Indiana University Columbus Discriminatory Scholarship Challenged By Equal Protection Project

Indiana University Columbus Discriminatory Scholarship Challenged By Equal Protection Project

The Equal Protection Project (EPP) (EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs done in the name of Diversity, Equity, and Inclusion. This discrimination comes in various ways, but the overarching theme is to exclude or diminish some people and promote others, based on race, color, or ethnicity. We have filed over two dozen complaints and legal actions in the year since launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs. (See EPP Mid-2024 Impact Reports.)

Almost all of our actions have addressed discrimination in higher education. In our latest action, we have filed a Civil Rights Complaint (full embed at bottom of post) with the Office for Civil Rights of the U.S. Department of Education, against Indiana University—Purdue University Columbus, which is changing its name to Indiana University Columbus (“IUC”) regarding the IU Columbus African American Fund Scholarship (“IUC-AA Scholarship”) offered in partnership with the African American Fund of Bartholomew County (AAFBC). The IUC-AA Scholarship provides $1000 for four years, but eligibility is restricted to African-Americans.

From the Complaint:

Eligibility for this scholarship is restricted to African American students, according to the IUC-AA Scholarship website, as shown on the screenshot below: [image omitted]

The IUC-AA Scholarship web page includes a quote from Tom Harmon, president of IUC’s partner, the African American Fund of Bartholomew County, stating, “I am pleased that the African American Fund of Bartholomew County and Indiana University Columbus are partnering to establish a program to provide financial and advisory support to African American students who attend IU Columbus” (emphasis added). The web page for the IUC-AA scholarship, moreover, states that eligibility for this scholarship is restricted to students who are African American, as shown in the screenshot below (highlighting added): [image omitted]

In other words, students who are not African American are illegally excluded from this scholarship and discriminated against based on their race or color….

IUC violates Title VI by conditioning eligibility for the IUC-AA Scholarship on race. And because IUC is a public institution, its offering and administering of the scholarship also violates the Equal Protection Clause of the Fourteenth Amendment.

***

Because IUC’s racial requirement for the IUC-AA Scholarship is presumptively invalid, and because there is no compelling government justification for such invidious discrimination, its use of such a criterion violates state and federal civil rights statutes and constitutional equal protection guarantees.

The filing has been picked up by local media.

The Republic newspaper wrote:

A conservative non-profit based in Rhode Island that has filed dozens of complaints against affirmative action and diversity initiatives at universities across the country has now set its sights on IU Columbus.

The Equal Protection Project said Monday that it filed a civil rights complaint with the U.S. Department of Education against IU Columbus, alleging that students who are not African American are being “illegally excluded” from the IU Columbus African American Fund Scholarship….

While the complaint claims that IU Columbus scholarship is restricted to African American students, it is unclear if recipients are required to be African American.

The university’s website includes somewhat conflicting information about the eligibility requirements for the scholarship, at one point stating “the student must be African American,” while also stating that “preference will be given for African American students” and “special consideration will be given to underrepresented populations including but not limited to financially challenged students and/or students with diverse cultural experiences.”

IU Columbus officials did not respond to requests for comment. Indiana University spokesman Mark Bode declined to comment on the complaint, stating “IU does not comment on individual legal complaints.”

Indiana Public Media, the local NPR affiliate, also covered it:

The Equal Protection Project, a conservative nonprofit based in Rhode Island, filed a complaint against Indiana University Columbus. 

The complaint, filed with the U.S. Department of Education’s Office of Civil Rights, is against the IU Columbus African American Fund Scholarship, created in partnership with The African American Fund of Bartholomew County. To earn the scholarship, students must be African American.  

In its complaint, the group said students who are not African American are “illegally excluded” from the IU Columbus’ scholarship and discriminated against. It claims IU Columbus commits a Title VI violation — discrimination on the basis of race, color or national origin. 

“And because IUC is a public institution, its offering and administering of the scholarship also violates the Equal Protection Clause of the Fourteenth Amendment,” the Equal Protection Project said.

An IU spokesperson said the university does not comment on legal complaints. 

The Equal Protection Project has filed similar complaints across the nation. The group is part of the Legal Insurrection Foundation project. According to its website, the Equal Protection Project is “focused on combating racism and other equal protection violations perpetrated in the name of Diversity, Equity and Inclusion.” 

The Department of Education will look into the complaint. If the department determines the complaint is valid, it will conduct a formal investigation. 

“The Office for Civil Rights does not confirm complaints,” a DOE spokesperson said.

EPP is in a major expansion mode, and we expect to broaden our challenges to racially discriminatory programs.  But we need your help. We are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

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