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Scott Smallwood
@scottsmallwood.com
130 followers 190 following 43 posts
Co-founder & CEO, Open Campus

http://www.opencampusmedia.org
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This statement is quite strong. Signed by nearly 200 presidents, including about a third of them publics.

But the headline is remarkably mild: "A call for constructive engagement."

www.aacu.org/newsroom/a-c...
Excerpt of AAC&U letter: "As leaders of America's colleges, universities, and scholarly societies, we speak with one voice against the unprecedented government overreach and political interference now endangering American higher education. We are open to constructive reform and do not oppose legitimate government oversight. However, we must oppose undue government intrusion in the lives of those who learn, live, and work on our campuses. We will always seek effective and fair financial practices, but we must reject the coercive use of public research funding."
April 22, 2025 at 2:07 PM
scottsmallwood.com
5/ Harris: "But my vote to grant the stay comes with a caveat. What the Orders say on their face and how they are enforced are two different things. Agency enforcement actions that go beyond the Orders' narrow scope may well raise serious First Amendment and Due Process concerns."
Screen shot of Harris concurring: "But my vote to grant the stay comes with a caveat. What the Orders say on theirface and how they are enforced are two different things. Agency enforcement actions thatgo beyond the Orders’ narrow scope may well raise serious First Amendment and DueProcess concerns, for the reasons cogently explained by the district court. "
March 15, 2025 at 4:52 PM
scottsmallwood.com
4/ Harris "Nor do the Orders authorize the termination of grants based on a grantee's speech or activities outside the scope of the funded activities."
Screen shot of Judge Harris, concurring. "As the government explains, the challenged Executive Orders do not purport to establish the illegality of all efforts to advance diversity, equity or inclusion, and they should not be so understood. Instead, the so-called "Certification" and "Enforcement Threat" provisions apply only to conduct that violates existing federal anti-discrimination law." Harris 'Nor do the Orders authorize the termination of grants based on a grantee's speech or activities outside the scope of the funded activities. Rather, the "Termination" provision directs the termination of grants, subject to applicable legal limits, based only on the nature of the grant-funded activity itself."
March 15, 2025 at 4:52 PM
scottsmallwood.com
UWyoming had already closed its DEI office last year in response to state legislation. A report from a working group the president created to examine DEI at the university offers a great look at administrators trying to figure out what exactly constitutes "DEI."

