Response to Acting Assistant Secretary Craig Trainor’s Misinterpretation of Students for Fair Admissions v. Harvard (SFFA)

The OCR Alumni Collective led a response, signed by over 70 former OCR career employees, to Acting Assistant Secretary’s February 14, 2025, Dear Colleague Letter (DCL). This DCL took too expansive an interpretation of SFFA. Specifically, the Collective’s response explains how SFFA is limited to “whether a university may make admissions decisions that turn on an applicant’s race” and does not apply to a host of other school practices, including (1) affirmative recruitment for admissions and hiring designed to increase the pool of qualified candidates; (2) affinity groups and themed housing which have a focus on a particular group or identity and are open to all students; (3) academic support and other retention programs or policies that focus on the experience and barriers most often faced by students from specific groups but are available to all students; and (4) classes and courses examining the role of discrimination in American history. Additionally, SFFA continues to laud the values of diversity and permits race to be considered to the extent it impacts an individual student’s lived experiences. Finally, the response explains how the DCL’s attack on race-neutral means is inconsistent with well-established policies and case law.