Frequently Asked Questions | "Dear Colleague" Letter

March 17, 2025

Dear Campus Community,

As many of you may have seen in recent news coverage, the United States Department of Education Office for Civil Rights recently released a “Dear Colleague”  letter addressed to colleges, universities, and K-12 educational partners outlining the department’s position on the legal requirements of Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the United States Constitution. This “Dear Colleague” letter states that violations of the protections of the Civil Rights Act may hamper an institution’s ability to receive federal financial assistance provided by the United States Department of Education. In addition, the letter strongly asserts that practices involving “diversity, equity and inclusion” (DEI) may violate federal nondiscrimination laws. The “Dear Colleague” letter was released following the Administration’s January executive order targeting DEI and a subsequent executive order regarding gender and sexual orientation. And, while a judge has blocked enforcement of some aspects of the executive order, we should expect that this could change at any time as the legal process unfolds.

The “Dear Colleague” letter provides the Department’s interpretation of a variety of regulations bringing uncertainty regarding the full legal and procedural implications of these changes.  The letter seeks to link the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which focused on college admissions and discrimination, to a broad and vague range of circumstances such as “…hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

Since becoming aware of the “Dear Colleague” letter, El Camino has sought guidance from legal counsel representing the District as well as legal counsel at the state and federal levels.  The College has also been in consultation with the League of California Community Colleges, the California Community College Chancellor’s Office, and our colleagues across the state, to understand how the directives of the Department of Education will impact us. Prior to the release of the letter El Camino College was in compliance with existing state and federal law. The College remains in compliance with existing state and federal law today. El Camino College remains firmly committed to our work on diversity, equity, and inclusion, and reaffirms our Diversity, Equity, Inclusion and Accessibility+ Commitment.

Further complicating the matter, on February 28, the Department of Education’s Office of Civil Rights released “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act.” Although the FAQ document brought some clarity to the “Dear Colleague” letter by using examples of case law to demonstrate how the Office of Civil Rights will interpret and pursue enforcement of civil rights laws, it maintained the expanded scope of the “SFFA” decision.

By broadening the “SFFA” decision to all aspects of campus life, there is a possibility that federal funding received by higher education institutions could be in jeopardy. This could include the financial aid that our students receive. Consequently, the College has begun to proactively review programs, services, and communication materials across a broad spectrum of mediums to identify any areas in need of clarification or enhancement. Programs and services offered at El Camino College are open to all students. We serve all students, as we always have, and always will. We will continue to engage in generative thinking and be intentional in how we describe this inclusivity to highlight our longstanding and existing demonstration that the college does not discriminate on the basis of race, color, or national origin. 

Our continued use of inclusive language will allow us to remain aligned with the goals of the Chancellor’s Vision 2030, and our own values of diversity, equity and inclusion as we enter into the next iteration of this work.

Next Steps

  • We continue to review communication released from the Department of Education and relevant regulatory agencies and seek further clarification on potential impacts.
  • We will continue to consult and confer with legal counsel and the state Chancellor’s Office to determine appropriate actions.
  • We will maintain open communication with faculty, staff and students to address any concerns as well as provide updates and additional information as needed. Area Vice Presidents will continue to work collaboratively with program faculty and staff as well as constituent leadership, as necessary and appropriate, regarding emerging issues, concerns, or action plans that are developed and vetted.

As we work through these processes and challenges our commitment to our students remains anchored in our mission, vision and values and is founded on core principles that foster an inclusive, empowering, and impactful environment for all those we serve. Our commitment to the success, safety, and well-being of all students remains steadfast. We will continue to prioritize a supportive and inclusive environment for every member of our community.

Thank you for your continued dedication to our students and our mission. If you have any questions or concerns, please contact your area manager, Vice President, or join me during office hours to discuss further. 

 

Sincerely,

Brenda Thames
Superintendent/President
El Camino College