Case Particulars

Tribunal

Department of Education, Office for Civil Rights

Date Filed

November 14, 2024

Docket No.

N/A

Case Status

OCR Complaint Filed

Case Overview

On November 14, 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 the University of Minnesota:

We bring this civil rights complaint against The University of Minnesota (UMN), a public university, which through its College of Design administers and promotes a racially-discriminatory initiative called “Design Justice” (the “BIPOC Design Justice Initiative”).

EPP then asked OCR for expedited resolution of its Complaint:

As set forth below, because UMN is a repeat offender in programming that discriminates in favor of BIPOC students and against white students, having recently resolved a similar OCR complaint brought by EPP as to a different program, yet continued such discriminatory conduct with regard to the present program, we request expedited action by OCR.

EPP then, using the UMN’s own website, explained the discriminatory nature of UMN’s BIPOC Design Justice Initiative.

The Complaint explains that the BIPOC Design Justice Initiative violates Title VI and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution:

The BIPOC Design Justice Initiative violates Title VI because it conditions eligibility for participation the program on a student’s race, ethnicity and skin color. And, because the UMN is a public university, its administration of this discriminatory program also violates the Equal Protection Clause of the Fourteenth Amendment.

 

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 public system of higher education.” See 42 U.S.C. § 2000d-4a(2)(A). As UMN receives federal funds, it is subject to Title VI.

EPP summarizes and requests that OCR take action:

The Office for Civil Rights has the power and obligation to investigate the UMN’s role in promoting and administering this program 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. After all, “[t]he way to stop discrimination,” the Supreme Court has taught, “is to stop discriminating.” (citation omitted).

 

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 those who have been illegally excluded from the BIPOC Design Justice Initiative based on discriminatory criteria, and ensure that all ongoing and future programming through UMN comports with the Constitution and federal civil rights laws.

OCR is evaluating EPP’s Civil Rights Complaint for further action.