Mnookin, Isbell: Amid uncertainty, a commitment to our mission

The following message was emailed to all students, faculty and staff on Feb. 28 from Chancellor Jennifer L. Mnookin and Provost Charles Isbell Jr.

Dear Badger Community,

We write to provide some updates on recent activity at the federal level and ways we, along with other UW–Madison leaders, continue to assess the implications of these actions and respond across multiple levels.

As you know, the federal government continues to issue Executive Orders and related agency actions and directives with speed and breadth. Some of them have the potential to disrupt our activities and our operations in significant ways. A recent example is an Executive Order that was issued late Wednesday that asks the head of each federal agency to, in the next 30 days, review and potentially terminate funds disbursed under covered contracts and grants in order to reduce overall federal spending. The Executive Order specifically prioritizes examining contracts with and grants to educational institutions. One of the first Executive Orders also tied funding to ceasing DEI activities and “environmental justice” research, neither of which were defined; a Maryland court has granted a preliminary injunction against that executive order.

As these federal orders, actions, and directives continue to roll out, some of them create deep concern for and potential conflict with our long-held values like evidence-based research, academic freedom, pluralism, diversity of identity and viewpoint, support for our community and nondiscrimination, among others. These have been, and remain, core values for our mission and our institution. We are living in precarious and uncertain times and recognize the toll that this uncertainty takes. We offer our deepest appreciation to everyone for your continuing focus on our mission.

Federal funding and indirect payments

A temporary restraining order continues to be in place in the legal action related to NIH and the proposed 15% funding cap on indirect payments, which would have a major deleterious impact on our research enterprise. UW–Madison contributed to the 22-state lawsuit that sought that order.

As you are likely aware, there are ongoing cuts and cancellations at several funding agencies, most notably, NOAA, USAID, USDA and the Department of Education, as well as personnel reductions at NSF and NIH, and other agencies. These actions could not only result in contract cancellations that could impact UW–Madison’s ability to propose new research and carry out existing projects but also pose significant risk to our nation’s historic strength in scientific research.

Even though a number of these actions have been stayed by the courts, the range of proposed changes and impacts is widespread and will likely result in federal funding reductions. In addition, it is possible that Congress could implement a cap on indirect expenses or make other cuts that impact higher education through the budget reconciliation process or otherwise.

We are conducting financial modeling to understand the range of potential impacts on our campus and will provide additional guidance to the community as we have concrete information and related action steps

Dear Colleague Letter

On Friday, Feb. 14, the Department of Education’s Office of Civil Rights (OCR) issued what is known as a “Dear Colleague Letter” outlining a framework and broad set of university operational aspects that the new administration considers improper under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the United States Constitution, and “other relevant authorities.”

In part, the OCR letter reads:

“The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice or equity is illegal under controlling Supreme Court precedent. … Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic and campus life.”

The directive indicated that further guidance would be provided but did not give a timeline for when that guidance would be made available. It did, however, indicate that enforcement of its directives could begin within 14 days of the letter’s issuance, sometime after Feb. 28. The Association of Public and Land Grant Universities (APLU), of which UW–Madison is a member, led an effort to request additional guidance from the Department of Education in a letter sent Friday, Feb, 21, and ACE and other higher education organizations have asked for it to be rescinded. Additionally, a lawsuit filed February 25 in federal court seeks a preliminary injunction preventing the enforcement of the letter and a declaration that the DCL is “unlawful and unconstitutional.”

We have charged a workgroup to assess our existing operations and make recommendations about what potential adjustments, modifications and changes may be needed in response to the “Dear Colleague” letter. We recognize that we are all operating with incomplete information, not least because the letter’s directives are not clear, and that there are substantial and legitimate questions about the legal basis for such an expansive interpretation of either existing civil rights law or the 2023 Students for Fair Admissions Supreme Court decision. In the wake of that 2023 decision, numerous changes were made to various campus processes, programs and activities, and review has continued over the past year. Therefore, while we do have an indisputable responsibility to comply with the law, until we have greater clarity, the workgroup is focusing not on this letter’s tremendously expansive framework, but rather on further assessing our current activities under existing law. We expect to update any affected campus units next week about required changes or adjustments.

Federal immigration enforcement

There has been no unusual federal immigration enforcement activity in or near Madison in the last several weeks. Regardless, we know that members of our community are concerned. There is information on the Office of Legal Affairs website about what is allowed with regard to activities by federal agencies and how community members should respond. In short, unless a valid search warrant is presented, federal agents may not enter private living quarters nor lecture halls, classrooms, conference or meeting rooms that are in use.

Community members should contact the Office of Legal Affairs at (608) 263-7400 in the event of any non-routine request for information or site visit by federal agencies. That line is answered 24 hours a day, seven days a week.

Looking ahead

As guidance is issued and clarified, we are taking the necessary time to evaluate the rules and to endeavor to respond carefully and thoughtfully. To assist with this effort, we have a team of experts here and in Washington, D.C. tracking and assessing relevant changes to keep up with the shifting landscape and ensuring that we are effectively responding to incoming orders and directives. We are connected to associations like AAU, APLU, the Big Ten and others, and we are closely monitoring the actions of our peers. We will continue to post updates, including answers to common questions, on our Federal Relations website. You may also email your questions to universityrelations@mailplus.wisc.edu.

As we respond to these directives and challenges, we are, and will continue to be, guided by our commitment to our mission of excellence in teaching, research and service as well as to our commitment to the values that help support that excellence. These include the recognition that diversity – both diversity of identity and intellectual diversity – makes us stronger; our deep and abiding commitment to academic freedom; and the belief that we have a shared responsibility to support all members of our community to reach their full potential. The Wisconsin Idea remains our north star. We will continue to bring knowledge, discovery and inspiration to all corners of Wisconsin and beyond.

Chancellor Jennifer L. Mnookin

Provost Charles Isbell Jr.