www.uwyo.edu/news/_files/...
Excerpt from the Working Group report: "DEI is a broad umbrella term encompassing a spectrum of ideals, values, and activities some of which are federally mandated, required for accreditation, and/or represent other unobjectionable activities. Through its work, the Working Group has found that in this broad sense DEI is integrated throughout higher education, including at the University of Wyoming. However, the legislative intent of the budget footnote appeared more focused on specific activities grouped with DEI efforts. In the absence of a definition of DEI within the budget footnote, the Working Group directed its attention toward other legislative language and laws from other states to draft a definition responsive to the perceived legislative intent. Diversity, Equity, and Inclusion efforts are defined as advocating, promoting, or funding a program, activity, or function that: 1. Advantages or disadvantages, or attempts to advantage or disadvantage, an individual or group on the basis of race, color, sex, national origin, gender identity, or sexual orientation, to equalize or increase outcomes, participation or representation as compared to other individuals or groups; or 2. Promotes the position that the action of a group or an individual is inherently, unconsciously, or implicitly biased, privileged or inherently superior or inferior on the basis of color, sex, national origin, gender identity, or sexual orientation. " Excerpt from the Working Group report: "DEI programs, activities and functions: The Working Group has found that of the programs, activities, and functions reviewed so far, many are critical to the University's core mission or are considered a critical support service. The DEI office at the University of Wyoming is modest in size compared to counterparts at other institutions, and its primary focus is on supporting students in a manner consistent with Wyoming values. In addition, many of the DEI-related programs, activities, and functions across the University--not directly managed by the office--do not align with the issues making national headlines. However, some modification might be considered to ensure that there is no preferential treatment or exclusion of groups based on specific identities. For example:
March 15, 2025 at 2:47 PM
scottsmallwood.com
Legal scholars argue: "the J21 EO does not prohibit universities
from using their own voice to proudly proclaim their commitment to egalitarian values like diversity,
equity, and inclusion."
A. The J21 EO “does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment- protected speech.” Among other consequences, this means that the J21 EO does not prohibit universities from using their own voice to proudly proclaim their commitment to egalitarian values like diversity, equity, and inclusion. This should reassure universities that they may continue to employ terms like “diversity,” “equity,” and “inclusion” on university websites and publications. Universities may also communicate their egalitarian-oriented values by, for example, posting #BLM banners on campus, hanging Pride Flags in the student center, or simply reiterating such messages as “Black Lives Matter,” “Trans Lives Matter,” “Palestinian Lives Matter,” “Antisemitism is Unwelcome Here,” “Against Asian Hate,” or any other slogan that cultivates an academic environment in which all students belong.
February 20, 2025 at 11:05 PM
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Meanwhile, U of Cincinnati president: "We ask for your patience and understanding as we work through how best to comply with this confluence of complex, fast-moving legal and policy changes at various levels of government." www.uc.edu/news/article...
Dear UC Community, I am writing to alert you to an extremely important communication from Acting Assistant Secretary for Civil Rights Craig Trainor. At 9 p.m. on Friday, February 14, the Department of Education Office for Civil Rights (OCR) released a “Dear Colleague Letter” that cements its concerns around diversity, equity and inclusion (DEI). I encourage you to read it in full. This letter comes on the heels of Executive Order 14173, which was released on January 21 and prohibits any race- and sex-based preferences, mandates, policies, programs and activities tied to DEI. Trainor’s letter indicates that OCR will enforce civil rights statutes as prohibiting “race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.” Trainor continues, “Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.” Provost Kristi Nelson and I are assessing the impact on our university and meeting with all deans and vice presidents this week to provide specific guidance and action steps. We ask for your patience and understanding as we work through how best to comply with this confluence of complex, fast-moving legal and policy changes at various levels of government. We greatly appreciate all that you do to ensure the success of our university. We remain committed to fostering a vibrant environment for inquiry, discovery and learning.
February 19, 2025 at 7:33 PM
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At Kent State, the president sent a more emotional letter: "During this time of rapidly shifting governmental actions, I write to affirm our commitment to caring for all members of our community. How we will be allowed to care for each other is likely going to change"
Letter from Kent State president Todd Diacon titled OUR COMMITMENT TO CARING AMID CHANGING DIRECTIVES. "Dear Members of the Kent State University Community, During this time of rapidly shifting governmental actions, I write to affirm our commitment to caring for all members of our community. How we will be allowed to care for each other is likely going to change because of impending state and federal mandates. What will not change is our mission of providing a safe and supportive environment for all Golden Flashes. As a member of our community recently said to me, “Nothing can diminish the love and care we have for each other.” State legislation and federal directives, such as this weekend’s federal Dear Colleague letter outlining what race-based or national origin efforts, activities and programs must cease in order for the university to continue receiving federal funds, will alter long-delivered services at Kent State and indeed at most universities in Ohio and the nation. We do not yet have all the answers about the impact of these directives, but as we gain clarity, we will provide further information. Our commitment remains steadfast: to ensure that all members of our community feel valued, supported and heard. Collectively, and by relying on and supporting each other, we will continue on our course of access, kindness and respect at Kent State."
February 18, 2025 at 5:54 PM
scottsmallwood.com
First, Case Western president Eric Kaler
says the guidance, which expands the SFFA v. Harvard decision "to include all aspects of campus life appears to be a gross overreach of the Supreme Court decision" and may be challenged legally.
case.edu/president/sp...
Excerpt from letter from CWRU president Eric Kaler: "This expansion to include all aspects of campus life appears to be a gross overreach of the Supreme Court decision and may be challenged in the legal system. Still, individuals at Case Western Reserve and at partner institutions and agencies across the U.S. are working to better understand the intention and implications of this letter. At the university, we are assessing our processes and programs that are relevant to the letter. For example, we have determined that our admissions and financial aid processes align with the letter's compliance points because of the extensive work done following the 2023 Supreme Court ruling. This work is moving quickly, as Trainor's letter noted that institutions will begin to be assessed in 14 days (i.e., Feb. 28), and those not in compliance could lose federal funding. As we continue this work, we do so while remaining firmly committed to [our core values](https://case.edu/about/mission-vision-values/) as an institution. Case Western Reserve has long been guided by a commitment to embrace our differences--whether they're rooted in what we study, where we're from or how we intend to shape the world--and we will continue to do so."
February 18, 2025 at 5:54 PM
scottsmallwood.com
Government files first status report to federal judge (in suit filed by medical schools against NIH) confirming that they are abiding by the TRO and that NIH reimbursements are being made.

storage.courtlistener.com/recap/gov.us...
February 12, 2025 at 11:46 PM
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From @eringretzinger.bsky.social BREAKING: In response to Trump's Jan. 21 DEI executive order, the UNC System sent out a memo on Feb 5 suspending all general education requirements and major-specific requirements "mandating completion of course credits related to diversity, equity, and inclusion."
Memo from UNC System regarding Trump Executive order on DEI. Key sentence: "Even though some form of additional federal guidance is expected, and the law in this area remains unsettled, the risk of jeopardizing over $1.4B in critical federal research funding is simply too great to defer action."
February 7, 2025 at 2:29 AM
scottsmallwood.com
In 2023, the legislature banned certain DEI activities at public colleges, but exempted
coursework, research and other creative works from students. A new bill would eliminate those exemptions. (capitol.texas.gov/BillLookup/H...)
Screen shot showing proposed bill language that eliminates the words: "(c) Nothing in this section may be construed to limit or prohibit an institution of higher education or an employee of an institution of higher education from, for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency, submitting to the grantor or accrediting agency a statement that: (1) highlights the institution's work in supporting: (A) first-generation college students; (B) low-income students; or (C) underserved student populations; or (2) certifies compliance with state and federal antidiscrimination laws. (d) Subsection (b)(1) may not be construed to apply to: (1) academic course instruction; (2) scholarly research or a creative work by an institution of higher education's students, faculty, or other research personnel or the dissemination of that research or work; (3) an activity of a student organization registered with or recognized by an institution of higher education; (4) guest speakers or performers on short-term engagements; (5) a policy, practice, procedure, program, or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity; (6) data collection; or (7) student recruitment or admissions."
February 6, 2025 at 4:07 PM
scottsmallwood.com
In its section on Protecting Students, Ed Dept has entirely removed its web page about Sex-based Harassment. www.ed.gov/laws-and-pol...
web.archive.org/web/20250124...
Web page at Ed Department from archive.org showing text of the sex-based harassment guidance. 404 Page at Ed Department
January 31, 2025 at 11:40 PM