Following a series of Board of Visitors resolutions and inquiries from the federal government earlier this year, the Office of University Counsel sent a four-page document to University leadership outlining directions for compliance with civil rights law in late May. This document was intended to be used as a guide in a University-wide review of all policies, programs and practices to ensure that they comply with federal and state laws, according to an email sent from Christa Acampora, dean of the College of Arts and Sciences, to department chairs within the College.
The Cavalier Daily obtained this document and Acampora’s email from an anonymous source. University spokesperson Bethanie Glover verified the document’s authenticity.
This document, titled “U.Va. Guidance for Ensuring Compliance with Civil Rights Law,” reveals that compliance reviews were already underway prior to former University President Jim Ryan’s resignation. According to Glover, the document was circulated by the Office of University Counsel to University leadership in late May, and Acampora’s email sharing it with College department chairs was sent July 7.
The University was in the midst of ongoing inquiries by the Department of Justice — which began April 11 — into admissions policies and diversity, equity and inclusion programming at the time the document was originally sent in May. However, it does not mention communications from the Justice Department as a reason for the compliance review and instead cites the 2023 Supreme Court decision in Students for Fair Admissions v. President and Fellows of Harvard College, federal executive orders and Department of Education guidance as the basis for the guidance offered in the document.
The document also notes that the review is being conducted in accordance with the March 7 Board vote to dissolve the Office of Diversity, Equity, Inclusion and Community Partnerships in accordance with federal law.
According to Acampora’s email, a preliminary review suggested that the College was in compliance with federal law, and a second review and revision of “department DEI roles” is underway within the College. The email also brought up the University-wide review, and asked that department chairs identify any areas that may warrant further review based on the document’s guidance.
The document outlines three main topics for compliance, the first making clear that race, ethnicity, sex and other characteristics may not be used as criteria for selection or participation in University-sponsored programs. Within this topic, the document advises that in speaking or writing on behalf of the University, faculty should be sensitive to possible connotations associated with the word “equity.” It also advises that schools avoid targeting programs at underrepresented or marginalized groups.
"We should avoid language suggesting that programs are targeted at ‘underrepresented’ or ‘disadvantaged’ groups, if the surrounding context would permit the misunderstanding that such words are code for consideration of protected characteristics.”
While the document acknowledges that diversity is valued at the University, it says that explicit characteristics such as race and ethnicity may not be used in pursuing the goal of diversity, and that using other language to achieve these goals is also impermissable. However, it does say that the University may explicitly pursue goals focused on socioeconomic diversity and maintain programs targeted at first-generation college or low-income students.
The second topic focuses on protecting community members from experiencing a “hostile environment,” which the document describes as severe, pervasive or persistent harassment that interferes with a person’s ability to participate in or benefit from University programs.
“[Protection] includes students, faculty and staff who associate themselves with majority identities as well as minority identities,” the document reads.
Although it acknowledges that free expression of ideas within the classroom are generally protected under the First Amendment and principles of academic freedom, the document advises that mandated courses avoid the use of “extreme” stereotypes or practices. It also advises that required trainings be reviewed by both the Office for Equal Opportunity and Civil Rights and University Counsel.
“Institutionally-mandated trainings on topics connected to non-discrimination, diversity, identity, inter-group relations, anti-racism and the like can pose dangers of making participants feel coerced to affirm ideas that they do not share,” the document reads.
The document concludes by reassuring faculty that programs and coursework are not legally mandated to “ignore the existence and social importance of race and other protected characteristics, or disparities and discrimination linked to those characteristics.” However, it does note that any programming or groups directed at community members of a certain characteristic must be open to the entire community, regardless of whether they share this identity.
According to Acampora’s email, reviews of all departments must be completed by Sept. 5.
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