Resolution from the Faculty Senate of the University of Nebraska – Lincoln Defending Institutional Autonomy, Academic Freedom, and the Rule of Law in Response to the Department of Education’s February 14, 2025 “Dear Colleague” Letter

[Back to original story]

April 1, 2025

The faculty of the University of Nebraska Lincoln are committed to the core principles of academic freedom, institutional autonomy, and the advancement of knowledge as fundamental to higher education’s mission to serve the public good;

Recent actions by the U.S. Department of Education, including the February 14, 2025 “Dear Colleague” Letter reflect a misinterpretation of federal law that is not rooted in statutory authority or established Supreme Court precedent;

The Dear Colleague Letter appears to signal a broader attempt to chill constitutionally protected speech, academic inquiry, and educational initiatives by mischaracterizing diversity, equity, and inclusion (DEI) efforts as unlawful, despite clear legal precedent affirming that institutions may pursue policies that foster diverse learning environments and offer protections against discrimination;

The January 21, 2025, Executive Order (J21 EO) and related agency communications, including the Dear Colleague Letter, appear to advance a politicized and ideologically motivated attack on higher education rather than a neutral application of civil rights law, threatening the ability of institutions to fulfill their legal and ethical obligations under Title VI, Title VII, and Title IX;

Academic freedom is under increasing attack at the state and federal levels, with coordinated efforts to curtail tenure protections, defund higher education, censor academic content, and dismantle public funding for research, thereby eroding the fundamental principles that sustain a free and independent system of higher learning;

Compliance with unfounded or unconstitutional federal directives undermines both the legal standing and moral responsibility of universities to uphold civil rights, academic freedom, and the integrity of educational institutions;

Therefore, be it resolved that the Faculty Senate of the University of Nebraska-Lincoln:

1.Rejects the misinterpretation of civil rights law reflected in the Department of Education’s February 14, 2025, Dear Colleague Letter and urges institutional leadership to resist unnecessary and unfounded restrictions on faculty governance, curriculum, and student support initiatives.

2.Affirms that universities have the right and responsibility to foster diverse and inclusive learning environments in accordance with longstanding federal legal protections and Supreme Court precedent.

3.Denounces broader federal and state-led attacks on academic freedom, tenure, and institutional autonomy, including efforts to defund universities, censor research and curriculum, and restrict faculty governance over institutional decision-making.

4.Calls upon the University of Nebraska system leadership to join with peer institutions, professional associations, and legal advocacy organizations in challenging unlawful federal directives that seek to undermine the autonomy and mission of public universities.

5.Encourages faculty, students, and administrators to actively engage in public advocacy, legal challenges, and coalition-building efforts to safeguard higher education from politically motivated interference.

6.Directs the Faculty Senate Executive Committee to formally convey this resolution to the Chancellor, the Board of Regents, the Nebraska State Legislature, and Nebraska’s congressional delegation, and to explore additional avenues for faculty-led advocacy in defense of academic freedom and institutional autonomy.

Adopted by the Faculty Senate of the University of Nebraska – Lincoln on [Date]