The University of Illinois at Urbana-Champaign (UIUC) is under scrutiny after a federal civil rights complaint was filed on August 19, 2024, accusing the university of offering 42 scholarships that allegedly discriminate based on race, sex, or both. The complaint, brought forth by the Equal Protection Project (EPP) of the Legal Insurrection Foundation, argues that these scholarships violate Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, which prohibit discrimination based on race and sex in federally funded programs.
The complaint specifically identifies 19 scholarships that are exclusive to certain racial groups, 19 that discriminate based on gender, and four that are said to discriminate on both grounds. According to the EPP, these scholarships violate federal civil rights laws and promote "systemic non-compliance" at UIUC. William Jacobson, a law professor at Cornell University and founder of the Equal Protection Project, emphasized that the recent 2023 Supreme Court decision striking down affirmative action in college admissions underscores the illegality of such race-based and sex-based preferences in scholarships.
Forty-Two (42) Discriminatory Scholarships at U. #Illinois Urbana-Champaign Challenged by #EqualProtectionProject https://t.co/yAurB1VDE7 pic.twitter.com/6t2uzCUiHs
— RI Tea Party (@riteaparty) August 21, 2024
Jacobson argued that the discriminatory nature of these scholarships is explicit and unlawful, citing Chief Justice John Roberts' opinion from the 2023 ruling, which stated, "Eliminating racial discrimination means eliminating all of it." The complaint calls for the U.S. Department of Education's Office for Civil Rights (OCR) to investigate UIUC and to impose necessary remedial actions, including possibly suspending federal financial assistance to the university until it complies with federal laws.
The scholarships in question include those reserved for students from underrepresented racial groups, such as African Americans, Latinos, and other minority populations, as well as those that give preference to specific genders. For instance, eight scholarships are offered exclusively to female students, while another eight express a preference for female applicants.
Forty-Two (42) Discriminatory Scholarships at U. Illinois Urbana-Champaign Challenged by Equal Protection Project @ProtectionEqual https://t.co/N8irxs04RS
— William A. Jacobson (@wajacobson) August 21, 2024
Two scholarships are offered exclusively to male students, and one states a preference for male applicants. Jacobson and the EPP argue that these criteria unfairly exclude students who do not meet the specified racial or gender qualifications, thus perpetuating discrimination rather than addressing it.
The federal complaint has sparked a broader discussion about the legality and ethics of race-based and gender-based scholarships, particularly in the wake of the Supreme Court's decision on affirmative action. Proponents of these scholarships argue that they are essential for promoting diversity and providing opportunities to historically marginalized groups. However, critics, including Jacobson, contend that such practices reinforce racial and gender divisions rather than promote equality.
UIUC has not yet issued a public response to the complaint, but the university may face significant legal and financial consequences if the OCR finds it in violation of federal civil rights laws. The outcome of this case could have far-reaching implications not only for UIUC but also for other institutions across the country that offer similar scholarships based on race and sex.
This case highlights the ongoing national debate over how best to achieve diversity in higher education without resorting to what some see as discriminatory practices. As the OCR begins its investigation, universities nationwide will likely be watching closely to see how this case unfolds and what it might mean for their own scholarship programs
.
