Additional Information:
On January 20, the administration issued an executive order titled “Ending Radical And Wasteful Government DEI Programs And Preferencing.” This order requires federal agencies to terminate “equity-related” grants or contracts and all DEI or DEIA performance requirements for employees, contractors or grantees, and directs agencies to provide a list of contractors who have provided DEI training or training materials to federal employees and all grantees who have received federal funding to “provide or advance DEI, DEIA, or ‘environmental justice’ programs, services or activities since January 20, 2021.” On January 31, a federal judge issued a Temporary Restraining Order (TRO) preventing the freeze of federal loans, grants and other financial assistance, including grants with DEIA components. Please reach out to the Office of Research Administration if you receive a stop-work order on a federal grant for review of DEIA components.
On January 21, the administration issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The order eliminates all diversity, equity and inclusion programs in the federal government; directs each agency to identify “up to nine potential civil compliance investigations” of organizations including higher education institutions; and instructs the U.S. Attorney General and Secretary of Education to issue guidance to all higher education institutions that receive federal funding on compliance with the Supreme Court ruling banning race-conscious admissions.
On January 29, the administration issued an executive order titled “Additional Measures to Combat Antisemitism.” The order instructs a number of federal agencies to identify administrative or legal complaints of antisemitism after October 7, 2023 involving higher education institutions; and directs the U.S. Secretary of State, Secretary of Education and Secretary of Homeland Security to provide a report and recommendations to familiarize institutions of higher education with the grounds for inadmissibility into the U.S. so that institutions may “monitor for and report activities” by international students, faculty and staff “relevant to those grounds.”
On February 4, the Office of Civil Rights (OCR) within the Department of Education issued guidance to K-12 schools and institutions of higher education advising educators and administrators that OCR will enforce Title IX using the interpretation of “sex” to mean “the objective, immutable characteristic of being born male or female.”
On February 5, the administration issued an executive order titled "Keeping Men Out of Women's Sports." This order bans transgender athletes from competing in women’s and girl’s school-sponsored athletics. The order would further prioritize Title IX enforcement actions against educational institutions that allow transgender athletes to compete in women's and girls sports programs and instructs all federal agencies to rescind funding to programs that fail to comply with the policy.
On February 13, the Attorneys General of 16 states, including Maryland Attorney General Anthony Brown, issued guidance concerning Diversity, Equity, Inclusion and Accessibility (DEIA) employment initiatives.
On February 14, the acting Assistant Secretary for Civil Rights in the Department of Education sent a letter outlining new guidance for compliance with and enforcement of Title VI. More guidance from the Department of Education is expected. On March 5, the Department of Education released a Frequently Asked Questions document about the letter.
On February 21, a federal judge in Maryland issued a temporary restraining order (TRO) preventing the administration from implementing bans on diversity, equity and inclusion programs operated by federal agencies and federal grant and contract recipients, as ordered in the President's executive orders titled "Ending Radical and Wasteful Government DEI Programs and Preferencing" and "Ending Illegal Discrimination and Restoring Merit-based Opportunity." Under the TRO, the administration may not "pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations ('Current Obligations'), or change the terms of any Current Obligation," on the basis of these executive orders. The administration also cannot require any grantee or contractor to make any "certification" around DEI in their submissions for funding.
On March 5, 15 state attorneys general, including Maryland Attorney General Anthony Brown, issued multistate guidance to institutions of higher education and K-12 schools in response to federal orders and agency guidance regarding diversity, equity, inclusion and accessibility.
