Dear Colleagues:

During the past month, we received a solid dose of the fast-moving regulatory action we are likely to see from the Biden Administration over the next two years.

In the past week alone, the Department of Education published a resource sheet on athletics and Title IX that does not break new ground but reinforces institutional responsibilities for guaranteeing equitable resources to men and women in college athletics. We also saw a new request for information on the Trump-era regulations on free inquiry on college campuses. The request focuses on  private institutions’ compliance with their stated policies and procedures on free speech and free inquiry. Both matters are discussed in more detail below.

These most recent developments come on top of two other inquiries since January on how to evaluate the financial value of postsecondary programs and how to regulate third party servicers, including OPMs.
The issues the Education Department are taking on are multi-faceted with deep implications for campuses and students. Most of the proposals from the Education Department also seek comment within 30-days, not enough time for us to turn around thoughtful and thorough analysis without your input. It is therefore very important that when we do reach out on various issues you have someone on campus who can reply to requests for feedback.  As those of you who attended the Annual Meeting know, this is only the tip of the regulatory agenda we expect to see in the coming year.

Regardless of political party, we typically have a deep working relationship with the policymakers on the ground in the Administration. We use these relationships to advocate for the best possible outcome for our sector, and when need be, individual institutions. With your partnership, we can work together to ensure the new regulations formulated over the coming year will be as supportive as possible of our missions and our institutions.

Also of note, the Senate has announced its congressionally directed spending (formerly known as earmarks) process for this year.  With last year’s appropriations bill providing more than $1.7 billion for 800 higher-education-related projects at 550 institutions, I know many of you will be interested in the story below on this year’s process.

SOUNDBITES

• The Department of Education released two new resources reminding colleges and universities of their Title IX obligations regarding equal opportunity in athletics. The first guidance document is a brief fact sheet for all educational institutions, while the second document is targeted at colleges and universities; it provides new examples of potentially discriminatory practices but largely reiterate previous guidance.
• Many of you recently received an invitation from Doug Lederman at Inside Higher Ed to complete their 2023 Survey of College and University Presidents. This is an important annual survey that often supplies valuable insights into the challenges that many of you face, and that lie ahead for 2023 and beyond. The survey is designed to gauge campus chief executives’ views on how their institutions are faring right now, public attitudes about higher education, race relations on campus, and related topics. If you have already completed the survey, I thank you for adding your input. Please check your in-box for messages with the subject line: Inside Higher Ed's Annual President's Survey. If you haven't received these emails and would like to participate, contact Doug at doug.lederman@insidehighered.com, and he can make sure Hanover Research adds you to the list.