Attorney General Todd Rokita has sent letters to Butler and DePauw universities concerning their respective diversity, equity, and inclusion (DEI) policies and practices, which may violate federal and state civil rights laws and the terms of the universities’ nonprofit statuses.
The letters follow a similar inquiry sent by Attorney General Rokita to Notre Dame University on May 9th.
Publicly available materials and statements from university leaders suggest that various aspects of Butler’s and DePauw’s operations may be governed by policies that treat individuals — including students, prospective students, faculty, staff and job applicants — differently based on the individuals’ race or ethnicity; employ race in a negative manner when making admissions or hiring decisions; or utilize racial stereotyping.
Racial discrimination of any kind in educational settings violates fundamental moral and legal principles that are enshrined in state law. Nonprofit universities that disregard those principles and pursue race-based DEI initiatives may jeopardize their nonprofit status.
Attorney General Rokita’s letters explain that racial discrimination by any nonprofit university cannot be squared with the public or charitable purposes that a nonprofit is supposed to serve.
The universities are asked to provide information about their admissions and hiring practices, including details about any changes made to their practices following the U.S. Supreme Court’s Students for Fair Admissions decision.
Attorney General Rokita also requested documents showing what guidance the schools provide to faculty and admissions staff regarding DEI goals. Further, he asks the schools to explain whether and how race plays a role in their efforts to recruit, hire, and enroll members of “underrepresented” groups.
Attorney General Rokita said the universities’ responses to his inquiries will help determine whether further action is warranted to ensure the schools are operating consistent with the terms of their nonprofit statuses and Indiana’s legal and moral commitment to racial equality.
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