The University of Alaska Board of Regents says the university will continue the policy to ban references to “DEI,” or “diversity, equity and inclusion,” enacted last year, despite a federal court ruling that struck down the policy and the U.S. Department of Education agreeing to drop an appeal.

Jonathon Taylor, a spokesperson for the university, said even though the policy was struck down, “the direction of enforcement and potential risk has not gone away.”

Last year, the Trump administration issued a “Dear Colleague” letter to all pre-K through 12 schools, colleges and universities who receive federal funding outlining its opposition to diversity initiatives it called discriminatory, and threatened to withhold federal funds from schools if they had diversity or equity programs.

As a result, the board moved quickly to comply, approving a policy on Feb. 21, 2025 to scrub references to DEI and affirmative action from all university programs and operations, job titles and office names. At the time, Ralph Seekins, chair of the Board of Regents, defended the policy, saying the action to remove DEI language as committing to “equal opportunity” for everyone. 

Several education and civil rights groups filed lawsuits and a federal court blocked the directive in April. This week, a New Hampshire federal judge dismissed the case, following a January agreement by both parties and the Department of Education to drop its appeal. The ruling invalidates the directive, and prevents the government from enforcing it. Plaintiffs celebrated the court’s move, with some saying it was a victory for free speech and academic freedom.

Taylor confirmed that the UA Board of Regents had no immediate plans to change or rescind the policy for the University of Alaska.

“The Dear Colleague Letter from February 2025 has indeed been struck down by the courts, and the Department of Education has declined to appeal,” Taylor said by email. 

“However, the federal administration’s policy goals and concerns that led to the letter – including what they see as discriminatory DEI practices, and attempts to tie enforcement to federal funding – have not changed.

Federal agencies can still pursue similar goals through other legal or regulatory means and have demonstrated an intent to focus oversight or investigations on what they see as DEI-related policies and programs using mechanisms other than agency guidance (the original Dear Colleague letter),” he wrote.

Taylor said the board enacted the policy to mitigate risks of federal funding being withheld. He said the board has had to “balance their concern about the potential medium- and long-term regulatory and funding risks to which UA may be exposed with the University’s unchanging and unwavering commitment to equal access, equal opportunity, and no discrimination, as well as free speech, academic freedom, and freedom of expression.”

Taylor added that overall, UA has so far been effectively able to “weather the storm” of federal funding cuts, grant freezes and terminations. As of September, and most recently available data, UA had roughly $530 million in active federal grants. There has been $24.6 million, or 4.6% that have been delayed, frozen or terminated.

The item was not on the Board of Regents’ February meeting agenda, scheduled for two days this week in Dillingham, at the University of Fairbanks’ Bristol Bay campus.

But several university faculty weighed in during public comment to the board on Monday.

Jill Dumesnil, a professor of mathematics at the University of Southeast and president of the largest faculty union, United Academics, called on board members to create updated guidance following the ruling. 

“Many faculty are still experiencing a chilling effect on our campuses. Some fear retaliation or punishment for teaching or discussing DEI-related subject matter, others just feel uncomfortable, unsupported and unwelcome,” she said. 

“Teaching about race, racism, inequality and related issues, continues to be lawful, supporting students in a way that acknowledges racial or ethnic identities continues to be lawful,” she added. “Schools may continue operating programs that encourage diversity, equity and inclusion in accordance with existing law, and the Dear Colleague letter and the certification requirement cannot be enforced against educators or schools.” 

Michael Navarro, a professor of marine fisheries at the University of Alaska Southeast, and co-chair of the Belonging, Empowerment, Access, Representation and Safety Committee, known as UAS BEARS, made a plea to the board to rescind the anti-DEI motion. 

“As a direct result of this board decision, UAS has lost faculty and staff and some students question the university’s commitment to their success and safety on campus,” he said. 

“Despite the anti-DEI motions, reaffirmation towards maintaining a welcoming environment and honoring Alaska Native culture and heritage, after this motion, many people now feel less welcome or even unwelcome, and are not testifying today because they don’t feel safe to do so.”

Taylor, with the university, said as of now the board does not have plans to take up the issue but continually accepts written comments from the public. “The Board continues to receive testimony both in support of and in opposition to last year’s motion, and takes that feedback into consideration when setting meeting agendas,” he said.

To date, the University of Alaska Fairbanks has taken the hardest hit with federal funding cutbacks — of the $24.6 million in grants delayed, frozen or terminated, approximately $20 million has been at UAF, including $8.8 million terminated for funded programs for Alaska Native and Native Hawaiian students last year. The Trump administration has terminated $4 million in grant funding at the University of Alaska Anchorage, Taylor confirmed, and no federal grant funding has been frozen at the University of Alaska Southeast.

• Corinne Smith started reporting in Alaska in 2020, serving as a radio reporter for several local stations across the state including in Petersburg, Haines, Homer and Dillingham. She spent two summers covering the Bristol Bay fishing season. Originally from Oakland, California, she got her start as a reporter, then morning show producer, at KPFA Radio in Berkeley. Alaska Beacon is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.