Last Friday, Craig Trainor, the Acting Assistant Secretary for Civil Rights of the United States Department of Education, issued a “Dear Colleague” letter notifying educational institutions that illegal discrimination on the basis or race would no longer be tolerated and could result in loss of all federal funding. He stated the obvious, that most practices associated with DEI have always been illegal under the Civil Rights act of 1965 as well as unconstitutional violations of the Equal Protection Clause of the United States Constitution:
Under the banner of “diversity, equity, and inclusion” (“DEI”), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline. But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.
The test to determine whether a violation has occurred will be as follows:
At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law. Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.
Critically, institutions can’t use proxies to discriminate:
Although some programs may appear neutral on their face, a closer look reveals that they are, in fact, motivated by racial considerations. And race-based decision-making, no matter the form, remains impermissible. For example, a school may not use students’ personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student’s race and favoring or disfavoring such students.
In order to enforce this new regime, the Office for Civil Rights (OCR) at the Department of Education needs to hear about violations. This is where all of you come in. Here is how to report violations:
Anyone who believes that a covered entity has unlawfully discriminated may file a complaint with OCR. Information about filing a complaint with OCR, including a link to the online complaint form, is available here.
If you want to report something but are concerned about potential retaliation, Jonathan Mitchell at Faculty, Alumni, & Students Opposed to Racial Preferences (FASORP) has offered to file the complaints with OCR. You can give information anonymously at the FASORP website, including any documents, websites, or other relevant information. The website does not track IP addresses and you can use a VPN before navigating to it if you want to be extra safe.
If you have any information about ongoing illegal discrimination, it is essential to report it as soon as possible. General counsel at every educational institution needs to quickly understand and advise their administration that discrimination really is illegal and must stop immediately.
To remind the readers about early efforts to enforce existing anti-discrimination laws -- Mark Perry, a retired professor of economics, has been relentlessly filing Title VI and Title IX complains about discriminatory programs:
https://instapundit.substack.com/p/fighting-campus-bigotry-with-prof
https://www.aei.org/carpe-diem/an-update-on-my-efforts-to-challenge-title-vi-and-title-ix-violations-in-higher-education-despite-new-resistance-from-bidens-office-for-civil-rights/
https://www.thecollegefix.com/bulletin-board/retired-professor-on-a-one-man-mission-to-end-college-reverse-discrimination/
In case anyone is interested, woke DEI "social justice" is going ahead full stream in Canada. Straight white males can no long find jobs in Canadian universities, and straight white women are low on the list of the preferred. It is sad but true that the Canadian Charter of Rights and Freedoms allows unlimited exception to any population who has allegedly suffered from discrimination, with rights, freedoms, and fairness for everyone else waived. Every Canadian educational institution, regulatory body, funding agency, and academic professional organization requires race, sex, and sexuality discrimination. As well, in glorious addition, is the "indigenization" now demanded of academia including science. Finally, decolonialization, a policy of our governments, national and provincial, requires that the "colonial settlers" of European and other origins turn over what they have built to the aboriginal "First Nations," with whom our governments wish to have "nation to nation" relations. You could not make this stuff up, but it is official policy, and, if you object, there is a good chance you will be crushed.
For documentation of discrimination at Canadian universities, see
https://nationalpost.com/opinion/taking-stock-of-discriminatory-hiring-practices-at-canadian-universities