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Vincent Bocchinfuso's avatar

This is excellent work — both as a how‑to for open‑source sleuthing and as a snapshot of how fast universities pivot when the legal and political wind shifts. The “weathervane” line at the end is earned.

What struck me reading it from the higher‑ed/policy side is that you’re very close to a deeper diagnosis you only gesture at in the last few paragraphs.

You document three important facts:

Institutions loudly wrote DEI preferences and even numerical targets into public‑facing policies when the cultural moment rewarded it.

The Supreme Court, state legislatures, and federal enforcement posture changed.

The same institutions are now quietly scrubbing or renaming without ever admitting error.

That’s not just hypocrisy; it’s a system doing exactly what it has been wired to do. The public pages you’re surfacing were never just “policies” — they were narrative artifacts. In 2020–21, posting “antiracist cluster hire with minimum percentage of underrepresented faculty” wasn’t simply about HR; it was a way of purchasing status in a moral economy: accreditors, foundations, elite media, and the internal activist‑administrative class all treated that language as proof of virtue. Now the legal and political incentives have inverted, and the same sentences function as evidence in a lawsuit. So the copy changes while the underlying reflex — align with the dominant story and minimize current risk — stays exactly the same.

That’s why your “these are not institutions with convictions, these are institutions with weathervanes” line lands, but also why it’s almost too generous. It implies a kind of whimsical weakness of character. What your own reporting actually shows is something more structural and harder to fix: once an institution defines its public identity in terms of a moralized narrative (oppressor/oppressed, “antiracism” as a litmus test, etc.), its leaders will reliably sacrifice consistency and legal clarity to stay inside that narrative, right up until a counter‑vailing power (courts, regulators, funders) forces them to reverse. The reversal is rarely principled either. It’s just a new risk calculation.

The other dot your piece helps connect, but doesn’t fully spell out, is the two‑audience problem. The scrubbing you describe mostly affects the external audience — courts, agencies, parents, journalists. The internal audience — DEI staff, activist faculty, accreditor culture, HR training vendors — still lives inside the 2020–21 worldview. For them, the “quiet edits” are a regrettable legal accommodation, not a change in mission. That’s why you can have a central HR page cleaned up while nearly identical language survives in subdomains, PDFs, departmental bylaws, and informal hiring rubrics. The ideology doesn’t disappear with the text; it adapts and goes private.

That has big implications for the reform‑minded readers you’re writing for. Screenshots and Wayback captures are crucial, but they’re the symptoms. The causal chain runs something like:

A particular theory of justice (history as structural oppression, “equity” as outcome balancing) becomes dominant in elite culture.

Universities adopt its vocabulary to signal virtue and to compete for status, money, and protection.

That vocabulary gets written into policies and websites because metrics and targets are how bureaucracies prove commitment.

Law and politics shift; the same text now looks like a confession.

Leadership scrubs the most egregious language, rebrands offices, and hopes no one asks what replaced the old doctrine.

You’ve documented steps 3–5 beautifully. I’d love to see more pieces from you that interrogate steps 1–2: not just “what did they say on the page?” but “what theory of the world made them think it was morally necessary to say it?” Until that’s surfaced and argued with honestly, we’ll keep getting better‑drafted versions of the same commitments, just with more careful lawyerly euphemisms.

Last thing: your practical advice section is gold. The search strings, the PDF angle, the Wayback comparisons — that’s the kind of concrete method most academics and parents have no idea how to use. It might be worth a follow‑up that pairs those tools with interview questions or governance actions: “once you’ve found X on your campus, here’s how to bring it up in a way that forces the institution to choose between its public narrative and its legal obligations.”

In any case, this is one of the clearest pieces I’ve seen that shows how quickly the story flipped from “antiracist forever” to “we never said that.” You’ve got the receipts. The next step is exactly what you’re inching toward: explaining the operating system that produced them.

Rick Addante, PhD's avatar

Consider updating this post with clear step by step instructions for people to file EEOC claims if their university/employer could be illegally discriminating on them by having maintained the illegal DEI practices. Remind them tonsave and acreen capture or print screen evidence, and that there are strict filing deadlines so file asap. Accordingly, if they have knowledge or evidence that the university has accepted any federal funds (grants, but also student financial aid via Title IV funds), then that could also constitute evidemce of fraud, and thus provide step by step links to filing as such to dept pf ed, treasury, doj new fraud division, and jd vance White House fraud commission. Again, save all files and evidence- especially faculty emails of others in their univ indicating intent to subvert and rebrand and covertly non comply

Brian Smith's avatar

Of course the university had explicit hiring quotas by race.

We need to recognize some legal context. Any university that has significant contracts with the Federal government (probably mostly research, but also possibly consulting, or cooperation operating facilities) is required by federal regulation (40-CFR Chapter 60) to have an Affirmative Action Plan, with specific hiring goals for every category of employment, covering Black, White, Asian/Pacific Islanders, American Natives, and Hispanic, and both men and women in each category. The Trump administration is working to eliminate these regulatory requirements, but they are still in effect, and likely to be reinstated by the next Democratic administration if the requirements are eliminated. Many organizations not required to have Affirmative Action Plans probably have them as a way of protecting against discrimination claims. Such Affirmative Action Plans have been found legal by courts, for private employers without government ties as well as for government contractors.

Even if the regulatory requirements are permanently eliminated, and even if some new law or regulation makes hiring goals illegal, there is abundant case law that hiring practices or standards that have "disparate impact" on any protected group constitute illegal discrimination, and employers can be sued by disappointed applicants. One of the reasons for Affirmative Action in its current form is that employers couldn't have any hiring practices or standards that didn't potentially have disparate impact. Affirmative Action Plans will almost certainly continue unless they are made explicitly illegal, and some other means of protection against "disparate impact claims becomes available.

If this situation outrages you, then by all means be outraged. If you want some change, you need to think through the larger implications, and come up with some alternative policy that would work for everyone involved.

Don Taylor's avatar

My recent book walks thru my experience including mistakes I made https://a.co/d/0frfU0RV

I think you over interpret SFFA decision beyond admissions. I’ll write up what I mean