Navigating the Department of Education "Dear Colleague" Letter | Office of the Executive Vice Chancellor

Note: On April 24, 2025, three federal district courts in Maryland, New Hampshire, and Washington, D.C. paused enforcement of the "Dear Colleague" letter for public universities and K-12 schools. This DEO Essential addresses work done prior to the hold and UNL's approach to future actions, if necessary.

On February 15, 2025, the U.S. Department of Education's Office of Civil Rights released a "Dear Colleague" letter regarding nondiscrimination obligations of educational institutions that receive federal financial assistance. While this guidance does not carry the force of law, it must be taken seriously as it signals how the Department of Education intends to interpret federal law.

University of Nebraska's President Jeffrey Gold followed up the letter with a message to all campuses that the NU System had initiated a chancellor-led, comprehensive review of potentially relevant activities on each campus. Chancellor Rodney Bennett sent a message to the UNL campus sharing that he was engaging key stakeholders, including representatives from the Office of Institutional Equity and Compliance, and faculty, staff and student governance groups to ensure full compliance.

Here is information that can be helpful to DEOs as they navigate questions about the "Dear Colleague" letter and the UNL review process.

Inclusive excellence is a guiding institutional principle at UNL. We are committed to providing educational opportunities for everyone, and we take seriously our responsibilities to ensure that every student, regardless of background, feels a sense of belonging — that every person and every interaction matters.
A strong sense of connection is essential to student academic and career success. Our graduates are entering a globally diverse workforce, and it is essential that we equip them with the cross-cultural competencies and intelligence necessary to communicate and work effectively with people from different backgrounds.
Inclusive excellence guides our approach to faculty and staff recruitment and retention. It is because we are dedicated to excellence, advancing new knowledge, and creative new approaches to complex problems that we must attract, support, and retain diverse teams. We seek the widest possible pool of talent in our hiring processes because we know, based on years of replicated social science research, that they outperform less diverse teams.
UNL's core values and beliefs specifically state: "At the University of Nebraska, we strive for excellence in all that we do. True excellence requires that each individual be able to work and learn in an atmosphere of respect, dignity, and acceptance. Our commitment to diversity and inclusion requires each of us to continuously ensure our interactions be respectful, protect free speech and inspire academic freedom."
UNL is committed to compliance with all federal and state law, including the state of Nebraska's 2008 constitutional amendment that prohibits discrimination on the basis of “race, sex, color, ethnicity, or national origin.”
UNL is committed to compliance with Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. It is also committed to compliance with the Americans with Disabilities Act Section 504 on accommodations and Title II on accessibility.
The inclusion of the university's notice of nondiscrimination on all public communications makes it clear: "The University of Nebraska does not discriminate based on race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation in its programs, activities, or employment."
Following the Chancellor's comprehensive review of activities, and in consultation with University of Nebraska General Counsel, some information has been changed or removed from websites to ensure compliance with federal and state law.
Any potential modifications to support or service programs, under the advice and guidance of IEC and NU General Counsel, will be handled on a case-by-case basis with the relevant college, unit, or program in a manner that allows UNL to uphold its institutional values and core missions of education, research, and service. UNL will continue to provide resources that are essential for student success inside and outside the classroom.
Academic programs are not part of this review process, as they are protected by the principles of academic freedom. Academic freedom is a collective and individual right and is different than freedom of speech. This UNL Faculty Resource explains the similarities and differences between the two concepts and how each is protected.
Events that celebrate the accomplishments of a specific group or heritage month can continue, as they should already be in compliance with the state of Nebraska's 2008 constitutional amendment that prohibits discrimination on the basis of identity.

Specific questions about the "Dear Colleague" letter and UNL’s review process that are not covered in this DEO Essential should be directed to the Associate to the Chancellor in IEC at oiec@unl.edu.

RESOURCES

Last updated May 2025