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Federal agencies prodding MSU on DEI, top lawyer says

February 18, 2025
Beaumont Tower peeks through the trees on Sept. 8, 2024. The tower stands 104 feet tall in the middle of Michigan State University's campus.
Beaumont Tower peeks through the trees on Sept. 8, 2024. The tower stands 104 feet tall in the middle of Michigan State University's campus.

Federal government agencies have begun "requesting certification" from MSU — "as a condition of receiving federal funding" — that it does not operate any diversity, equity and inclusion programs, according to an email sent to campus leaders Tuesday by General Counsel Brian Quinn. 

The letter also instructs campus leaders to review their "programs and activities" to ensure compliance with the federal government’s new interpretation of civil rights law, which considers DEI programs to be discriminatory and illegal. 

Following weeks of uncertainty on MSU’s campus and across the country around the extent to which President Donald Trump would follow through on his threats to DEI programs at public universities, Quinn’s letter seems to provide some answers.

The agencies' direct prodding of MSU represents an extension of the increasingly far lengths being taken by the Trump administration to curb DEI programs across all sectors.

Whereas the new Trump administration’s first anti-DEI action only ended the programs in the federal government, subsequent moves have broadened the scope.

Specifically, an executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" and signed Jan. 21 asked federal agencies to identify up to nine "civil compliance investigations" into universities with endowments larger than $1 billion, as well as publicly traded corporations and large nonprofits. MSU, with its $4.4 billion endowment, fits into that category.

And, late last week, a "Dear Colleague" letter sent to universities by the Department of Education clearly signaled that the federal government interprets DEI programs as in violation of federal anti-discrimination law. It also said that, "beginning no later than 14 days from today’s date," the department would begin "taking appropriate measures" to assess universities’ compliance with the anti-discrimination law to ensure their eligibility for federal funding.

Quinn’s email — which was sent to program directors, college deans and department chairs and obtained by The State News — appeared to subtly push back on the federal agencies’ inquiry by suggesting that MSU is already in compliance with anti-discrimination law. 

"Well-established federal and state laws prohibit MSU from discriminating against or granting preferential treatment based on protected identities in employment, admissions, and all other programs and activities, including scholarships, awards, groups, and other opportunities," said the letter, which was signed by Quinn and Provost Thomas Jeitschko. "These laws and associated regulations, which remain unchanged, form the basis for, and are described in, MSU’s Notice of Non-Discrimination, Anti-Harassment and Non-Retaliation."  

But despite that defense, the email does recommend to the campus leaders who received it that they conduct reviews of their "programs and activities" to ensure compliance with the federal government’s anti-DEI interpretation of civil rights law. 

"Now is a prudent time to review programs and activities under your purview to confirm compliance with anti-discrimination laws and MSU’s existing policy, in particular any efforts that may be focused on (or appear to focus on) individuals based on a protected identity," the email said.

It then provides a link to a form that email recipients could fill out in order to receive legal guidance from the Office of General Counsel in connection to specific programs that could be potentially noncompliant. 

Later Tuesday, Jeitschko sent a separate "follow up" email to faculty and academic staff addressing the earlier email. In it, Jeitschko seemed to quietly echo the impassioned defenses of DEI made by MSU leaders at the Board of Trustees meeting earlier this month, though language seeming to reference the programs was notably pared back. 

"First and foremost, I want to reassure you that MSU remains committed to our founding mission, and to our core values," Jeitschko said. "I also want to acknowledge the concerns and uncertainty that members of our campus community may be experiencing related to programs promoting diversity, equity, and inclusion."

Jetischko’s letter continued that — in addition to President Kevin Guskiewicz’ Rapid Response Teams composed of experts who can prepare for how to respond to federal policy shifts affecting MSU — additional stakeholder "working groups" will be created "to discuss specific impacts, policies, and practices that will guide our work in this political environment." He added the university is "thinking through plans" to hold "a number of virtual town hall meetings in the near future" that will be open to all members of the MSU community and that university leaders will participate in. 

"Thank you for your patience and understanding as we carefully interpret and assess the language and implications for our campus," the email concluded. "In the meantime, please be sure to reach out and connect with others across our communities. We are in this together and we will get through this together, as one team."

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