February 28, 2025

Dear NDSU Community,

I want to provide an update as part of our ongoing effort to keep our community informed about recent federal changes that may impact NDSU.

OMB Memo / Federal Grant FundingA federal court converted its Temporary Restraining Order (TRO) into a Preliminary Injunction earlier this week. This is significant because the Preliminary Injunction should last throughout the entirety of the litigation which is likely to be a long time. 

In essence, the Preliminary Injunction prohibits both the research funding freeze and the requirement that existing awards comply with Executive Orders. The Preliminary Injunction does permit the government to take action against individual grants for legal concerns, but such an action should not be due to non-compliance with the Executive Orders.

After the TRO was put into place, NDSU began receiving reimbursement payments from the federal funding agencies, and we anticipate that this will continue. Because we’ve been receiving payments and the Preliminary Injunction is in place, NDSU will continue with business as normal on our federal grants.

However, a new Executive Order was issued this week which requires funding agencies to work with the Department of Government Efficiency (DOGE) to modify or terminate awards to reduce spending and to reallocate funding towards the federal administration’s priorities. We are uncertain how this Executive Order will be implemented, and we will remain diligent in our management of federal awards.

1. Please continue with timely submission of all eligible expenses.
2. We need to be thoughtful about HR implications. Grant-funded employment has always been limited by the length of the grant, but now, it is possible that grants could be terminated prior to the anticipated end dates. We need to clearly communicate the risks associated with grant-funded positions.   
3. Principal investigators should not count on automatically receiving no-cost extensions from the funding agencies. Denying extensions could be used as a means for agencies to terminate grants.
4. We have instituted a process for reacting quickly to stop work orders.  In the event that you receive a stop work order on an award, please immediately notify Karin Hegstad at karin.hegstad@ndsu.edu and Val Kettner at val.kettner@ndsu.edu.  They will work with you to ensure compliance with the order.  

Finally, I would note that the Faculty Senate President, Lisa Montplaisir, is having a Q&A session for federal research projects on Monday, March 3 from 9 to 10 a.m. in the Anishinaabe Theater. Representatives from RCA and GCA will be available to answer questions.Dear Colleague LetterOn February 14, 2025, the U.S. Department of Education's Office for Civil Rights issued a Dear Colleague letter providing guidance on issues associated with race, color, and national origin. While Dear Colleague letters do not have the force of law, they indicate the Department's enforcement priorities, and the letter suggested that non-compliance may result in the loss of federal funding.

Earlier this week, a lawsuit against the Dear Colleague letter was initiated by the American Federation of Teachers and the American Sociological Association. A copy of the complaint is available here.

Currently, a TRO has not been issued, so the Dear Colleague letter is still in force.  We will continue to monitor this case and provide updates. NDSU is reviewing its operations to ensure alignment with this guidance while upholding our values and commitment to being welcoming to our entire community. A member of the Dear Colleague Letter Group will connect with you if anything is needed.

The State Board of Higher Education (SBHE), during their regularly scheduled board meeting yesterday determined SBHE Policy 100.5 Principles and Core Values would not need to be changed as a result of the Dear Colleague letter.  The SBHE statement can be found here.

Our Commitment

We understand that these changes and the uncertainty can be challenging. Please know that we are committed to supporting our community, navigating the complexities together and providing updates as more information becomes available. 

If you have questions, please connect with Chris Wilson at christopher.s.wilson@ndsu.edu. In addition, PI’s can continue reaching out with questions to their contacts within RCA and GCA. For additional information, visit our Federal Actions webpage.

Sincerely,

David Cook