The Justice Department announced on Monday that it was opening an investigation into the College of William and Mary over whether it violated the Civil Rights Act. The concerns stem from the school allegedly using race-based criteria to determine the distribution of scholarships and other student benefits. If it is determined that the school did so, it would violate Title VI of the Civil Rights Act of 1964, which prohibits discrimination “on the basis of race, color, and national origin.”
Of particular interest is the university’s “W&M Scholars” program, which grants scholarships covering the “full cost of in-state tuition and fees” to “academically distinguished students,” according to the College of William and Mary website. The program is advertised as competitive, with “top consideration” given for three specific metrics.
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“Demonstrated experience and interest in bridging differences and embracing diverse people and perspectives,” reads the description for the “interest in diverse people and perspectives” category.
Other programs at the College of William and Mary also raised concerns for the DOJ, including the Martha L. Muguira Fellowship, which gave preference to Latino and Hispanic women; the Lemon Legal Scholars Program, which allegedly was “exclusively earmarked for graduates of Historically Black Colleges and Universities; and the “Reaching Back Scholarship” which gave preference to applicants from HBCUs as well as those “who contribute to the diversity” of W&M Law.
“As you know, W&M currently receives federal financial assistance from the Department of Justice and accordingly must abide by Title VI’s anti-discrimination requirements,” the DOJ’s notice letter reads. “At this time, our investigation will focus on possible race discrimination in W&M’s scholarships and financial aid, recruitment, and educational support. Providing any educational benefits, including recruitment, scholarships, and support services, based on race violates the civil rights of all Americans.”
Harmeet Dhillon, the assistant attorney general for civil rights, did not specify whether the College of William and Mary was in violation of federal law, but she emphasized that choosing applicants based on skin color was illegal. She said the investigation would be conducted to determine if any wrongdoing occurred.
“Awarding scholarships or offering coveted opportunities to students based on the color of their skin is illegal and offends the guarantees of our color-blind Constitution,” Dhillon said. “We will find out if scholarships or other student benefits at William & Mary favor applicants of certain races. The Department will not turn a blind eye to race-based preferences, however they are packaged or portrayed by universities.”
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The Justice Department acknowledged that it had “not reached any conclusions about the subject matter of the investigation.”
“In conducting the compliance investigation, we will seek to determine whether W&M is violating Title VI,” the DOJ’s letter reads. “We have not reached any conclusions about the subject matter of the investigation. If we conclude that W&M is not violating Title VI, we will notify you that we are closing the investigation.”
