Non-Profit Group Files U.S. Civil Rights Complaints Against Universities Over Diversity Initiatives

In a series of actions that signal growing opposition to race-based education policies, a non-profit organization has filed numerous U.S. civil rights complaints this year against universities. These complaints challenge the legality of initiatives such as minority scholarships, summer study programs, and residency programs to promote racial diversity on campuses.
 

Challenging Diversity Initiatives After a Landmark Supreme Court Ruling
 
This campaign against diversity initiatives gained momentum following June's significant U.S. Supreme Court ruling. The ruling, which outlawed the use of race in college admissions, commonly known as affirmative action, has sparked a broader debate about the extent of its impact. Conservative activists argue that the decision should extend to all educational programs, and some groups have also taken issue with corporate diversity policies.
 
The Equal Protection Project's Legal Challenge
 
The Equal Protection Project, led by Cornell University clinical law professor William Jacobson, has spearheaded these legal challenges. This non-profit organization filed the complaints with the U.S. Department of Education's civil rights office. Their most recent complaint, filed last week, accuses Western Kentucky University of violating civil rights law by offering two scholarships, one for undergraduate and one for graduate students, exclusively to minority applicants. As of now, the university has not provided any comment on the matter.
 
Targeted Programs
 
Among the other targets of these complaints are a minority scholarship program at Kansas State University and a residency program designed for Black filmmakers at the University of Nebraska-Lincoln.
 
The Ongoing Investigation
 
In an interview, Jacobson mentioned that the education department has requested more information from their group but has yet to indicate whether they will initiate formal investigations. A spokesperson from the departmental office for civil rights clarified that they do not discuss the details of ongoing cases. Jacobson firmly asserts that any program contingent on race is unlawful, citing the Supreme Court's clear stance on racial discrimination.
 
Advocates Defend Race-Conscious Programs
 
Advocates argue that race-conscious programs are necessary to combat institutional and societal disadvantages faced by minority students, especially after the Supreme Court's decision. These programs address disparities, such as Black children growing up in low-income households with limited access to high-quality child care and enrichment activities. Critics argue that eliminating race as an admissions factor will result in fewer minority students gaining access to top schools.
 
Impact on Students
 
Ameshia Cross, director of communications for the Education Trust, emphasizes the significance of such scholarships. She points out that even a relatively small financial gap can decide a student's ability to graduate. Cross, who also works as a Democratic strategist, shared her personal experience, explaining that she would not have been able to attend Belmont University, a private school, without the support of an annual $5,000 minority scholarship.
 
Responses to the Supreme Court Ruling
 
Although the Supreme Court's ruling specifically pertained to admissions, it prompted several educational institutions to reevaluate their race-based programs. For instance, the University of Missouri system announced its intention to eliminate race as a factor in awarding scholarships. Furthermore, the state's Republican attorney general instructed all colleges in Missouri, including private schools, to adopt race-blind standards for admissions, scholarships, employment, and other programs.
 
Alternative Paths to Diversity
 
Some schools have pledged to explore alternative approaches to enhancing racial diversity on their campuses, such as increasing recruitment efforts from underprivileged schools. Law professor Evan Caminker at the University of Michigan points out that it's still uncertain whether the Supreme Court's decision will extend beyond admissions to encompass race-conscious programs. He underscores that the court highlighted the "zero-sum" nature of entries, where each successful applicant takes a spot that could have gone to another potential student. In contrast, a school might choose to award scholarships race-neutral and then determine which specific scholarships are assigned to which students.
 
The Ongoing Battle in the Department of Education's Civil Rights Office
 
The Department of Education's civil rights office is expected to remain a frequent battleground in this ongoing debate. In July, the office confirmed that it had initiated an investigation into whether Harvard discriminates against minorities by favoring "legacy" applicants with ties to donors or alumni, following a complaint filed by civil rights groups.
 
New Lawsuit Challenges Affirmative Action at the U.S. Military Academy
 
In recent developments, the organization that won the Supreme Court case, Students for Fair Admissions, has filed a new lawsuit challenging affirmative action admission practices at the U.S. Military Academy at West Point. The Supreme Court had previously exempted military academies from its June decision, noting that these institutions might have "distinct" interests.