Education Dept investigating Wisconsin university fellowship called discrimination 'on its face'

Following a legal complaint, the Education Department of the U.S. Office for Civil Rights (OCR) opened an investigation into a University of Wisconsin-Madison fellowship program that allegedly discriminates against White people.

Cornell University law professor and founder of the legal group Equal Protection Project (EPP), William Jacobson, revealed on Legal Insurrection the OCR began its investigation into the “Creando Comunidad: Community Engaged Black, Indigenous, and People of Color (BIPOC) Fellows” fellowship program on Monday after the EPP filed a complaint against it in January.

Jacobson said, “The opening of an investigation by OCR is an important first step in bringing accountability to the university for a program that on its face discriminates in favor of ‘BIPOC’ students, a racial and ethnic categorization.”

The EPP founder also added, “The law requires equal protection for all students, regardless of race and ethnicity, and we hope that a full investigation and determination will uphold this principle.”

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A University of Wisconsin-Madison fellowship is under federal investigation for allegedly discriminating against White people. (SOPA Images / Contributor)

The OCR confirmed the investigation had commenced in a letter sent to the EPP, which also provided a disclaimer, stating, “Please understand that opening an investigation does not mean that OCR has made a decision about the complaint.”

The university confirmed to Fox News Digital they are aware “that the Office of Civil Rights is responding to a complaint filed in January and will cooperate with the investigation.”

The university announced the opening of the program last August, describing it as a “cohort-based program that convenes monthly to connect undergraduate Students of Color who are currently, or striving to, participate in community engagement.”

The fellowship’s stated mission is to “center and empower the strengths of BIPOC undergraduate students partaking in critical community-engaged work as well as provide opportunities for community building, collaboration, support, and personal/professional development.”

Those who are accepted into the program are tasked with developing strategies for and participating in community building and mentorship. They will be required to “attend a total of seven, 90-minute cohort meetings” throughout the academic year and have to present their work on community engagement.

Each fellow will also receive “$500 in scholarship funds.”

Jacobson accused the fellowship of promoting “racial educational barriers,” and not only racializing itself “but the entire campus.”

“Sending a message to students that access to opportunities is dependent on race is damaging to the fabric of campus,” he told The Examiner.

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His group’s complaint alleges that the fellowship is a violation of the 14th Amendment’s equal protection clause and Title VI of the Civil Rights Act of 1964.

In a statement to Fox News Digital, Jacobson said, “The Equal Protection Projecturges UW-Madison to publicly admit the error it made in conducting a racially discriminatory program, to apologize, to open the program to all students regardless of race or ethnicity, and to come up witha remedial plan to compensate students who were excluded unlawfully. If UW-Madison will not undertake such steps voluntarily, we hope that the Department of Education forces the university to take these steps.”

He added, “Our goal is to remove the racially discriminatory eligibility requirementsfor the program, not to eliminate the program entirely. Whether the Department of Education will penalize UW-Madison is to be determined, but in our view some sanction that imposes a cost on the University is warranted to send a message that flouting the law and the university’s own nondiscrimination rule is not acceptable.”

Gabriel Hays is an associate editor for Fox News Digital. 

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