DOJ to review staff texts, emails after faculty praise of GMU president

Washington Post

4 days ago

In a move critics say shows a new and deeper level of scrutiny into a college's operations, the Justice Department sent a letter to George Mason University saying it planned to review a Faculty Senate resolution that praised the school's president, Gregory Washington, who has come under scrutiny from the Trump administration over his diversity, equity and inclusion policies.
The Justice Department letter singled out a line from the resolution — which was stated as a fact, not as a policy supported by the faculty — that referred to a 2022 university goal to achieve 'faculty and staff demographics that mirror student demographics.'
'This statement is concerning as it indicates the GMU Faculty Senate is praising President Washington for engaging in race- or sex-motivated hiring decisions to achieve specific demographic outcomes among faculty and staff,' read the Friday letter, obtained by The Washington Post, from Assistant Attorney General Harmeet K. Dhillon to the head of the board and the board's lawyer.
She warned the school's board in the letter that those alleged hiring practices are unlawful and could result in 'extensive' fines for the university. She asked the head of George Mason's Board of Visitors to take steps to preserve 'all written communications (including emails, texts, voice mails and other forms of electronic communications) between any Faculty Senate members or between Faculty Senate members and President Washington or any members of his Office's staff.'
The letter comes as the Trump administration is conducting four investigations, which were announced in the span of four weeks, into Virginia's largest public university over its DEI practices and its alleged failure to combat antisemitism on campus, including into its alleged consideration of race in the hiring and promotion of some faculty members. Some at GMU see the growing number of investigations as an effort to oust Washington, the school's first Black president, following the resignation of University of Virginia President James E. Ryan, who left his post last month amid mounting pressure from the Justice Department.
Faculty senates — representative bodies of a university's faculty that meet to discuss and opine on a college's operations — often pass resolutions supporting or criticizing policies of university leaders. But it is rare for a presidential administration to weigh in on faculty senate operations in this way. The letter landed as the Trump administration continues efforts to reshape higher education by launching investigations and threatening federal funding cuts to achieve its policy goals. Last week, Columbia University agreed to a resolution with the administration, paying more than $200 million to settle discrimination claims, including over alleged antisemitism.
'This is a piece of a larger pattern from the administration essentially looking for provocations on campus,' said Frederick Hess, director of education policy studies at the American Enterprise Institute, a conservative think tank. 'Instead of seeking a way to defuse it and seek common ground, it looks like the GMU Faculty Senate opted to double down, and DOJ is firing back.'
Hess said that, while he could not recall a similar letter being sent elsewhere, it's possible the Trump administration could have done so without public knowledge.
The Justice Department declined to comment beyond the letter.
Torridon Law, the firm representing the GMU board, referred questions to a July 25 Board of Visitors statement in which the body said it would comply fully with the Departments of Education and Justice.
The Northern Virginia university, which began as a commuter school and now boasts some 40,000 students, has an acceptance rate of about 90 percent. Its Antonin Scalia Law School and its economics program are known as some of the most conservative in their respective fields, and a number of its current and former board members have worked at or have connections with the Heritage Foundation, the organization behind Project 2025. As president, Washington created an anti-racism task force in 2020 and has praised some DEI programs. He has since defended his policies and said the school was meeting requirements of federal mandates.
Some supporters of Washington, including George Mason faculty members, denounced the Justice Department's letter, saying the department took the resolution out of context and was attacking free speech. The resolution was passed a day before department officials sent the letter.
Virginia Senate Majority Leader Scott A. Surovell (D-Fairfax) said in a statement that, while 'conservatives have been demanding academic freedom for years,' it now appears that they are acting as 'thought police' and trying to 'flex control over our Virginia educational crown jewels.'
Faculty Senate President Solon Simmons said in an interview with The Post that he hoped the letter was not an attempt to silence faculty members — a worry he said he has heard from some professors — and was merely the result of a misunderstanding of the faculty's role in setting policies.
'We have no institutional force in the university beyond our moral suasion,' he said. 'They are letting us know they are paying attention, and we are taking it very seriously. I think it's important that faculty maintain their voice and don't feel intimidated by this process.'
The Faculty Senate resolution had two sections. In the 'whereas' section, the faculty noted a 2013 university plan that said 'Diversity is our strength' and committed the college to 'invest in recruiting, retaining and developing talented and diverse faculty and academic and professional staff.' It said Washington successfully achieved the goals he was hired to pursue; called the Trump administration's investigations into GMU a 'politically motivated attack, similar to those we have seen elsewhere'; and said 'evidence, truth, and due process should be the foundation for all decisions, not allegations that have not been fully investigated.'
In the second part, the Faculty Senate 'resolved' that it affirmed the 2013 plan's provisions regarding diversity, declared confidence in Washington's leadership, and called on the board to provide the 'strongest defense possible' of Washington and to commit to a fair and transparent annual review, which is scheduled to occur Friday at the board's meetings.
The George Mason chapter of the American Association of University Professors is calling on its supporters to pack that meeting.
In an unsigned statement, the group said it is worried the board, which is made up solely of members appointed by Gov. Glenn Youngkin (R), could point to the investigations and inquiries from the Trump administration as justification to give Washington a poor performance evaluation at best — and fire him at worst.
'We believe these investigations are nothing more than a thin pretext to attack and remove current GMU President Gregory Washington,' the group wrote.