Case Particulars

Tribunal

Department of Education, Office for Civil Rights

Date Filed

October 23, 2024

Docket No.

OCR Case Number 09-25-2052

Case Status

OCR Complaint Filed; Case Closed as "resolved" due to opening program to students of all backgrounds

Case Overview

On October 23, 2024, the Equal Protection Project (EPP) filed a Civil Rights Complaint with the U.S. Department of Education’s Office for Civil Rights (“OCR”) against Santa Clara University (“SCU”). The Complaint alleges that SCU “through its Leavey School of Business (‘Leavey’), operates, administers and promotes The Black Corporate Board Readiness Program (‘BCBR’) – an executive education program ‘designed to accelerate diverse representation in corporate governance’ – which is only open to Blacks, in clear violation of Title VI.”

The Complaint then describes, using SCU’s own website, the exclusionary nature of SCU’s BCBR Program.

The Complaint then describes the legal basis for the Complaint:

SCU violates Title VI by conditioning eligibility for BCBR on an applicant’s race, color and/or ethnicity. Title VI prohibits intentional discrimination based on 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. § 2000d4a(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 SCU receives federal funds and administers federal funding programs, it is subject to Title VI.

 

BCBR clearly falls within the scope of Title VI and OCR’s jurisdiction. It does not matter that a particular program may be considered “extracurricular” or just a “club” or “group,” the same considerations apply, as OCR noted in its 2023 Guidance on Race and School Programming.

EPP then summarizes and requests that OCR take action:

“The way to stop discrimination,” the Supreme Court has taught, “is to stop discriminating.” Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007). The Office for Civil Rights has the power and obligation to investigate SCU’s role in creating, supporting and promoting the discriminatory scholarship programs and to impose whatever remedial relief is necessary to hold it accountable for that 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 open a formal investigation, impose such remedial relief as the law permits for the benefit of anyone who may have been illegally excluded from the program described above based on discriminatory criteria, and ensure that all ongoing and future programming at SCU comports with the federal civil rights laws.

OCR is evaluating EPP’s Complaint for further action.

Update: On January 14, 2025, EPP received a letter indicating that OCR was closing EPP’s Complaint due to the offending program being opened to students of all backgrounds:

Since you filed your complaint, OCR has confirmed that the Program is open to anyone regardless of race, color, or national origin. The University removed language from the website that indicated that the Program was exclusively for Black leaders and added language clarifying that the Program is open to anyone regardless of race, color, and national origin…The University also confirmed that the leadership of the Program is aware of the requirement that the Program be open to individuals from all backgrounds regardless of race, color, and national origin, and oversaw the implementation of the website updates to clarify this for members of the public who visit the website. Because OCR has obtained credible information indicating that allegations are resolved, the facts underlying the allegations are no longer present, and OCR has no evidence the law is violated, OCR is dismissing the complaint in accordance with subsection 110(d) of the CPM.

 

[emphasis added]

EPP considers OCR’s closure of this case a “WIN” as the offending program has been opened to those of all backgrounds.