Federal Policy
An independent audit commissioned by Bard College has raised doubts about the authenticity of a 2014 email exchange between former president Leon Botstein and Jeffrey Epstein. The audit, conducted by FTI Consulting, found the emails to be 'highly suspicious' and cited inconsistent formatting and timestamps, as well as the absence of the emails on Bard's servers since 2017. The emails were cited by Democratic lawmakers as evidence that Botstein may have participated in Epstein's abuse. Botstein has denied writing the emails. The audit did not address other allegations in Rep. Jamie Raskin's letter, including Title IX interference and protection of sexual predators on the faculty. Botstein resigned as president this summer amid scrutiny over his relationship with Epstein.
The U.S. Treasury proposed a rule on Thursday to tighten the definition of racial discrimination in tax-exempt status for private colleges, treating DEI programs as violations of civil rights law. If ultimately approved, colleges could be stripped of tax-exempt status due to DEI work, impacting their financial stability. The proposal has already drawn criticism from education circles and tax policy experts.
The U.S. Department of Justice announced on Monday that Ohio State University has agreed to pay $2.1 million to settle allegations that it failed to disclose faculty members' ties to the Chinese government while receiving federal research funding. The university did not admit wrongdoing but stated it had cooperated with the investigation and taken action against the professors involved.
Judge Noël Wise of the U.S. District Court for the Northern District of California ruled last Friday that the Trump administration's policy of deporting lawful immigrants based on speech under two provisions of the Immigration and Nationality Act is unconstitutional. The policy led to the revocation of hundreds of student visas and affected institutions such as the Stanford University student newspaper. The judge noted that free speech belongs to all people in the United States, and the government has no right to deprive it.
This week's higher education developments were intense: Education Department staff recommended revoking the ABA's federal accreditation; Broward College reached a $430,000 separation agreement with its former president; the Education Department and student journalists filed appeals in significant cases; MIT, the University of Chicago, and Florida universities adjusted their AI usage policies.
The U.S. Department of Justice recently launched a review of admissions policies at multiple universities, finding that six institutions, including the UCLA School of Medicine, engaged in race-based discriminatory admissions practices, and threatened to file lawsuits if voluntary settlements cannot be reached.
On Thursday, the U.S. Department of Justice filed lawsuits against Arizona, New Mexico, Oregon, and Washington over laws that allow some undocumented students to receive in-state tuition and state financial aid. The Department of Justice argues that these policies illegally provide benefits to undocumented students that are not extended to all U.S. citizens. Currently, the Department of Justice has sued 21 states and successfully overturned similar policies in five states.
The U.S. Department of Labor issued three final rules eliminating affirmative action requirements for federal contractors, including removing the 7% disability employment goal and adjusting contract coverage thresholds. The rules are based on Trump's 2025 executive order and take effect in phases.
Haley Van Erem, a former DOJ civil rights attorney, filed a whistleblower disclosure alleging that the Trump administration's Title VI investigations into Ivy League universities were politically motivated, designed to pressure settlements, and ignored evidence. The disclosure, filed Monday with congressional leaders, claims officials pursued deals with Columbia, Harvard, and Brown despite incomplete or negative findings. Rep. Jamie Raskin has launched an investigation, requesting documents from the DOJ.