The American Association of University Professors is warning college and university lawyers not to provide the U.S. Education Department’s Office for Civil Rights the names and nationalities of students or faculty involved in alleged Title VI violations.
The AAUP’s letter comes after The Washington Post reported last week that Education Department higher-ups directed OCR attorneys investigating universities’ responses to reports of antisemitism to “collect the names and nationalities of students who might have harassed Jewish students or faculty.” The department didn’t respond to Inside Higher Ed’s requests for comment Thursday.
In a 13-page Wednesday letter to college and university general counsels’ offices, four law professors serving as AAUP counsel wrote that higher education institutions “are under no legal compulsion to comply.” The AAUP counsel further urged them “not to comply, given the serious risks and harms of doing so”—noting that the Trump administration is revoking visas and detaining noncitizens over “students’ and faculty members’ speech and expressive activities.” The administration has targeted international students and other scholars suspected of participating in pro-Palestinian advocacy.
Title VI of the federal Civil Rights Act of 1964 prohibits discrimination based on, among other things, shared ancestry, which includes antisemitism. But the AAUP counsel wrote that “Title VI does not require higher education institutions to provide the personally identifiable information of individual students or faculty members so that the administration can carry out further deportations.”
And Title VI investigations, they wrote, “are not intended to determine whether the students and faculty who attend these schools have violated any civil rights laws, let alone discipline or punish students or faculty.” They wrote that investigations are instead “intended to determine whether the institution itself has discriminated.”
Providing this information to the federal government may violate the First Amendment rights of those targeted, plus the Family Educational Rights and Privacy Act and state laws, they wrote, adding that this information shouldn’t be turned over without “clear justification for the release of specific information related to a legitimate purpose in the context of a particular active investigation.”
