The Rhode Island Foundation’s Discriminatory Grantmaking Warrants Civil Rights Investigation

The Rhode Island Foundation’s Discriminatory Grantmaking Warrants Civil Rights Investigation

I am the founder of the Equal Protection Project (EPP), which is devoted to the fair treatment of all persons without regard to race or ethnicity and whose guiding principle is that there is no ‘good’ form of racism. The remedy for racism never is more racism, in our view. EPP is a project of the Legal Insurrection Foundation, a Rhode Island non-profit.

The Rhode Island Foundation (“RIF”), is a Providence, Rhode Island, tax-exempt nonprofit community foundation with over $1 billion in assets as of the end of 2023, making it one of the largest in the nation. RIF reportedly made grants of $89 million that year. RIF is by far the largest charity in Rhode Island, with grantmaking and programming that touches almost every corner of the state.

RIF’s funding of so much of Rhode Island’s civil society makes it highly influential and insulated from criticism.  Its Board of Directors is comprised of leading RI business and community figures. Since June 2023, RIF’s president has been David Cicilline, the former Mayor of Providence. Just before joining RIF, Cicilline was a Congressman who was one of Nancy Pelosi’s top lieutenants, as reflected in being selected as a House Impeachment Manager for the 2021 Impeachment of Donald Trump.

RIF, however, also is a major funder of discrimination in Rhode Island pursuant to its vigorous and unabashed Diversity, Equity, Inclusion, and Access (DEI) corporate agenda embedded as a core component of RIF’s five-year action plan unveiled in December 2024.  While it is a small percentage of the overall grantmaking at RIF, such discriminatory grantmaking has a large impact, as described below.

The Educator of Color Loan Forgiveness Program

We first learned of RIF’s practices when Legal Insurrection Foundation (LIF) challenged a program funded by RIF at the Providence Public School District (PPSD) called the Educator of Color Loan Forgiveness Program. Under that program, started in 2021 under the predecessor to Cicilline, newly or recently hired teachers at PPSD could have up to $25,000 of their student loans paid off by RIF, but ONLY IF THE TEACHERS WERE NON-WHITE.

On November 14, 2022, LIF filed a Civil Rights Complaint against PPSD detailing the racially-discriminatory nature of the program, and RIF’s role, with the Office for Civil Rights of the U.S. Department of Education.

LIF brings this civil rights complaint against the Providence Public School District in Providence, Rhode Island (“PPSD” or “the District”) for PPSD’s past, present, ongoing, and planned future practice of discriminating on the basis of race, color and national origin through a student loan forgiveness program for newly and recently hired District educators that is only available to non-white applicants. This program, which PPSD calls the “Educator of Color Loan Forgiveness Program,” is funded by the Rhode Island Foundation (RIF), the largest charity in Rhode Island, and is administered and implemented by PPSD as part of PPSD’s hiring process pursuant to a multi-year agreement.

PPSD does not even attempt to hide its racially discriminatory practices. To the contrary, PPSD brags about treating white applicants less favorably than non-white applicants. The unlawful discriminatory provisions of the program are advertised on multiple platforms, including on the PPSD’s website and hiring portal.

The program is a key part of PPSD’s hiring efforts, and already has processed dozens of applicants on this discriminatory basis. The program violates Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d, et seq., and its implementing regulations at 28 C.F.R. Part 100. It also violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.1 “It is a sordid business, this divvying us up by race.” League of United Latin Am. Citizens v. Perry, 548 U.S. 399 (2006) (Roberts, C.J., dissenting). Nowhere is that more true than here.

Cicilline’s predecessor, Neil Steinberg, publicly defended the program.

OCR made a formal referral of the matter to the U.S. Equal Employment Opportunity Commission (EEOC) in February 2023, presumably because the conduct was viewed as more of an employment than educational practice. The case has sat at EEOC without any enforcement action for two years, despite repeated follow up by LIF. While regulators have sat on their hands, RIF and PPSD continued to operate the racially-disciminatory Educator of Color Loan Forgiveness Program.

