Case Particulars

Tribunal

Office for Civil Rights, Department of Education

Date Filed

October 23, 2023

Docket No.

OCR Docket No. 05-24-2100

Case Status

OCR Complaint Filed; Case Dismissed as Resolved

Case Overview

Bismarck State College (BSC) offered a racially discriminatory tuition waiver program with the goal of reducing tuition for specific racial and ethnic groups and to encourage “enrollment of a culturally diverse student body for the benefit of all students and the academic community.”

In 2021, the North Dakota State Board of Higher Education promulgated a policy that institutions of higher education in the state would be “encouraged” to “provide for … [a] waiver of tuition and fees …. to promote enrollment of a culturally diverse student body.” Based on this authority, BSC created, implemented and promoted a program called the Cultural Diversity Waiver that reduces eligible undergraduate students’ tuition by $1,250 per semester. To be eligible for the tuition reduction, students must be “African American/Black, Alaska Natives, Asian American, Hispanic, Native American, Native Hawaiian, Latino/a/x, Multiracial, [or] Pacific Islander.” The CDW program is only available to non-white applicants.

Equal Protection Project is the Complainant in this matter, which is under evaluation by the U.S. Department of Education, Office for Civil Rights.

Less than a month after EPP filed its Complaint, BSC changed the name of the program from the Cultural Diversity Waiver to the Pathway Waiver. The racial exclusion language was significantly, but not entirely, curtailed; currently, the eligible applicant pool includes students “from, but not limited to Indian tribes and economically disadvantaged students, for the benefit of all students and the academic community….”

Update: On September 19, 2024, EPP received a letter from OCR indicating that OCR was dismissing EPP’s Complaint as “resolved” because:

On March 1, 2024, the College informed OCR that it modified the eligibility requirements for a Waiver to permit all students, regardless of race and national origin, to apply for a Waiver, and that it has removed all links and references limiting eligibility for the Waiver by race and national origin from the College’s website. The College’s website now indicates that the Waiver is available to “students from, but not limited to Indian tribes and economically disadvantaged students, for the benefit of all students and the academic community, to promote enrollment, and for other purposes consistent with [the College’s] polytechnic mission,” and the application does not require the applicant to identify their race or national origin. Rather, the application requires a statement responding to the prompt “What goals do you plan to achieve at [the College] and how will this [W]aiver support your goals?”….

Based on this information, OCR is dismissing this complaint under Section 110(d) of the CPM because it has been resolved.

EPP considers this action by OCR a “win” as the complained-of racially discriminatory program has been opened to students of all races and backgrounds.