You may recall that in October 2024, the Equal Protection Project (EPP) (equalprotect.org) filed a civil rights complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) against Santa Clara University (SCU) for its “Black Corporate Board Readiness Program (“BCBR”) – an executive education program…only open to Blacks, in clear violation of Title VI”: Blacks-Only Executive Program At Santa Clara University Challenged By Equal Protection Project:
Almost all of our actions have addressed discrimination in higher education. In our latest action, we have filed a Civil Rights Complaint…with the Office for Civil Rights of the U.S. Department of Education, against the private Santa Clara University.From the Complaint:
We write in connection with Santa Clara University (“SCU”), a private university located in Santa Clara, California, which, through its Leavey School of Business (“Leavey”), operates, administers and promotes The Black Corporate Board Readiness Program (“BCBR”) – an executive education program “designed to accelerate diverse representation in corporate governance” – which is only open to Blacks, in clear violation of Title VI.As demonstrated in the screenshot below, which is taken from the SCU web page, BCBR explicitly discriminates on the basis of race by offering training only to black individuals (yellow highlighting added):
The racially exclusive nature of BCBR is further shown on the program’s application page, which, under the heading “Alumni,” states that “[t]he purpose of BCBR is to get more Black leaders on public and private corporate boards.” [image omitted]Further, the “Our Story” section of BCBR’s website makes clear that the program was designed by Blacks for Blacks: “BCBR was designed as a ‘for us, by us’ initiative to prepare Black executives[.]” [image omitted]The “Frequently Asked Questions” portion of the “Our Story” section makes clear that the program is only open to Black executives: “The BCBR program is open to Black executives who have gained extensive senior leadership experience or an equivalent span of control, including as a CEO or general manager. From among qualified Black executives nationwide who apply, up to 35 participants are selected per BCBR cohort.” (emphasis added) [image omitted]
The “History” section of BCBR’s website delineates that only Blacks are invited to apply, stating, “We invite proven Black leaders to apply to a future cohort[.]” [image omitted]
EPP’s Complaint went on to explain why the program was unlawful under Title VI of the Civil Rights Act, to which SCU is bound because if receives federal funding, including from the U.S. Department of Education:
SCU violates Title VI by conditioning eligibility for BCBR on an applicant’s race, color and/or ethnicity. 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 college, university, or other postsecondary institution, or a public system of higher education.” See 42 U.S.C. § 2000d4a(2)(A); Rowles v. Curators of the Univ. of Mo., 983 F.3d 345, 355 (8th Cir. 2020) (“Title VI prohibits discrimination on the basis of race in federally funded programs,” and thus applies to universities receiving federal financial assistance). As SCU receives federal funds and administers federal funding programs, it is subject to Title VI.
The Santa Clara case generated significant media attention, including from KRON4 News in San Francisco, the Local Fox7 affiliate, The Santa Clara student newspaper, and the The College Fix.
And, normally, we would expect before taking any action the U.S. Department of Education’s Office for Civil Rights would open an official investigation looking int EPP’s Complaint. But that did not happen here.
Rather, on January 14, 2025, EPP received a letter indicating that OCR was closing EPP’s Complaint due to the offending program being opened to students of all backgrounds:
Since you filed your complaint, OCR has confirmed that the Program is open to anyone regardless of race, color, or national origin. The University removed language from the website that indicated that the Program was exclusively for Black leaders and added language clarifying that the Program is open to anyone regardless of race, color, and national origin…The University also confirmed that the leadership of the Program is aware of the requirement that the Program be open to individuals from all backgrounds regardless of race, color, and national origin, and oversaw the implementation of the website updates to clarify this for members of the public who visit the website. Because OCR has obtained credible information indicating that allegations are resolved, the facts underlying the allegations are no longer present, and OCR has no evidence the law is violated, OCR is dismissing the complaint in accordance with subsection 110(d) of the CPM.[emphasis added]
EPP considers OCR’s closure of this case a “WIN” as the offending program has been opened to those of all backgrounds, as EPP requested.
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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