Legal Updates

A: The Supreme Court held that race cannot be considered in the admissions process. The Court further cautioned Universities from doing indirectly what could not be done directly (i.e., consideration of race through the use of “proxies” – otherwise racially neutral criteria, such as socioeconomic status and geographic region).

A: On April 24, 2025, a federal court in Maryland issued a ruling that effectively postponed the effective date of the Dear Colleague Letter until such time as an underlying legal action questioning its enforceability is resolved. The university is closely monitoring the procedural status of this and other federal directives and guidance to ensure up-to-date information.

A: In the Dear Colleague Letter, the Department of Education’s Office for Civil Rights states that, in addition to admissions decisions, federal law prohibits the use of race in decisions pertaining to: hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic and campus life. It also expressly prohibits the use of non-racial information (for example, socioeconomic status or geographic location) as a proxy for race. 

A: The FAQs serve as the promised “additional guidance” in the Dear Colleague Letter. The FAQs note that institutions cannot have policies, programs, etc. that treat students differently based on race, engage in racial stereotyping or create hostile environments for students of particular races.

A: The Dear Colleague Letter, and the associated FAQs, give the university guidance on how the Department of Education’s Office for Civil Rights will interpret the law that they enforce. As such, the university will follow the guidance issued by its enforcement agency.

A: An institution that fails to comply faces loss of federal funding.

A: The law prohibits, amongst other things, public colleges and universities in the Commonwealth of Kentucky, including the University of Louisville, from providing differential treatment or benefits to an individual on the basis of that individual’s religion, race, sex, color or national origin.

A: HB4 is broad in scope and applies to many areas of the university’s operations, including but not limited to, employment processes (i.e., hiring, promotion, discipline, etc.), contracts (i.e., preferential treatment for consideration of vendors on the basis of a protected class, such as minority-owned businesses) and student processes (i.e. recruitment, admissions, scholarships, financial aid, discipline, housing, graduations, etc.).

A: No. The university cannot make decisions on, or compel, solicit or consider an applicant’s race, color, national origin, sex or religion. Scholarships that require selection based on impermissible criteria must be reviewed with the Office of Advancement.

A: HB4 prohibits the expenditure of resources [e.g., university funds, regardless of source (i.e., general appropriations, donor gifts, etc.); physical resources like space; digital resources like social media; and volunteers] on:

• the establishment or maintenance of a “DEI office”
• the employment or contract with an individual serving as “DEI officer”
• “DEI training,” (including contributing to such training through planning, promotion, hosting, traveling to, attending, presenting or otherwise participating in such training)
• the establishment or maintenance of a “DEI initiative,”
• a requirement or incentive for students or employees to attend a “DEI training.”

Those terms are specifically defined in HB4, and should be reviewed carefully for compliance. 

A: The university values all of its employees, and acknowledges that there are employees whose roles are affected by HB4 and whose duties will change to ensure compliance. The university is taking reasonable steps to ensure all individuals whose role is affected by HB4 remain employed. The university has established a workgroup made up of key stakeholders within the institution to perform a position analysis of those jobs whose functions include a diversity, equity and inclusion component. This workgroup will review position titles and job descriptions/duties to ensure compliance, and will make recommendations as necessary to leadership for final approval.  

A: HB4 recognizes certain limited exceptions that must be evaluated in consultation with the Office of University Counsel. Those exceptions include, but are not limited to:

• First Amendment rights
• Academic courses or instruction
• Academic freedom
• Programs required for institutional accreditation
• Activities, programs, and initiatives for:
  • Military veterans
  • Pell-grant recipients
  • First-generation college students
  • Low-income students
  • Nontraditional students
  • Transfer students from the Kentucky Community and Technical College System
  • Students with unique abilities
     

A: The law includes academic courses/instruction and academic freedom as exceptions to its prohibitions. The university values the academic freedom of its teachers in research, publication, academic evaluation and classroom expression. It remains true, as stated in The Redbook, that teachers must distinguish between personal and professional judgments and between fact and opinion. Acknowledging the right to express differing opinions is critical to academic freedom. More on the university’s commitment can be found here. Questions regarding the intersect of academic freedom and the prohibitions of HB4 should be directed to the Office of the Executive Vice President and University Provost. 

A: HB4 requires the university to adopt a policy prohibiting discrimination on the basis of an individual’s political or social viewpoint. The university is currently developing the required policy, and will publish it in the student and faculty handbooks and on the university’s website.

