Over the past week, the College has received numerous questions from the Kenyon community related to the recent executive orders and the now-rescinded spending freeze issued by the new federal administration. We understand that these actions can be confusing, and want to make sure that everyone has access to the information available.
We interviewed Vice President and General Counsel Jackie Holmes, the College’s in-house legal expert, to try to better understand the current legal and regulatory landscape. Circumstances are changing quickly, so please look for updates as new information becomes available.
Jump to a section:
- Context and Resources
- Federal Funding and Student Aid
- Free Expression
- Immigration
- Inclusive Excellence
- International Students and Other Visa Holders
- Title IX and Gender-Related Policies
Context and Resources
Q: Help us put this moment into context.
The first thing to know is that there is a lot we don’t know, and what we believe based on the text of the orders can change. It is not unusual for new presidential administrations to issue many executive orders, and it takes time for agencies, and sometimes the courts, to interpret them. It is understandable to want clear answers, but on a lot of matters we simply don’t have those answers right now. What we can do is provide the most up-to-date factual information that we have, and add to or change that information as we learn more.
Q: Where can people get more information?
We recognize that this is a tumultuous time, and we want to help our community make sense of the information where we can. My door is always open, and so are the doors of many other people and offices on campus. These include the Center for Global Engagement, the Office of Diversity, Equity and Inclusion, the College Chaplains, the Office for Civil Rights, the Cox Health and Counseling Center, and the Office of Campus Safety.
Federal Funding and Student Aid
Q: What can you tell us about the now-rescinded freeze on federal financial assistance?
This is an example of situations changing quickly. A memo issued on Monday, Jan. 27, by the White House’s Office of Management and Budget (OMB) directed federal agencies to pause the disbursement of certain types of federal financial assistance; it was rescinded on Wednesday, Jan. 29. In between, there was understandably a lot of concern and uncertainty. Various federal agencies issued clarifications throughout the day, and a legal challenge was filed that resulted in key parts of the directive being put on hold by a federal judge. We are tracking all of this closely.
Q: Would the freeze have applied to student financial aid?
The spending freeze was rescinded — but, even if it hadn’t been, the Department of Education confirmed that it would not have affected “assistance received directly by individuals,” such as student Pell Grants and federal student loans.
Q: Does the College receive any federal funding for faculty and/or student research that would be jeopardized by a freeze?
A number of faculty research projects do receive federal support, and before the spending freeze was rescinded we worked to try to understand the implications for Kenyon. Our goal is always to minimize disruption, and we would do our best to do that if there was an interruption in federal funding as well.
Free Expression
Q: Are there new limits on free expression?
There are not. Kenyon is an educational institution, and our mission depends on the free exchange of ideas. We have always been clear that this freedom does not extend to expression that creates an intimidating, hostile or offensive learning or work environment for any member of our community, as described in our Civil Rights Policy and consistent with federal laws. Antisemitism, Islamophobia, and discrimination or harassment of any kind are not tolerated on Kenyon’s campus and run counter to our values.
Q: What about international students who participate in certain activities and protests?
An executive order issued on Jan. 29 directs several agencies, including the Department of Education, to confer and recommend to the president of the United States ways in which the federal government might educate colleges and universities regarding certain legal grounds for inadmissibility to the United States. Those recommendations are to be provided in a couple of months. Once we have that detail, we will be better able to assess the implications for our community, if any.
The First Amendment protects the right to engage in peaceful protests or discussions about any topic. That protection extends to both U.S. citizens and individuals here on student or work visas. A student's membership in a particular student organization, or participation in any particular activity on campus, is protected from disclosure under federal privacy laws governing student records (FERPA). We cannot disclose that information without a valid subpoena or court order.
Relevant executive orders:
Immigration
Q: What would we do if ICE came to campus?
For any outside law enforcement agency that comes to campus, we first verify that there is a legitimate, lawful request supported by appropriate documentation. In that case, we would respond as required by law. We take very seriously our legal obligations regarding student privacy and the protection of students’ educational records, as required by the federal Family Educational Rights and Privacy Act (FERPA). Please refer any inquiries to Campus Safety or to me.
