Attorney General Todd Rokita has sent letters to Butler and DePauw universities concerning their respective diversity, equity, and inclusion (DEI) policies and practices, which may violate federal and state civil rights laws and the terms of the universities’ nonprofit statuses.
The letters follow a similar inquiry sent by Attorney General Rokita to Notre Dame University on May 9.
“The U.S. Supreme Court has made clear that racial discrimination of any kind in our education system is repugnant to our civil rights laws, even if done supposedly to help groups claimed to be disadvantaged or underrepresented,” Attorney General Rokita said. “Hoosiers are rightfully concerned that some education institutions treat students, faculty, staff and others differently based on race under the guise of DEI or other. We are investigating to determine whether universities’ DEI programs are consistent with the law.”
Publicly available materials and statements from university leaders suggest that various aspects of Butler’s and DePauw’s operations may be governed by policies that treat individuals — including students, prospective students, faculty, staff and job applicants — differently based on the individuals’ race or ethnicity; employ race in a negative manner when making admissions or hiring decisions; or utilize racial stereotyping.
Racial discrimination of any kind in educational settings violates fundamental moral and legal principles that are enshrined in state law. Nonprofit universities that flout those principles and pursue race-based DEI initiatives may jeopardize their nonprofit status.
Attorney General Rokita’s letters explain that racial discrimination by any nonprofit university cannot be squared with the public or charitable purposes that a nonprofit is supposed to serve.
The universities are asked to provide information about their admissions and hiring practices, including details about any changes made to their practices following the U.S. Supreme Court’s Students for Fair Admissions decision.
Attorney General Rokita also requests documents showing what guidance the schools provide to faculty and admissions staff regarding DEI goals. Further, he asks the schools to explain whether and how race plays a role in their efforts to recruit, hire and enroll members of “underrepresented” groups.
Attorney General Rokita said the universities’ responses to his inquiries will help determine whether further action is warranted to ensure the schools are operating consistent with the terms of their nonprofit statuses and Indiana’s legal and moral commitment to racial equality.
