The University of Colorado Boulder is considering a Department of Education Office of Civil Rights letter asserting that it’s illegal to use race as a factor in financial aid, hiring, scholarships and programs promoting diversity, equity and inclusion.

The letter called systemic racism a “false premise” and said that diversity, equity and inclusion programs are discriminatory and “insidious” because they favor certain racial groups and teach students that certain racial groups bear unique burdens.

“The University of Colorado complies with state and federal law,” according to a CU System statement. “According to the Feb. 14 letter, we anticipate there may be additional guidance provided by the department. As with all of the recent directives released during the federal transition, the university will continue to analyze them to assess the potential impact to CU.”

The letter cites the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which established that universities are not allowed to consider race as a factor in college admissions. The letter expands the interpretation of that ruling to apply to other aspects of university life.

“The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter read.

At the time of the Supreme Court ruling, CU Boulder reiterated its commitment to diversity, equity and inclusion.

The letter provided notice of the Department’s existing interpretation of federal law and said additional guidance would follow. It noted it will enforce the law and said any institutions that fail to comply will face potential loss of federal funding.

Chancellor Justin Schwartz addressed the Boulder campus’ response to the presidential transition on Feb. 18 in an online video and statement.

“Along with the CU System, peer universities and national higher ed associations, we are monitoring every development closely,” Schwartz said. “My leadership team is thinking through possible scenarios so we can be prepared for whatever might come. When appropriate, we are also working with the state attorney general’s office to provide factual information for court actions. CU Boulder will only change operations if and when we have to.”

In the coming months, he said, the university may be required to change aspects of how it operates and will communicate any changes as quickly as possible. It has not yet announced any changes.

An update from the CU System on Friday noted that the U.S. District Court of Rhode Island considered arguments from 22 states, including Colorado, on the need to continue blocking the presidential administration from freezing federal funding, including research grants to universities. The university continues to advise that all researchers, faculty and staff continue working normally.

For more information, visit cu.edu/blog/government-relations.