Case Particulars

Tribunal

Office for Civil Rights, Department of Education

Date Filed

November 4, 2023

Docket No.

N/A

Case Status

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

Case Overview

University of North Dakota (“UND”) had a racially discriminatory program program that reduced tuition for specific racial and ethnic groups for the purpose of achieving a “diverse student population.”

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, the university created, implemented and promoted a program called the Cultural Diversity Waiver that reduced eligible undergraduate students’ tuition by up to $2,750 per semester, or $5,500 per academic year. Only students who were “African American/Black, American Indian, Alaska Native, Asian American, Native Hawaiian, Pacific Islander, Latino/a/x, Hispanic American or Multiracial” were eligible for the program.  As such, CDW program was 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.

On March 4, 2024, the University informed OCR that it modified the eligibility requirements for the Scholarship and Waiver to permit all students, regardless of race and national origin, to apply for a Scholarship or Waiver, and that it has removed all links and references limiting eligibility by race and national origin from the University’s website. The University’s website now indicates that that students will be considered for the Scholarship if they meet criteria including being a “[m]ember of an underrepresented diverse group, which may include disability, indigenous status, ethnicity, race” and the application does not require the applicant to identify their race or national origin. Likewise, the website also indicates that a Waiver may be granted “based on age, race/ethnicity, sex, disability, socioeconomic status, life experience, and other identifying characteristics” and the application does not require the applicant to identify their race or national origin. Rather, the application requires a personal statement describing the applicant’s “identifying characteristics or experiences that contribute to cultural diversity.”…

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