The U.S. Departments of Education and Health and Human Services have launched simultaneous civil rights investigations into Duke University. These investigations focus on allegations that Duke’s admissions and selection processes may have unlawfully incorporated race-based criteria, potentially breaching federal anti-discrimination laws detailing the issue.
At the center of the probes is the accusation that the Duke Law Journal used race-based criteria in its 2024 editor selection process. Reports indicate that additional points were awarded to applicants based on their racial or ethnic identity. Concerns were raised about a supplemental grading rubric that was given only to affinity group members, prompting reviewers to consider an applicant’s personal statement in light of their membership in underrepresented groups or leadership in affinity organizations. These actions are under scrutiny to determine if they violate Title VI of the Civil Rights Act of 1964, which outlaws race-based exclusions or benefits in federally funded education programs.
In parallel, the Office for Civil Rights at HHS is conducting a broader investigation into Duke’s health programs, as the institution’s practices may contravene both Title VI and Section 1557 of the Affordable Care Act. This inquiry targets allegations of “systemic racial discrimination” across medical admissions and related health programs. HHS has requested documents from Duke Health and provided 20 business days to comply, indicating a serious commitment to assessing potential violations. A detailed report by Inside Higher Ed emphasizes the broader implications of these investigations for federal funding and institutional compliance.
A letter from Education Secretary Linda McMahon and HHS Secretary Robert F. Kennedy Jr. urged Duke to establish a “Merit and Civil Rights Committee” to ensure adherence to federal civil rights laws. They underlined that any preference based on race or ethnicity conflicts with constitutional and statutory mandates of nondiscrimination. These actions align with Executive Order 14173, which aims to “End Illegal Discrimination and Restore Merit-Based Opportunity” by dismantling race-conscious policies in education and healthcare. If infringements are confirmed, Duke faces severe penalties, including the potential loss of federal funding.