In October, President Trump proposed a compact for higher education, a federal takeover of state and private institutions thinly disguised as an offer of preferential funding consideration. Most of the initially targeted universities rightfully have rejected Trump’s unlawful and unconstitutional compact, but some schools, including the University of Virginia and Cornell, have since signed separate agreements with the federal government.
Initial media coverage largely portrayed the deals as compromises that allowed the universities to preserve institutional autonomy and resolve outstanding federal investigations. But subsequent revelations about the coercive ouster of UVA’s former president underscore how, in fact, “deals” like these represent a dangerous new front in the Trump administration’s war on higher education.
UVA’s settlement, announced on 22 October, appeared to focus narrowly on diversity, equity and inclusion (DEI) programs, to safeguard academic freedom, and to avoid external monitoring or monetary penalties. Cornell paid $60m and made various promises related to admissions, DEI, antisemitism and foreign financial ties in exchange for a restoration of federal funding. UVA’s leaders hailed “a constructive outcome” that “uphold[s] the university’s principles and independence”, while Cornell’s declared that federal funding would be restored without sacrificing academic freedom. But the reality is very different.
UVA’s deal is not a deal at all. It provides that if UVA makes unspecified changes on “DEI” to the federal government’s satisfaction and provides it with data through 2028, the administration will close currently open investigations into the university. The federal government can open new inquiries at any time.
What the agreement does do is contractually bind UVA to the Trump administration’s definition of discrimination. That definition outstrips anything the law requires and, in fact, may force UVA to violate statutory and constitutional law. Far from extricating the university from government oversight, the agreement subjects UVA to federal monitoring and the risk of draconian financial penalties if the federal government decides, at its sole discretion, that the university has not complied.
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