The embattled U.S. Department of Education’s Office for Civil Rights (OCR) announced Friday it is investigating 45 colleges and universities for “reverse discrimination” of students through DEI-related policies in education programs and activities, the U.S. Department of Education (DOE).
Locally, among those institutions are Yale University in New Haven, which has already been warned it is under investigation for allowing antisemitic actions on its campus. That initial warning on March 10 said enforcement actions could be taken if no action is taken to rectify the situation. Three schools in Westchester and Rockland counties who received those letters include Sarah Lawrence College, SUNY Rockland, and SUNY Purchase.
It was the second time in a week OCR has put private and public institutions of higher education on notice. The investigations allege the use of diversity, equity, and inclusion programs and activities on campus are illegal under Title VI of the Civil Rights Act in that they use racial preferences and stereotypes to segregate students by race when it comes to scholarships, graduations, and programs.
On Monday, March 10 the OCR sent letters to colleges and universities putting them on notice for not protecting Jewish students on campus during last year’s pro-Palestinian protests where they did not have uninterrupted access to campus facilities and educational opportunities. Those letters cited Title VI infringements.
“The Department is working to reorient civil rights enforcement to ensure all students are protected from illegal discrimination,” said newly installed Secretary of Education Linda McMahon of Greenwich. “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.
“Students must be assessed according to merit and accomplishment, not prejudged by the color of their skin. We will not yield on this commitment.”
In response to the March 10 warning letters from OCR, representatives of SUNY and Yale University defended their commitment to fighting antisemitism on campus.
“SUNY has no tolerance for antisemitism and will continue to ensure that our campuses are safe and inclusive for Jewish students and free from all forms of discrimination and harassment,” according to a SUNY statement Tuesday. “SUNY has frequently and consistently publicly condemned antisemitism, opposed BDS, and taken major steps to ensure compliance with all federal civil rights laws. The safety and security of our students is and always will be paramount.”
When reached by the Yale Daily News, a university spokesperson wrote: “Yale has long been committed to combatting antisemitism and strives to ensure that its Jewish community, along with all communities at Yale, are treated with dignity, respect, and compassion. Antisemitism is inconsistent with Yale’s values and principles and has no place in our community.”
The OCR action Friday by the DOE’s Acting Assistant Secretary for Civil Rights is a follow-up to its Feb. 14 “Dear Colleague Letter” sent to the 45 schools. A press release Friday said “the investigations come amid allegations that these institutions have violated Title VI of the Civil Rights Act by partnering with the ‘The Ph.D. Project,’” an organization that it says helps eligible students based on race to obtain a Ph.D.
In the letter, Trainor writes: “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).
“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.”
He continued that the DOE would no longer tolerate the “overt and covert racial discrimination that has become widespread in this Nation’s educational institutions.”