A: The university must be compliant with HB4 by no later than June 30, 2025. An institution that fails to comply faces potential civil action from Kentucky’s Attorney General. 

A: If you need additional guidance, or have questions about a specific policy, event, program, initiative or activity, please email the Office of University Counsel. The office will work with appropriate administrators to provide a response. 

A: Due to ongoing changes in federal immigration policy, the current situation with respect to travel into the United States by non-citizens has become more uncertain. The federal government is expected to issue a travel ban impacting citizens from at least 42 countries. It is important to note that all non-citizens, including nonimmigrant visa holders and permanent residents, may face increased scrutiny when entering the United States, regardless of whether their country is on the list. Individuals are encouraged to use caution in traveling internationally pending further action by the federal government. More information on international travel can be found here.

A: The university’s International Center has been actively monitoring this evolving situation and provides regular online briefings to keep international students updated with factual information. Students who have been impacted by the Student and Exchange Visitor Information System (SEVIS) terminations and visa revocations have been contacted by the International Center and UofL’s Immigration Center to offer support services. International students with questions related to the SEVIS terminations and visa revocations should contact the International Center.   

A: Members of the University community who are approached by an ICE or Homeland Security agent on campus should refer to the university’s previously issued guidance, which can be found here.

A: The current executive orders may affect your sponsored research by termination or reduction to your award/s by the federal agency, and/or reducing or eliminating university resources due to reduction in indirect costs and/or extended time to award due to pauses in review by federal agencies. Additional review for international research and data privacy use is required under executive orders, and you will need to reach out to the Privacy Officer to ensure proper handling of any data transfers. When submitting proposals to federal agencies, please continue to review the notice of funding opportunity to ensure any changes or termination have been identified before submission. If you receive any communication from a funding agency regarding a proposal or award, please notify the Office of Sponsored Programs Administration as soon as possible.  

Orders steps to facilitate the closure of the Department of Education and return authority over education to the States and local communities.

Read Executive Order 14242.

Rescinds all DEI practices and programs across executive departments, revokes related executive actions and directs agencies to end DEI initiatives in the private sector.

Read Executive Order 14173.

Directs the termination of all discriminatory programs, including DEI and DEIA mandates and revises federal employment practices to reward individual initiative and performance.

Read Executive Order 14151.

Suspends the U.S. Refugee Admissions Program (USRAP) as of January 27, 2025, with case-by-case admissions possible. The Secretary of State will report every 90 days on resuming USRAP. It also rescinds Executive Order 14013.

Read Executive Order 14163.

Enforces deportation, prioritizes prosecution of unauthorized entry, creates detention facilities, forms HSTFs, limits sanctuary jurisdictions' funding, and restricts public benefits for undocumented individuals.

Read Executive Order 14159.

Increases vetting and screening for visa applicants and those in the U.S., identifies countries with security risks and reviews actions of recent entrants.

Read Executive Order 14161.

Aims to take a proactive and forceful approach to combating antisemitism, particularly on college campuses, by utilizing legal tools, reporting mechanisms, and focusing on the potential inadmissibility of foreign students and staff under certain circumstances.

Read Executive Order 14188.

Recognizes two sexes, male and female, and directs agencies to use "sex" instead of "gender" in federal policies and documents.

Read Executive Order 14168.

Orders that the U.S. will protect female athletic opportunities and locker rooms, ensuring Title IX compliance, and rescind financial support for programs categorizing female athletes by identity, not sex.

Read Executive Order 14201.

Requires the Secretary of Education to hold accreditors accountable who fail to meet the applicable recognition criteria or otherwise violate Federal law, including by requiring accreditation seeking institutions to engage in diversity, equity, and inclusion practices through denial, monitoring, suspension, or termination of accreditation recognition.

Read Executive Order 14279.

Requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding.

Read Executive Order 14282.

Directs the use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws.

Read Executive Order 14281.

Orders the Attorney General to publish a list of states and local jurisdictions that obstruct the enforcement of federal immigration laws (sanctuary jurisdictions).

Read Executive Order 14287.

Strengthens oversight and restrictions on gain-of-function and high-risk life science research, both federally and non-federally funded, with specific actions and deadlines for the director of OSTP and relevant agencies.

Read the Executive Order.