Introduction by Barbara K. Mistick

Dear Colleagues:

Court action on Title IX takes center stage this week. Two different federal courts have issued preliminary injunctions against President Biden’s Title IX regulations, temporarily halting enforcement of the new rules in several states (see story below for more details). Although neither court issued a nationwide injunction, it is not yet clear whether the Department of Education will pursue a patchwork enforcement effort or put Title IX implementation on hold for the time being.

It’s important that institutions be prepared to implement the Title IX regulations on August 1, even if your state is one in which the rules have been temporarily halted. In these states, while the rules are now enjoined and colleges and universities in those states could theoretically halt implementation, the Biden Administration is expected to appeal. If an appeal were successful and any one of the injunctions were lifted, institutions in the affected states could be responsible for instantaneous compliance if the August 1 effective date has already passed.

NAICU’s recommendation for all members is to not only continue to prepare for compliance with the new rules by August 1, but also to consult counsel for legal advice regarding your institution’s specific circumstances.

Yesterday, I was pleased to host a webinar to help campus leaders prepare for the 2024 election season (webinar recording and presentation slides). The webinar provided insights on preparing for and managing the gamut of issues that likely will arise between now and November, including several examples of campaign-related activities campuses can and cannot partake in. 

Finally, I am delighted to report that Democratic members of both the House and Senate introduced Double Pell initiatives, which NAICU supports, late in the day yesterday. Important issue campaigns like Double Pell are often multi-year efforts, so it is wonderful to know that elected officials in both chambers are still pursuing the goal. We will have more information on that effort next week.

Soundbites

• In the first complaint resolutions addressing allegations of antisemitic and anti-Arab discrimination at institutions of higher education, the Office for Civil Rights at the Department of Education determined that the University of Michigan and multiple campuses at City University of New York had failed to adequately respond to reports of discrimination. Under the resolution agreements, the institutions have agreed to take numerous steps to remedy the concerns, including reopening cases involving claims of antisemitic and anti-Arab discrimination, conducting additional training, revising policies, and administering climate surveys. The resolution agreements are a good indicator of what the Department may require of institutions deemed to have responded insufficiently to allegations of discrimination on campus.

• The House Ways and Means Committee held a hearing this week focused on antisemitism on campus and what it deemed “radical faculty and the failure of university leadership.” The hearing included both student and faculty witnesses from Columbia University, as well as human rights think tanks and the American Jewish Committee. The witnesses testified that the antisemitic activities on campuses have gotten worse since last fall with widespread violations of campus codes of conduct and both anti-American and antisemitic threats and protests reaching a fever pitch prior to commencement dates. This week’s hearing follows a similar one the committee held last year on antisemitic activity at tax-exempt college campuses following the attack on Israel. 

• NAICU joined over 100 employer organizations in sending a letter to the Department of Labor asking the agency to suspend implementation of the final overtime rule threshold pay adjustments pending the outcome of several legal challenges. Currently, there are four court cases challenging the legality of the rule. The first scheduled salary adjustment, from $35,568 to $43,888, is set to take effect on July 1, and the letter argues that these cases should have time to be considered before the mandatory salary adjustment date. While the Biden Administration is unlikely to respond favorably to this request, it does reiterate the widespread concern about the effects of this rule on employers and employees across the country.

• The Department of Homeland Security (DHS) announced several new programs intended to promote immigrant family unity in the U.S. One of the programs would partner DHS with the Department of State to more efficiently facilitate certain employment-based nonimmigrant visas for qualifying individuals, including Deferred Action for Childhood Arrivals participants and other undocumented noncitizens, who have graduated from a U.S. college or university. This new policy is intended to give U.S. employers confidence in hiring these individuals. The specifics of this new program have not yet been released.

Home & Away Advocacy 2024

With the first day of summer happening earlier this week, this is a reminder to prepare to engage your Members of Congress while they are back home in their Congressional District during the upcoming summer recesses. First up is the Senate, which begins its July 4 holiday break on Monday:

As a reminder, NAICU has identified four key priority issue areas (the FAFSA delay, regulatory burdens, student aid funding, and institutional risk-sharing and the College Cost Reduction Act) that we’d like for you to discuss with your elected officials and have created talking points for each to help with those conversations.

This week’s Washington Update also reports on the Congressional Budget Office’s baseline projections for the Pell Grant program, several important FAFSA updates, and a series of education bills that were marked up by the House Committee on Education & the Workforce.

Enjoy your weekend!

Regards,

Barbara

Barbara K. Mistick, D.B.A.
President, NAICU

For more information, please contact:
Barbara K. Mistick