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In a recent Inside Higher Ed article, Thompson Coburn partner Scott Goldschmidt offered commentary on the University of Virginia's (UVA) decision to eliminate all diversity, equity, and inclusion (DEI) programming. This move aligns with the Trump administration's broad interpretation of the Supreme Court's 2023 ruling that banned race-conscious admissions policies.
Under the terms of a nine-page memo issued by the Department of Justice (DOJ) in July, UVA must submit quarterly reports containing "relevant information and data" through 2028.
Scott noted that UVA's agreement could be beneficial—if the university can fully comply. "If [UVA] feels confident that they can comply, then this could be a good outcome for the school. The investigations are closed and they don't admit liability," he said.
However, he cautioned that the stakes are high. "If there is any issue, or the government sees otherwise, then all bets are off, and they could be in a worse position than when they signed the agreement."
Scott views the DOJ's approach as a strategic effort to push institutions toward accepting its interpretation of civil rights law without triggering legal challenges. As long as UVA adheres to the memo's terms, the investigations will remain closed, and the university avoids the risk of multimillion-dollar settlement fees or the loss of federal financial aid. But, as he emphasized, "that's a big if."
"If the DOJ at any point finds that UVA did not comply, then everything gets reopened, and all the potential issues, penalties, etc. that could come from a federal civil rights investigation would fall back down on the institution," he explained.
"Schools would really want to think hard and deep about whether there is any wiggle room," he said, "because the consequences of violating the DOJ's memo are so strong."
Read the full article here.
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