U.Va. Launches Comprehensive Compliance Review: What You Need to Know

In late May, the Office of University Counsel sent a four-page memo to University leaders. This document aimed to help the University comply with civil rights laws. The initiative is part of a broader review of all policies and practices at the University to ensure they meet federal and state requirements.

The memo, verified by spokesperson Bethanie Glover, came out amidst ongoing inquiries from the Department of Justice. Since April, the DOJ has been examining the University’s admissions policies and diversity efforts. Interestingly, the memo does not cite these inquiries as the motivation for the review. Instead, it references the 2023 Supreme Court decision in Students for Fair Admissions v. President and Fellows of Harvard College, along with federal executive orders and guidance from the Department of Education, as foundational for its content.

This compliance review ties back to a recent Board decision to dissolve the Office of Diversity, Equity, Inclusion, and Community Partnerships because of federal law. Early assessments indicated that the College was likely in compliance with these laws, but a second review is currently assessing departmental roles related to diversity, equity, and inclusion (DEI).

The memo identifies three key areas for compliance. The first area emphasizes that selection for University programs cannot be based on characteristics like race or sex. Faculty members are advised to be cautious with language around “equity” to avoid any misinterpretation. For instance, using terms like “underrepresented” can lead to misunderstandings that suggest discrimination.

Although the University values diversity, the memo clarifies that explicit characteristics such as race cannot be used to foster diversity. However, there is room for programs aimed at socioeconomic diversity, particularly for first-generation college students or those from low-income backgrounds.

The second area addresses the need to protect all community members from a “hostile environment.” This includes harassment that disrupts a person’s ability to engage in University activities. The memo reminds faculty that while open discussion is vital in academia, they should steer clear of reinforcing extreme stereotypes in required courses.

Furthermore, the document expresses concern about forcing students to endorse beliefs they might not share during mandated trainings. It’s essential for these programs to be reviewed to avoid this pitfall.

Importantly, while race and other protected characteristics must be considered with caution, programs aimed at groups based on these traits can exist, provided they are open to everyone in the community.

Finally, department reviews need to be completed by September 5, aiming to ensure that all practices align with these guidelines. This deadline emphasizes a commitment to compliance and a modern approach to diversity that respects legal boundaries while promoting inclusive practices.

Overall, as universities grapple with civil rights laws and changing social landscapes, thoughtful guidelines are essential for fostering inclusive environments while ensuring legal adherence. For further details on compliance with federal civil rights laws, you can check the U.S. Department of Justice Civil Rights Division.

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