In June 2024. We Called On RIF To Stop Discriminatory Grantmaking – It Didn’t Stop

On June 10, 2024, LIF’s Equal Protection Project (EqualProtect.org), which launched in February 2023, sent a letter to Cicilline and RIF calling on them to stop the discriminatory grantmaking, which was widespread and went far beyond the PPSD program:

It has come to our attention that RIF funds or administers grant and scholarship programs that on their face discriminate on the basis of race. Indeed, in its 2023 Annual Report, RIF highlights the Educator of Color Loan Forgiveness Program (Educator of Color Program)3 at the Providence Public School District (PPSD):

To address the diversity gap between students and teachers in Providence, the Providence Public Schools set out in 2021 to recruit approximately 25 new teachers of color a year for five years, with student loan repayment as a benefit. Full-time teachers who identify as Black, Asian, Indigenous, Latino or multi-racial are eligible.

As you may be aware, LIF filed a Civil Rights Complaint4 against PPSD regarding this program which is pending in the U.S. Equal Opportunity Employment Commission, on referral from the U.S. Department of Education. The Educator of Color Program was implemented through a contractual agreement between RIF and PPSD, which imposes these discriminatory contractual requirements on applicants. The Educator of Color Program is open racial discrimination; white teachers are excluded. It should be shocking to anyone who believes in equality and equal protection of the law that RIF highlights this racially discriminatory program in its annual report.

There are numerous other programs and scholarships funded by or through RIF that discriminate on the basis of race, including the ones on this non-exhaustive list: [List omitted, see pdf.]

As reflected in the non-exhaustive list above, race-based scholarships and grant-making are widespread at RIF.13 It appears that all applications are processed, reviewed, and approved by RIF through a central RIF application portal.

In the letter, we called RIF’s attention to the fact that another large Rhode Island-based charity, the Papitto Opportunity Connection, had halted race-based grantmaking after the Supreme Court decision in Students for Fair Admission v. Harvard, and we called on RIF to do the same and to stop race-based grantmaking. We also called RIF’s attention to the then-recent decision of the 11th Circuit Court of Appeals in the Fearless Fund case, holding that discriminatory grantmaking by a private foundation likely violated the Civil Rights Act of 1866, 42 U.S.C. section 1981.

RIF never responded to the letter.

RIF also didn’t stop funding discrimination. Not only does the Educator of Color Loan Forgiveness Program funded by RIF and run through PPSD continue to operate, so too do at least two dozen other discriminatory programs and grantmaking operations run by RIF, either currently or in the recent past. Those programs and grantmaking are summarized at the bottom of this post broken down by programs in which RIF appears to play an administrative role and grantmaking by RIF given only to organizations run by non-whites. The list may not be exhaustive of all discriminatory programming and grantmaking at RIF.

RIF Should Be Designated For Investigation

By Executive Order 14173 on January 21, 2025, President Trump called on all agencies to develop lists of large entities for possible investigation as to civil rights violations:

“… identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;”

RIF meets this asset test as a foundation with assets more than double the $500 million test. DOJ has indicated it will submit its list by March 1, and other agencies presumably will be submitting their lists in the coming weeks.

There are many legal issues to be explored, including whether — like in the Fearless Fund case — race-based grantmaking violates the Civil Rights Act of 1866, 42 U.S.C. section 1981. RIF also participated in the American Rescue Act Plan of 2021 distribution of federal funding at a time when at least some of the discriminatory programming and grantmaking was underway. Private civil actions are not a viable alternative remedy because, among other things, of the difficulty finding plaintiffs with legal “standing” who are willing to stand up to one of the most powerful institutions in the State of Rhode Island, and the number of discriminatory programs and grantmaking which would make it difficult to challenge all at once.

The Rhode Island Foundation presents a challenge to the president’s anti-discrimination agenda. It not only operates race-based programs, it funds groups based on the race of leadership. (added) By helping create and continuing to fund a discriminatory program in a public school district RIF also became the instigator and participant in such civil rights violations. As such, RIF pushes discrimination deep into the community.

Additionally, RIF cannot be said to be unaware of the potential legal problems. RIF was aware of our Civil Rights Complaint in 2022 regarding the Educator of Color Loan Forgiveness Program, and chose to defend it publicly. In June 2024, we specifically called on RIF to stop discriminatory programming and grantmaking, but RIF ignored our plea. We have done everything we are capable of doing to get RIF voluntarily to change its ways, to no avail.

RIF should be designated for investigation, in our view, not because of DEI. It’s not about DEI. It’s about discriminatory grantmaking that arguably violates the civil rights laws.

