By Liz Essley Whyte and Douglas Belkin
The Trump administration is planning to pursue a legal arrangement that would put Columbia University into a consent decree, according to people familiar with the matter, an extraordinary step that could significantly escalate the pressure on the school as it battles for federal funding.
A consent decree, which can last for years, would give a federal judge responsibility for ensuring Columbia changes its practices along lines laid out by the federal government. If such a decree is in place, Columbia would have to comply with it. If a judge determines the school is out of compliance, it could be held in contempt of court—punishable by penalties including fines.
Columbia is negotiating with the Trump administration to reinstate federal funding. Last month, the government canceled $400 million in grants and contracts over antisemitism concerns. Columbia agreed to an initial set of demands and is in negotiations about the future of its federal funding.
A consent decree would be a major escalation of how the federal government normally resolves education-related civil-rights issues. Typically after federal lawyers investigate and find evidence that civil rights were violated, schools enter voluntary agreements to change their practices. The federal government has little ability to enforce such agreements. The Biden administration entered into such voluntary agreements over antisemitism concerns with Brown University and Rutgers.
For a consent decree to take effect, Columbia would have to agree to enter it. It is unclear whether the university board has discussed the possibility.
Columbia could fight the move in court; the Justice Department would need to prove that the arrangement is warranted. But a court case could take years, and Columbia would likely lose federal funding in the interim—and might ultimately lose. Opposing the move would also open the school up to required depositions and legal fact-finding, which could keep the school’s campus politics in the spotlight.
Disclaimer
The information contained in South Florida Reporter is for general information purposes only.
The South Florida Reporter assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the South Florida Reporter be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components
