Policy Alert: OCR Investigates Universities for Alleged Race-based Practices

Action: The US Department of Education's Office for Civil Rights (OCR) launched investigations into 52 institutions of higher education for allegations of violating Title VI of the Civil Rights Act by engaging in race-exclusionary practices. Specifically, the announcement for the investigation accuses several institutions of partnering with the PH.D. Project, which supports prospective Ph.D. candidates from underserved backgrounds and uses race-based eligibility. Other institutions have been identified based on alleged race-based scholarships and segregation. In a statement, US Secretary of Education Linda McMahon said "[T]oday's announcement expands our efforts to ensure universities are not discriminating against their students based on race and race stereotypes…Students must be assessed according to merit and accomplishment, not prejudged by the color of their skin. We will not yield on this commitment."

Key Insights

• The investigation builds on a Dear Colleague Letter sent from OCR on February 14, 2025 to educational institutions that receive Federal funding. The letter reiterates the Department of Education's interpretation of legal requirements under Title VI of the Civil Rights Act of 1964 and references the Supreme Court's 2023 decision against affirmative action to "reaffirm the nondiscrimination obligations of schools…"
• A coalition of more than 60 education associations and advocacy organizations appealed to the Department to rescind the Dear Colleague Letter, and a lawsuit was filed last month in the US District Court of Maryland to challenge the letter.
• Several schools identified for investigation had been the target of OCR complaints filed by the Equal Protection Project, a project of the Legal Insurrection Foundation that has challenged race-based efforts and exclusionary programs in recent years.