Case Particulars

Tribunal

Department of Education, Office for Civil Rights

Date Filed

January 22, 2024

Docket No.

OCR Case No. 05-24-2221

Case Status

OCR Complaint Filed; OCR Initiated Investigation; OCR Dismissed Complaint as Resolved (Discriminatory Content Removed)

Case Overview

EPP filed a civil rights complaint against the University of Wisconsin-Madison (“UW-Madison”), a public institution, for supporting and promoting a program that engages in invidious discrimination on the basis of race, color and national origin.

According to the UW-Madison website, the “Creando Comunidad: Community Engaged Black, Indigenous, and People of Color (BIPOC) Fellows” (“BIPOC Fellows”) is a UW-Madison program, offered through the university’s Morgridge Center for Public Service, designed “to connect[ ] BIPOC undergraduate students who are currently, or striving to, participate in community engagement.”

The mission of the program is “to center and empower the strengths of BIPOC undergraduate students partaking in critical service work,” to provide them “opportunities for community building, collaboration, support, and both personal and professional development” and to “support the deconstruction of systemic oppression through critical service.”

As the name of the program suggests, a race- and ethnicity-based criterion dictates who can participate in the BIPOC Fellows program. Eligibility is restricted to undergraduate students who are “member[s] of a historically underrepresented racial or ethnic group or community.”

EPP is the Complainant in this matter, which was evaluated by the U.S. Department of Education, Office for Civil Rights (OCR).

UPDATE: On March 25, 2024, in a letter to EPP, OCR said it would open an official investigation in response to EPP’s Complaint regarding “[w]hether the University excluded applicants based on race, color and national origin from its Creando Comunidad: Community Engaged Black, Indigenous, and People of Color Fellows fellowship program (Fellowship Program) in a manner inconsistent with the requirements of Title VI.”

That investigation is ongoing.

UW-Madison’s website currently appears to have no information regarding the Fellowship Program.

Second Update: On September 19, 2024, EPP received a letter from OCR indicating that OCR was dismissing EPP’s Civil Rights Complaint against UW-Madison because:

On April 4, 2024, the University informed OCR that in early 2024 it revised the Creando Program’s mission, selection criteria and renamed the program as the Creando Comunidad. OCR reviewed documentation provided by the University confirming the changes to the program…The new selection criteria for Creando Comunidad requires a demonstrated interest in “promoting equity, inclusion, and social justice for communities of color”. This interest can be demonstrated through “personal statements, history of employment or volunteer service, academic coursework, or involvement in community, university, or student organizations or activities with the required focus.” OCR confirmed that the University has updated the website page explaining the revised selection criteria…Based on this information, OCR has determined that the facts underlying this complaint are no longer present and OCR has no evidence that the law is violated. Accordingly, OCR is dismissing this complaint as of the date of this letter.

EPP considers this case a “win” as the complained-of racially discriminatory program has been modified to open it to students of all races and backgrounds.