51 universities under investigation 

 

 MARCH,14, UPDATED 15 The press release issued today by the Department of Education serves as a clear warning: the era of affirmative action is over, following the decision by the Supreme Court (2023 decision in Students for Fair Admissions v. Harvard (SFFA), with no exceptions. In the recent years, this concept was named “diversity, equity, and inclusion” (“DEI”)

The OCR wrote: “The U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations into 45 universities under Title VI following OCR’s February 14 Dear Colleague Letter (DCL) that reiterated schools’ civil rights obligations to end the use of racial preferences and stereotypes in education programs and activities. The investigations come amid allegations that these institutions have violated Title VI of the Civil Rights Act (1964) by partnering with “The Ph.D. Project,” an organization that purports to provide doctoral students with insights into obtaining a Ph.D. and networking opportunities, but limits eligibility based on the race of participants.  OCR is also investigating six universities for allegedly awarding impermissible race-based scholarships and one university for allegedly administering a program that segregates students on the basis of race.  “

In response to our inquiry, The Ph.D. Project provided the following statement via email: “For the last 30 years, The PhD Project has worked to expand the pool of workplace talent by developing business school faculty who inspire, mentor, and support tomorrow’s leaders. Our vision is to create a broader talent pipeline of current and future business leaders who are committed to excellence and to each other, through networking, mentorship, and unique events. This year, we have opened our membership application to anyone who shares that vision. The PhD Project was founded with the goal of providing more role models in the front of business classrooms, which remains our goal today.”

There is no reference to a racial preference on behalf of the equity basis. The website is more explicit. The Ph.D. Project is an initiative aimed at increasing diversity in the business world by encouraging and supporting underrepresented minorities to pursue doctoral degrees in business-related fields.

 The key question is whether the current practice of the NGO, specifically the opening of membership applications this year, aligns with the Supreme Court's decision. The outcome of the investigations will determine the findings. Any university found guilty of these violations will lose federal grants and contracts.

“The Department is working to reorient civil rights enforcement to ensure all students are protected from illegal discrimination. The agency has already launched Title VI investigations into institutions where widespread antisemitic harassment has been reported and Title IX investigations into entities which allegedly continue to allow sex discrimination; today’s announcement expands our efforts to ensure universities are not discriminating against their students based on race and race stereotypes,” said U.S. Secretary of Education Linda McMahon. “Students must be assessed according to merit and accomplishment, not prejudged by the color of their skin. We will not yield on this commitment.” 

The list of the universities under investigation

The universities now under investigation for allegedly engaging in race-exclusionary practices in their graduate programs include: 

  • Arizona State University – Main Campus  
  • Boise State University  
  • Cal Poly Humboldt  
  • California State University – San Bernadino  
  • Carnegie Mellon University  
  • Clemson University  
  • Cornell University  
  • Duke University  
  • Emory University  
  • George Mason University  
  • Georgetown University  
  • Massachusetts Institute of Technology (MIT)  
  • Montana State University-Bozeman   
  • New York University (NYU)  
  • Rice University  
  • Rutgers University  
  • The Ohio State University – Main Campus  
  • Towson University  
  • Tulane University  
  • University of Arkansas – Fayetteville   
  • University of California-Berkeley  
  • University of Chicago  
  • University of Cincinnati – Main Campus  
  • University of Colorado – Colorado Springs
  • University of Delaware  
  • University of Kansas  
  • University of Kentucky  
  • University of Michigan-Ann Arbor 
  • University of Minnesota-Twin Cities  
  • University of Nebraska at Omaha  
  • University of New Mexico – Main Campus  
  • University of North Dakota – Main Campus  
  • University of North Texas – Denton   
  • University of Notre Dame  
  • University of NV – Las Vegas  
  • University of Oregon  
  • University of Rhode Island  
  • University of Utah  
  • University of Washington-Seattle  
  • University of Wisconsin-Madison  
  • University of Wyoming  
  • Vanderbilt University  
  • Washington State University 
  • Washington University in St. Louis  
  • Yale University 

The schools under investigation for alleged impermissible race-based scholarships and race-based segregation are:  

  • Grand Valley State University   
  • Ithaca College  
  • New England College of Optometry   
  • University of Alabama  
  • University of Minnesota, Twin Cities 
  • University of South Florida  
  • University of Oklahoma, Tulsa School of Community Medicine 

Background provided by OCR

On February 14, OCR sent a Dear Colleague Letter to educational institutions receiving federal funding clarifying that, pursuant to federal antidiscrimination law, they must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and other programs and activities. On March 1, the Department released FAQs to anticipate and answer questions that may have arisen in response to the DCL. 

These OCR investigations are being conducted pursuant to Title VI of the Civil Rights Act (1964), which prohibits discrimination on the basis of race, color, and national origin in education programs and activities receiving federal funding. Institutions’ violation of Title VI can result in loss of federal funds.  

EXCERPTS FROM THE LETTER

 

UNITED STATES DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS, THE ACTING ASSISTANT SECRETARY

February 14, 2025

 

February 14, 2025

Dear Colleague:

Discrimination on the basis of race, color, or national origin is illegal and morally

reprehensible. Accordingly, I write to clarify and reaffirm the nondiscrimination

obligations of schools and other entities that receive federal financial assistance from

the United States Department of Education (Department). This letter explains and

reiterates existing legal requirements under Title VI of the Civil Rights Act of 1964,2 the

Equal Protection Clause of the United States Constitution, and other relevant

authorities.

In recent years, American educational institutions have discriminated against students

on the basis of race, including white and Asian students, many of whom come from

disadvantaged backgrounds and low-income families. These institutions’ embrace of

pervasive and repugnant race-based preferences and other forms of racial discrimination

have emanated throughout every facet of academia. For example, colleges, universities,

and K-12 schools have routinely used race as a factor in admissions, financial aid, hiring,

training, and other institutional programming. In a shameful echo of a darker period in

this country’s history, many American schools and universities even encourage

segregation by race at graduation ceremonies and in dormitories and other facilities.

Title VI provides that: “No person in the United States shall, on the ground of race, color, or

national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

(…) Educational institutions have toxically indoctrinated students with the false premise

that the United States is built upon “systemic and structural racism” and advanced

discriminatory policies and practices. Proponents of these discriminatory practices have

attempted to further justify them—particularly during the last four years—under the

banner of “diversity, equity, and inclusion” (“DEI”), smuggling racial stereotypes and

explicit race-consciousness into everyday training, programming, and discipline.

But under any banner, discrimination on the basis of race, color, or national origin is,

has been, and will continue to be illegal.

The Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard4 (SFFA),

which clarified that the use of racial preferences in college admissions is unlawful, sets

forth a framework for evaluating the use of race by state actors and entities covered by

Title VI. The Court explained that “[c]lassifying and assigning students based on their

race” is lawful only if it satisfies “strict scrutiny,” which means that any use of race must

be narrowly tailored—that is, “necessary”—to achieve a compelling interest.5 To date,

the Supreme Court has recognized only two interests as compelling in the context of

race-based action: (1) “remediating specific, identified instances of past discrimination

that violated the Constitution or a statute”; and (2) “avoiding imminent and serious risks

to human safety in prisons, such as a race riot.”6 Nebulous concepts like racial balancing

and diversity are not compelling interests. As the Court explained in SFFA, “an

individual’s race may never be used against him” and “may not operate as a stereotype”

in governmental decision-making.