The University of Cincinnati's diversity, equity, and inclusion programs are still in existence despite directives from the U.S. Department of Education to eliminate them or risk losing federal funding.
The Department of Education under the Trump administration issued its anti-DEI orders in mid-February, prompting some universities to begin rolling back their DEI initiatives and review other programs preemptively.
UC's President Neville Pinto said the university would comply with the department's wishes, sparking outrage among students and faculty who held two consecutive days of protests, including a march last Tuesday where hundreds protested at the school's Board of Trustees meeting to oppose leadership's decision.
Since then, Pinto has yet to make an official statement about the future of UC's DEI programs. Still, the campus community is keeping up the pressure.
'The law isn't settled yet'
Students and faculty at UC held another protest Tuesday as part of a national "Day of Action" by educators opposed to major changes to the Department of Education, as well as state laws they say would restrict what educators are allowed to discuss.
While this week's protest was smaller, UC's faculty union president Steve Mockabee says students and staff are showing they care about issues affecting education. He hopes university leaders are listening now, unlike before.
"Lots of faculty individually, and students, and student groups were advising the administration to slow down and reconsider their position, but the administration was not really engaging in shared governance. They were occasionally reporting out decisions they had already made," Mockabee told WVXU.
Mockabee points out the department's directives aren't federal law and they can be challenged in court. He says in this case, UC rushed to comply with mandates when it didn't have to.
"Public universities have to follow the law," he said. "But, the law isn't settled yet."
A few days ago, the U.S. Department of Education published a release to answer questions about the directives. In it, the department adjusted some of its initial definitions of DEI, which it characterized as racial discrimination.
Originally, the department said it "prohibits covered entities from using 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."
Now, the department says not everything involving race and culture qualifies as DEI or racial discrimination.
"Schools with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race. Nor would educational, cultural, or historical observances — such as Black History Month, International Holocaust Remembrance Day, or similar events — that celebrate or recognize historical events and contributions, and promote awareness, so long as they do not engage in racial exclusion or discrimination," the department wrote.
Even with the new statement from the federal government, Mockabee says there's still a lot of work to do in Ohio. Senate Bill 1, which he says would overhaul higher education, restrict faculty speech, and eliminate DEI programs, is quickly moving through the Ohio Statehouse.
Mockabee says most people in higher education in Ohio are opposed to the bill and have made that opposition clear to elected officials in spoken and written testimonies. But, he says, conservative state legislators pushed it through anyway.
"We're at a point where a lot of input from the public has been ignored and we're hoping that we can now get into a phase where in the House that we'll actually be able to get some legislators that will listen to the input that stakeholders are giving," he said.
Higher education advocates now hope the Senate Bill 1 will be stopped in the House or vetoed by Gov. Mike DeWine.
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