Accordingly, the Equal Protection Project urges federal agencies to put RIF on the shortlist for investigation of possible civil rights violations, pursuant to President Trump’s January 21, 2025, Executive Order 14173. Absent federal civil rights investigation and possible action, nothing appears able to stop the Rhode Island Foundation from discriminating in its programming and grantmaking.

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RHODE ISLAND FOUNDATION DISCRIMINATORY GRANTMAKING

(All Descriptions and Requirements are direct quotes from the provided links.)

A. Programs Administered or Funded Directly by the Rhode Island Foundation 

1. Educator of Color Loan Forgiveness Program

Description: PPSD is offering loan forgiveness for educators of color through a grant from the Rhode Island Foundation.

Requirement:

• Be a newly hired full-time (non-substitute) teacher or be currently employed as a full-time (non-substitute) teacher;
• Identify as Asian, Black, Indigenous, Latino, biracial, or multi-racial; AND
• Have a minimum of $5,000 in student loans.

Links: [Website Link][Archive.is][Archive.org]

 2. Black Philanthropy Bannister Fund

Description: Recognizing the need to promote economic stability, job training, and financial literacy among not only historically underserved African American populations in Rhode Island, but also more recent African immigrants and refugees, in 2007 the fund was established to advance equity and social justice for our Black and African American communities.

Discriminatory Requirement: The fund gives priority to equity, education, social justice, and economic empowerment of the Black community…

Links: [Website Link][Archive.is][Archive.org]

3. Black Philanthropy Bannister Scholarship

Description:

• Completion of Universal Eligibility Quiz
• Must be an African American/Black high school graduate or adult student applicant
• Rhode Island resident
• Pursuing or advancing a career in healthcare at a post-secondary institution (college or technical school)
• Financial need
• May be renewable for up to four years (past recipients are eligible to reapply)

Discriminatory Requirement: Must be an African American/Black high school graduate or adult student applicant.

Links: [Website Link][Archive.is][Archive.org]

4. Martin Luther King Scholarship

Description:

• Completion of Universal Eligibility Quiz
• Rhode Island resident
• Applicants must be African American/Black
• Must demonstrate academic and leadership success
• Accepted or enrolled in an accredited post-secondary college or technical school within the U.S.
• Financial need
• Past recipients are eligible to reapply

Discriminatory Requirement: Applicants must be African-American/Black.

Links: [Website Link][Archive.is][Archive.org]

5. The Fund of the Providence Shelter for Colored Children Grants

Description: The Providence Shelter remains dedicated to supporting the well-being and education of children of African descent. Our funding prioritizes holistic youth development for children of African descent. Our grants focus on programs that offer well-being, mental health support, educational advancement, and leadership opportunities. We also fund initiatives in art exposure, summer camperships, music training, and various other programs designed to develop well-rounded youth.

Discriminatory Requirement: Children to be served should live in the urban centers of RI. The priority is placed by the population of children of color in that location.

Links: [Website Link][Archive.is][Archive.org]

6. Surti Family Scholarship

Description: The Foundation awards scholarships from nine nursing funds each year. One application may be used to apply for all nine programs, as long as an applicant qualifies for at least one of the programs described below.”

Discriminatory Requirement: Minority nursing students currently working in Rhode Island as Certified Nursing Assistants.

Links: [Website Link][Archive.is][Archive.org]

7. Equity Leadership Initiative

Description: In addition to monthly half-day group meetings, participants will receive regular one-to-one coaching sessions; will develop a personal leadership vision and goals; will be matched with a mentor; and will make high-level connections across industries.

Discriminatory Requirement: Applicants must be residents of Rhode Island who identify as Asian, Black, Hispanic or Latino, Indigenous, or multiracial.

Links: [Website Link; Website Link][Archive.is; Archive.is][Archive.org; Archive.org]

8. RDW Group Communications Scholarship for People of Color

Description: The RDW Group Communications Scholarship for People of Color is available to students of color attending an accredited college or university. You must be from Rhode Island and be studying communications to qualify for this award.

Discriminatory Requirement: Students of color.

Links: [Website Link][Archive.is][Archive.org]

9. Black and Brown Male Scholar Fellowship

Description: This innovative program aims to increase college enrollment rates and foster supportive cohorts of Black and Latino men who uplift and guide each other towards academic success.

