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.)
You may recall our effort in late January 2024 at the University of Wisconsin at Madison (“UWM” when EPP filed a Civil Rights Complaint over an educational scholarship program open only to “BIPOC” students, the “Creando Comunidad: Community Engaged Black, Indigenous, and People of Color (BIPOC) Fellows” (“BIPOC Fellows”).
In late March 2024, OCR opened a formal investigation, the first — but important — step in the process towards adjudication.
On September 19, 2024, we received word that OCR was dismissing the case on the ground that UWM had removed the racial and ethnic restrictions, including renaming the program and the program goals. From the OCR Letter:
On April 4, 2024, the University informed OCR that in early 2024 it revised the Creando Program’s mission, selection criteria and renamed the program as the Creando Comunidad. OCR reviewed documentation provided by the University confirming the changes to the program…The new selection criteria for Creando Comunidad requires a demonstrated interest in “promoting equity, inclusion, and social justice for communities of color”. This interest can be demonstrated through “personal statements, history of employment or volunteer service, academic coursework, or involvement in community, university, or student organizations or activities with the required focus.” OCR confirmed that the University has updated the website page explaining the revised selection criteria…Based on this information, OCR has determined that the facts underlying this complaint are no longer present and OCR has no evidence that the law is violated. Accordingly, OCR is dismissing this complaint as of the date of this letter. (emphasis added)
The new website page [archive] does appear to have eliminated the racial and ethnic components of the program:
The Badger Herald student newspaper reports:
In an email statement, UW Assistant Vice Chancellor John Lucas said the adjustments still align with the program’s goals and mission.“The assessment of this program was part of the ongoing review UW-Madison has been undertaking to ensure compliance with Department of Education guidance following the Supreme Court decisions in UNC and Harvard cases,” Lucas said in the email….Cornell University law professor and founder of EPP William Jacobson said his group was most likely notified about the program’s criteria through EPP’s online contact form.“We filed this complaint because the program issue was restrictive in terms of eligibility based on race and ethnicity,” Jacobson said. “And that violates not only federal law, but it also violates the university’s own rules.”UW prohibits discrimination which, as defined on their website, includes conduct that adversely affects an individual’s participation in the university’s activities or programs.Jacobson said EPP has filed complaints against other universities’ programs that the group believes are discriminatory — such as women in STEM programs, but those are not EPP’s main focus, Jacobson said. Jacobson said he has not been notified of any other complaints at UW.“We haven’t generally looked for them [other programs] at U Wisconsin,” Jacobson said. “That’s why I’m suspecting that this must have come in as a tip. We haven’t scoured the website. Maybe we should, but we haven’t.”Jacobson said he thinks the UW administration should examine its policies to ensure racial or ethnic eligibility criteria does not appear in the future.
The ultimate proof of victory will be how the program actually is administered. As we have seen with the Harvard Supreme Court fallout, higher education is addicted to racial preferences and often will seek ways to continue doing the same thing but in different ways.
So our focus at EPP inevitably will expand to monitoring the programs which claim to have changed after our challenges.
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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