The federal government issued a FAQ Feb. 28 outlining how it will enforce its order for educational institutions to eliminate race-based programs.

The U.S. Department of Education’s Office for Civil Rights, or OCR, issued the FAQ as a follow-up to its Feb. 14 “Dear Colleague” letter that gave all schools receiving federal funding — including public K-12 schools and higher education institutions — a Feb. 28 deadline to cease and eliminate any race-related programs. Northeastern’s “Navigating a New Political Landscape” FAQ, which was created to answer questions regarding how the Trump administration’s policies will impact the university community, does not address the recent orders.   

The Huntington News identified several programs at Northeastern that consider race, including several university-run campus centers and organizations like the Latinx Student Cultural Center and Black Athlete Caucus, as well as initiatives like the Summer Bridge Scholars and Russell Women in Science Leadership. 

The FAQ explains how the Department of Education plans to determine compliance, which includes assessing whether there was a departure from normal procedures in making a policy or decision, whether the school was aware of or could foresee the effect of a policy or decision on members of a particular race and whether there was a pattern regarding policies or decisions toward members of a particular race. 

The “Dear Colleague” letter that the FAQ is intended to clarify was the Trump administration’s interpretation of the Supreme Court’s 2023 Students for Fair Admissions v. Harvard ruling, in which the Court struck down race-based affirmative action in university admissions.  According to the FAQ, the Court applied “broad reasoning” to its decision, which has extensive implications for race-based policies in education generally. Notably, the FAQ says this prevents universities from considering a student’s race as a “stereotype or negative,” stating that it violates what is meant to be a “zero-sum” process.

Moreover, the FAQ says the use of third party contractors that use “prohibited uses of race” to circumvent the department’s orders is illegal. 

“A school may not engage in racial preferences by laundering those preferences through third parties,” the FAQ reads. It goes on to say that an institution offering education benefits or resources to students of a certain race will disadvantage other students, and “Likewise, schools may not administer or advertise scholarships, prizes, or other opportunities offered by third parties based on race.” 

The document lists examples of mentions of race at the university level that may create a “hostile environment” under Title VI. That includes “pressuring [students] to participate in protests” or “[taking] certain positions” on racially charged issues, investigating or sanctioning them for dissenting on racially charged issues through diversity, equity and inclusion, or DEI or “similar university offices” and assigning students coursework that requires them to identify by race and then complete tasks differentiated by race. The department argues that such activities violate the “separate but equal” clause that was rejected in the landmark 1954 Brown v. Board of Education ruling. 

In response to a question about whether schools can separate students by race if they treat all students equally, the FAQ reads, “Segregation is illegal.” 

“A school’s history and stated policy of using racial classifications and race-based policies to further DEI objectives, ‘equity,’ a racially-oriented vision of social justice, or similar goals will be probative in OCR’s analysis of the facts and circumstances of an individual case,” the Feb. 28 document reads. 

By Jan. 28, Northeastern rebranded its Office of Diversity, Equity and Inclusion to the “Office of Belonging” in response to a Jan. 21 executive order to eradicate “dangerous, demeaning, and immoral race- and sex-based preferences.” 

“We continue to review the directives coming from the new administration and evaluate potential impacts on the university and our community,” Northeastern Vice President for Communications Renata Nyul said in a statement to The News Feb. 26.