Discriminatory Requirement: Black and Latino men

Links:[Website Link][Archive.is][Archive.org]

10. Reading Rainbow: Books by Black Gay Men in Rhode Island

Description: This project will explore the literature generated by Black gay men in Rhode Island through an extensive exhibit of books, periodicals, photographs, documents and ephemera designed to give visibility to their scholarship, research, and creative writing.

Discriminatory Requirement: ‘Reading Rainbow’ will advance and generate scholarship, awareness and synergy of Black gay men in Rhode Island.

Links: [Website Link][Archive.is][Archive.org]

B. Rhode Island Foundation Grants Only for Organizations Run By And Serving Primarily Non-Whites

On May 24, 2023, the Rhode Island Foundation announced an investment of over $2 million to create designated endowments for nonprofits that are led by non-white individuals and primarily serve non-white communities. [link] [archived link].

“In addition to its Racial Equity and Social Justice Grants, the Foundation also announced it has invested more than $1.2 million to create designated endowments for 14 long-standing Rhode Island-based nonprofits that are led by, and primarily serve, people of color and that are working to reimagine systems that are built on structural inequity and racism.”

Below is a list of these organization listed on the RIF website with descriptions from the organizations’ websites:

1. Mixed Magic Theatre: “… Mixed Magic Theatre is an acclaimed non-profit 501 (C) 3 arts organization founded in 2000 by Ricardo and Bernadet V. Pitts -Wiley. For the past 24 years, with a deep legacy of preserving and celebrating the unique experience of Americans of African descent, and as a strong proponent of diversity, equity, and inclusion, the Company has brought diverse stories and images to the stage through song, dance and poetry, and by tackling well-known dramas and original theatrical productions on both national and international stages.” (link) (archived link).
2. Rhode Island Black Storytellers: “Founded in 1998, RIBS is a small non-profit based out of Providence, Rhode Island dedicated to promoting the awareness, appreciation, and application of Black storytelling.” (link) (archived link).
3. Elisha Project: “We seek to educate, inspire, and motivate people from all over the world across age/political/faith/socio-economic/cultural backgrounds to change communities through service” (link) (archived link)
4. Higher Ground International: “We are dedicated to advocating for, empowering, and providing life-changing services to Liberians and West African immigrants, refugees, and other marginalized communities.” (link) (archived link)
5. Mt. Hope Community Center: Building health equity by providing programs, services, resources and outreach that promotes community and economic development, self-sufficiency and self-sustainability. (link) (archived link).
6. Oasis International: “Oasis International is a nonprofit, 501(c) (3), organization serving the African immigrant Community and the low-income neighborhood of West End, Elmwood, Upper Southwest Providence, Lower Southwest Providence, and Washington Park.” (link) (archived link).
7. Progresso Latino: “Progreso Latino’s mission is to help Rhode Island’s Latino and immigrant communities to achieve greater self-sufficiency and socio-economic progress by providing transformational programs that support personal growth and social change.” (link) (archived link).
8. Teatro ECAS: “Teatro ECAS brings together diverse, multi-generational audiences to experience the joy of live theater performed in Spanish, fostering self-discovery and cultural connection” (link) (archived link).
9. Tomaquag Museaum: “The Tomaquag Museum is dedicated to enlightening the public and fostering meaningful conversations about Indigenous history, culture, arts, and the vital relationship with Mother Earth, as well as contemporary Native issues.” (link) (archived link).
10. Youth Pride, Inc.: Youth Pride, Inc.’s mission is to meet the unique, ongoing needs of LGBTQ+ youth and young adults through direct service, support, advocacy, and education.” (link) (archived link).
11. Alliance of Rhode Island Southeast Asians for Education (ARISE): “ARISE combines leadership training with community organizing to mobilize Southeast Asian and other Rhode Island youth of color for education justice.” (link) (archived link).
12. Direct Action For Rights And Equality (DARE): DARE’s mission is to organize low-income families living in communities of color for social, economic, and political justice. (link) (archived link).
13. Refugee Dream Center: “The Refugee Dream Center, founded by Dr. Omar Bah, aims to create a sense of family and community for refugees who may be far away from their loved ones.” (link) (archived link).
14. Women’s Refuge Center: “When refugees arrive in the United States, many organizations come together to meet basic needs for their first 3 months. But our founders know more than anyone that holistic and long-lasting community care must extend beyond that.” (link) (archived link).

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