Q: Would the College ever release student records?
The Family Educational Rights and Privacy Act (FERPA) is a federal law that generally prohibits the release of information from a student’s records. Bound by FERPA, the College does not release information about students to anyone unless required by a valid subpoena or court order (or with a student’s consent). More information about the records protected by that law, the circumstances under which they can be released, and the process for amending inaccurate or misleading records can be found on Kenyon's website.
Relevant executive orders:
Inclusive Excellence
Q: Are diversity and inclusion initiatives at Kenyon threatened?
We do not yet fully understand the scope of the presidential executive orders regarding diversity programs, nor the bill pending in the Ohio legislature. An executive order issued on Jan. 21 charges several federal agencies, including the Department of Education, to develop guidelines to implement the order, and sets a May deadline for those guidelines. When we see those, we will better understand the order’s implications.
That said, diversity of viewpoints and lived experiences is essential to an excellent liberal arts education. We are committed to seeking diverse talents, interests, and viewpoints in our student body, and we fully comply with all non-discrimination laws governing college admissions and other activities. We also are committed to student success, and to ensuring that all Kenyon students have access to the opportunities and resources needed to thrive, including a sense of belonging. Student success is our core business and our promise, and we will continue to deliver on that promise in ways that are consistent with our values. Our programs are student-centered, and every student is encouraged to take advantage of them from the moment they arrive on campus.
It’s worth noting, too, that the executive order does not prohibit faculty from “advocating for, endorsing or promoting” equity and inclusion, nor does it prohibit speech protected by the First Amendment.
Relevant executive orders and Ohio legislation:
- On diversity programs
- Ohio Senate Bill 1 (pending)
International Students and Other Visa Holders
Q: How do increased visa restrictions and vetting impact international students?
We are proud to have members of the Kenyon community from all over the world. An executive order issued on Jan. 20 has directed agencies to re-examine, and may tighten, the vetting and screening process for anyone applying for a visa, including students who wish to study in the United States and faculty and staff who wish to work here. Over the next 60 days, a list of countries considered to have deficient vetting procedures will be compiled by federal agencies, and visas may be denied to people from those countries. We are following these activities closely.
The order also asks several agencies to recommend additional actions the president of the United States may take to protect the nation from various threats, including threats of violence or foreign terrorism. We are following this closely. We will review these recommendations when they are made public and assess whether and to what extent they have implications for our community.
Relevant executive orders:
Title IX and Gender-Related Policies
Q: Do trans and non-binary students have Title IX protections?
The Biden administration interpreted the definition of Title IX to prohibit discrimination based on gender identity. In January, a federal judge struck down that effort. Kenyon’s Civil Rights Policy prohibits discrimination in its educational programs and activities, including discrimination based on gender, gender identity, gender expression, sexual orientation or any other protected characteristic.
Further, and this cannot be said strongly enough, all Kenyon students, faculty and staff — whatever their backgrounds or identities — are valued members of this community. At this moment, this is an especially important message for our transgender and non-binary students and colleagues. We ask that everyone in the community treat others with kindness and respect, and in accordance with our institution’s values.
Q: How is Kenyon responding to Ohio’s new bathroom restrictions?
Since SB104 was signed into law, the College has been working to understand the implications for our campus and how to minimize the impact on our community. That work is still ongoing. We expect to be able to share plans in mid-February.
To inform our decisions, we have spoken with faculty, staff, students, parents and trustees, weighing heavily the input of those who may be most directly affected by the legislation. We have met with Kenyon’s LGBTQ advisory committee and members of relevant student organizations. Our priority remains ensuring that all members of our community, especially our transgender and non-binary students, faculty and staff, feel safe and valued on campus.
Relevant executive orders and Ohio legislation:
- On legal recognition of transgender people (including on identification documents like passports)
- On gender-affirming care for transgender youth (up to 19) nationwide