On February 14, the Department of Education issued its most recent Dear Colleague Letter and instructed schools to eliminate all Diversity, Equity, and Inclusion (DEI) initiatives by March 1. Failure to do so, according to the letter, could prompt investigation and a loss of federal funding.

The letter references the U.S. Supreme Court’s 2023 decision to strike down affirmative action in college admissions and argues that the ruling should be applied more broadly to affect “financial aid, hiring, training, and other institutional programming”:

Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of ‘diversity, equity, and inclusion’ (‘DEI’), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.” 

The letter sparked widespread discussion and concern, as its steps for execution remain unclear. Ramifications of these changes, if enforced, could greatly impact Title IX professionals.

The Role of DEI in Title IX

DEI programs and offices have played a significant role in expanding Title IX protections and ensuring equitable access to education. DEI offices often work in tandem with Title IX coordinators to create inclusive environments, offer bias training, and support historically marginalized student populations, including women, students of color, LGBTQIA+ students, and students with disabilities.

Without DEI structures in place, schools and universities may struggle to implement policies that promote gender equity, prevent discrimination, and address harassment effectively. Title IX’s enforcement is already a complex issue, and removing DEI resources may lead to reduced awareness, weaker protections, and a chilling effect on students seeking support.

Reduced Training and Awareness

One of the most immediate impacts of dismantling DEI initiatives is the loss of Title IX-adjacent training for faculty, staff, and students. DEI programs frequently provide workshops on implicit bias, gender-based discrimination, and proper Title IX reporting procedures. Without these trainings, campus communities may become less informed about their rights and obligations under Title IX, leading to:

• Increased incidents of discrimination and harassment due to a lack of preventative education.
• Faculty and staff being ill-equipped to respond appropriately to reports of sexual misconduct.
• Students failing to recognize their protections under Title IX, resulting in under-reporting of violations.

A decline in training could create an environment where Title IX violations go unchecked, ultimately weakening the safety and inclusivity of educational spaces.

Weakened Institutional Support for Survivors

DEI offices often play a pivotal role in supporting survivors of sexual harassment and assault, ensuring they have access to resources such as counseling, accommodations, and community resources. Without DEI structures, survivors may face additional barriers when seeking help, including:

• Fewer dedicated staff members trained to handle trauma-informed care.
• Reduced funding for survivor support programs.
• An increase in retaliatory behavior against those who report Title IX violations, especially in environments where institutional culture discourages addressing discrimination and misconduct.

This shift may particularly impact marginalized students who rely on DEI offices for advocacy and tailored support services.

Implications for Title IX Professionals

The rollback of DEI programs could create broader deregulation efforts that affect federal oversight of civil rights laws, including Title IX. If federal agencies such as the Department of Education’s Office for Civil Rights (OCR) reduce investigations or are eliminated altogether, schools may feel less pressure to comply with the law. This could result in:

• More leniency in handling Title IX complaints and investigations.
• Reducing policies that hold schools accountable for failing to address discrimination and harassment.
• Fewer public records of Title IX investigations, making it difficult for students and advocates to track institutional compliance.
• Increased discrimination and harassment due to reduced preventative measures.
• Declining student trust in their institutions’ ability to handle misconduct and discrimination claims.
• A chilling effect on reporting, as students and faculty may fear retaliation without adequate institutional protections.

Without strong federal oversight, many institutions may de-prioritize Title IX compliance, leading to an erosion of student protection.

How We Can Help

For up-to-date information on all Title IX changes and how they affect you and your institution, join us for Title IX Thursdays on the first Thursday of every month. For more information about our Title IX consulting services, including advising, hearing adjudication, and investigation, contact us at [email protected].