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, ethnicity, or sex. In all we have filed over 40 complaints and legal actions since launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs after our filing. (See EPP September 2024 Impact Report.)
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 the University of Arkansas regarding a career mentoring program sponsored jointly with Walmart and Sams Club open only to “BIPOC” (Black, Indigenous, and People of Color) students.
From the Civil Rights Complaint:
We make this civil rights complaint against the University of Arkansas (“U of A”), a public university located in Fayetteville, Arkansas, for sponsoring and promoting – in partnership with Sam’s Club and Walmart – a racially discriminatory program called the BIPOC Mentor Circle Series (“BIPOC Mentor Circle”).On September 9, 2024, U of A announced creation of the BIPOC Mentor Circle Series. According to U of A’s website,2 a “core objective” of the program, whose monthly meetings will be held in a campus building during the 2024-2025 academic year, is “[t]o enhance the long-term professional development of BIPOC students as they transition into the workforce. “3 [image omitted]The BIPOC Mentor Circle is sponsored and promoted, at least in part, by U of A. Further, according to the U of A website, the points of contact for the program are the vice president of U of A’s Black Graduate Students Organization, who upon infonnation and belief is an employee of U of A, and the U of A’s Office of University Relations:4 [image omitted]Upon infonnation and belief, U of A funds the Black Graduate Student Association, a registered student organization, 5 which is involved in administering the BIPOC Mentor Circle. The application fo1m for the program also states that the program is intended to “support and enrich the long-te1m talent cycle of the BIPOC student cohort class to transition and apply for roles within the Walmart c0rporation.”6 [image omitted]And, the form requires applicants to identify their ethnicity and race.7 [image omitted]Another mandatory application question makes clear that applicants must be BIPOC by requiring them to “describe a challenge [they] have faced as a BIPOC individual in [their] professional or academic journey and how [they] overcame it.”8The program’s monthly meetings are held on U of ‘s campus, in one of its classroom buildings.9
We then went on to explain why the BIPOC Mentor Circle violated Title VI of the Civil Rights Act as well as the Equal Protection Clause, and that it made no legal difference that this appeared to have been handled through a registered student group:
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 U of A receives federal funds, including from the U.S. Department of Education, it is subject to Title VI.11Indeed, based on the requirement that participating students be BIPOC, the campus meetings would be de facto segregated by race, skin color, and ethnicity. Any reasonable student viewing the information on the U of A website would understand the racially exclusionary basis of the program, and non-BIPOC students would be dissuaded from even applying or attempting to participate.12The BIPOC Mentor Circle clearly falls within the scope of Title VI and OCR’s jurisdiction. It does not matter that a particular program may be considered “extracurricular” or just a “club” or “group,” the same considerations apply as OCR noted in its 2023 Guidance on Race and School Programming recognizing that “[s]chool programs – including the … establishment, recognition, or support of a school group, club, or other extracurricular organization” are covered by Title VI.13
Local and national media covered the filing. TV Station KNWA Fox 32, syndicated on Yahoo News, ran the story:
A federal civil rights complaint against the University of Arkansas claims a mentorship program is breaking the law by being racially discriminatory.On Sept. 23, a request for an investigation into the U of A by the United States Department of Education–Office for Civil Rights, Kansas City Office was made by the Equal Protection Project of the Legal Insurrection Foundation.The foundation states that the University of Arkansas is sponsoring and promoting a “racially discriminatory program,” the BIPOC Mentor Circle Series….William A. Jacobson, founder of the Equal Protection Project, said that the program is creating a barrier.“The BIPOC Mentor Circle program openly discriminates on the basis of race and ethnicity. The program description clearly states it is intended for ‘BIPOC’ students only, setting up a barrier that would deter other students from applying. Regardless of the purpose of the discrimination, it is wrong and unlawful,” Jacobson said.
The Arkansas Traveler student newspaper also covered the complaint:
The Equal Protection Project (EPP) of the Legal Insurrection Foundation filed a complaint Monday against the University of Arkansas’ Black Graduate Student Association (BGSA) for discrimination in their mentorship program.
The UA Black, Indigenous, and People of Color (BIPOC) organization and the BGSA created the mentor circle series to foster relationships between UA students and obtain career-related guidance, according to the UofA website. Walmart and Sam’s Club are co-sponsors for the series.
The EPP complaint to the United States Department of Education-Office for Civil Rights, Kansas City Office stated the program UA officials promoted was racially discriminatory and called for an investigation into the university, according to KNWA.
Twenty out of 43 complaints the EPP has filed challenging race-based initiatives at universities have led to the institutions dropping or changing their program.
The Washington Times obtained reaction from U of A officials:
The complaint quotes liberally from SFFA v. Harvard, the June 2023 decision holding that race-based collegiate admissions violate the Equal Protection Clause, a decision that prompted universities and even private companies to pull back on racially designated programs and advancement opportunities.The University of Arkansas went the opposite direction, unveiling on Sept. 9 the initiative developed by the UA Black Graduate Student Association offering “a new recruitment pipeline for internships and entry level roles in merchandising and other corporate areas.”As the application makes clear, however, White students need not apply….Mr. Jacobson said “U of A knows better than to run a program that excludes and discriminates against students based on race and ethnicity.”The complaint said that “based on the requirement that participating students be BIPOC, the campus meetings would be de facto segregated by race, skin color, and ethnicity.”“Any reasonable student viewing the information on the U of A website would understand the racially exclusionary basis of the program, and non-BIPOC students would be dissuaded from even applying or attempting to participate,” said Mr. Jacobson, a Cornell Law School professor.John Thomas, University of Arkansas director of media relations and core communications, said the complaint is under review.“We are reviewing this matter, which involves a registered student organization initiative,” he said in an email. “The University is fully committed to ensuring that all members of the University community can fully participate in its programs and activities without regard to race or ethnicity, and requires the same of UA student organizations.”Launched in February 2023, the foundation’s Equal Protection Project has filed 43 federal complaints challenging race-based initiatives at educational institutions. In 20 of those cases, the school either dropped or changed the program.
We will continued to monitor the program, and see if U of A voluntarily modifies the eligibility requirements to remove discriminatory barriers.
Reminder: 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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