North Dakota: Three More Wins For Equal Protection Project Challenging Racially Discriminatory College Programs

North Dakota: Three More Wins For Equal Protection Project Challenging Racially Discriminatory College Programs

The Equal Protection Project (EPP) (EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs created 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 our launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs after our filing. (See EPP September 2024 Impact Report.)

You may recall that in October and November of last year, EPP filed three Civil Rights Complaints with the U.S. Department of Education’s Office for Civil Rights (OCR) against three different institutions of higher learning located in North Dakota, the University of North Dakota, the University of North Dakota School of Law, and Bismarck State College:

• Tuition Waivers Open Only To Non-Whites at U. North Dakota and Its Law School Challenged by Equal Protection Project
• Non-Whites Only Tuition Waiver Program at Bismarck State College [North Dakota] Challenged By Equal Protection Project

Bismarck State College

On October 23, 2023, EPP challenged Bismarck State College’s “Cultural Diversity Waiver (CDW)” program, stating in EPP’s Complaint that this was

a racially discriminatory program that reduces tuition for specific racial and ethnic groups for the purpose of “encourage[ing] enrollment of a culturally diverse student body for the benefit of all students and the academic community.” To be eligible for the tuition reduction, students must be “African American/Black, Alaska Natives, Asian American, Hispanic, Native American, Native Hawaiian, Latino/a/x, Multiracial, [or] Pacific Islander.” The CDW program is only available to non-white applicants.

The Complaint then explained that such a program violates both the

Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution as well as Title VI of the Civil Rights Act of 1964 (“Title VI”) and its implementing regulations. See 42 U.S.C. § 2000d et seq.; 28 C.F.R. Part 100; see also Gratz v. Bollinger, 539 U.S. 244, 276 n.23  (2003) (“We have explained that discrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI.”).

On September 19, 2024, EPP received a letter from OCR indicating that EPP’s Civil Rights Complaint against Bismarck State College was being dismissed as “resolved” because:

On March 1, 2024, the College informed OCR that it modified the eligibility requirements for a Waiver to permit all students, regardless of race and national origin, to apply for a Waiver, and that it has removed all links and references limiting eligibility for the Waiver by race and national origin from the College’s website. The College’s website now indicates that the Waiver is available to “students from, but not limited to Indian tribes and economically disadvantaged students, for the benefit of all students and the academic community, to promote enrollment, and for other purposes consistent with [the College’s] polytechnic mission,” and the application does not require the applicant to identify their race or national origin. Rather, the application requires a statement responding to the prompt “What goals do you plan to achieve at [the College] and how will this [W]aiver support your goals?” You could not identify any qualified applicant who was denied a Waiver based on their race or national origin.

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

As you can see from the new CDW website, Bismarck has changed the name of the program from the “Cultural Diversity Waiver” program to the “Opportunity Waiver” program and no longer requires applicants to be one of a certain number of racial backgrounds:

EPP considers this action by OCR a “win” because the complained-of racially discriminatory program has been opened to students of all races and backgrounds.

The University of North Dakota and the University of North Dakota School of Law

On November 4, 2023, EPP challenged the University of North Dakota’s “Cultural Diversity Scholarship (CDS)” program, stating in EPP’s Complaint that this was

a racially discriminatory program that reduces tuition for specific racial and ethnic groups for the purpose of achieving a “diverse student population.” To be eligible for the tuition reduction, students must be “African American/Black, American Indian, Alaska Native, Asian American, Native Hawaiian, Pacific Islander, Latino/a/x, Hispanic American or Multiracial.” The CDS program is only available to non-white applicants.

The Complaint then explained that such a program, as did Bismarck State’s CDW program, violates both the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution as well as Title VI of the Civil Rights Act of 1964.

On November 7, 2023, EPP also challenged the University of North Dakota School of Law’s “Cultural Diversity Tuition Waiver (CDTW)” program, stating in EPP’s Complaint that this was

a racially discriminatory program that reduces tuition for specific racial and ethnic groups “in order to encourage racial and ethnic diversity within [its] student body.” To be eligible for the tuition reduction, students must be “African American/Black,” “Alaska Native,” “Asian/Asian American,” “Hawaiian Native/Other Pacific Islander,” “Hispanic/Latino,” “Native American/American Indian” or “Multiracial/Multiethnic.” The CDTW program is only available to non-white applicants.

The Complaint then explained that such a program, like its parent university’s CDS program, violates both the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution as well as Title VI of the Civil Rights Act of 1964.

On September 19, 2024, EPP received a letter from OCR indicating that EPP’s Civil Rights Complaint against the University of North Dakota and its School of Law were being dismissed as “resolved” because:

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.

As you can see from the new CDS website, the University of North Dakota no longer requires applicants to be one of a certain number of racial backgrounds:

As you can see from the new CDTW website, the University of North Dakota School of Law no longer requires applicants to be one of a certain number of racial backgrounds:

EPP considers this action by OCR two “wins” because both of the complained-of racially discriminatory programs have been opened to students of all races and backgrounds.

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.

Donations tax deductible
to the full extent allowed by law.