Case Particulars

Tribunal

Department of Education, Office for Civil Rights

Date Filed

May 6, 2025

Docket No.

N/A

Case Status

OCR Complaint Filed

Case Overview

On May 6, 2025, the Equal Protection Project (EPP) filed a Civil Rights Complaint against Loyola Marymount University (LMU) of California with the U.S. Department of Education’s Office for Civil Rights (OCR) “for discrimination in five (5) scholarships and programs based on race, color, national origin, or sex, in violation of Title VI and Title IX, respectively. ”

The Complaint continues:

LMU’s Diversity, Equity, and Inclusion office oversees numerous initiatives and programs that aim to “cultivate an anti-racist institutional climate that supports inclusive excellence and fights systemic oppression.” This mission has resulted in discriminatory practices on campus, as set forth below.

The Complaint then uses LMU’s own website to explain the discriminatory nature of each program or scholarship challenged.

The Complaint next explains how the challenged programs and scholarships violate federal law:

The scholarships and programs identified above violate either Title VI, by discriminating on the basis of race, skin color, or national origin, or Title IX, by discriminating on the basis of sex, or both.

 

Title VI of the Civil Rights Act prohibits intentional discrimination on the basis of race, color or national origin in any “program or activity” that receives federal financial assistance. See 42 U.S.C. § 2000d. The term “program or activity” means “all of the operations … of a college, university, or other postsecondary institution, or a public system of higher education.” See 42 U.S.C. § 2000d-4a(2)(A); Rowles v. Curators of the Univ. of Mo., 983 F.3d 345, 355 (8th Cir. 2020) (“Title VI prohibits discrimination on the basis of race in federally funded programs,” and thus applies to universities receiving federal financial assistance). As LMU receives federal funds, it is subject to Title VI…

 

Title IX prohibits discrimination on the basis of sex in education. The statute provides: “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a). Accordingly, a school receiving federal funding may not administer scholarships, fellowships, or other forms of financial assistance that impose preferences or restrictions based on sex, except in limited exceptions that are not applicable here. See 34 C.F.R. § 106.37(a).

The Complaint then summarizes and requests OCR takes action:

LMU’s explicit race, color, national origin, and/or sex-based scholarships and programs are presumptively invalid; LMU’s offering, promotion, and administration of these programs violates federal civil rights statutes…

 

The Office for Civil Rights has the power and obligation to investigate LMU’s role in creating, funding, promoting and administering these scholarships as well as the duty to impose whatever remedial relief is necessary to hold it accountable for this unlawful conduct. This includes, if necessary, imposing fines, initiating administrative proceedings to suspend or terminate federal financial assistance and referring the case to the Department of Justice for judicial proceedings to enforce the rights of the United States under federal law…

 

Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights promptly open a formal investigation, impose such remedial relief as the law permits for the benefit of those who have been illegally excluded from LMU’s various scholarships and programs based on discriminatory criteria, and ensure that all ongoing and future scholarships and programming at LMU comports with the federal civil rights laws.

OCR is evaluating EPP’s Complaint for further action.