The Department of Education's Office for Civil Rights (OCR) has initiated an investigation into Duke University following reports that the institution's law journal may have discriminated against potential editors based on race, color, or national origin. This development comes in the wake of an article by the Washington Free Beacon, which disclosed that the Duke Law Journal had issued a packet solely to members of the law school's affinity groups.
The contents of the packet outlined a scoring system for 500-word personal statements, suggesting that applicants discuss aspects of traditional diversity such as race, gender, and ethnicity. Points were awarded for expressing how one's membership in an underrepresented group could contribute to promoting diverse voices in the journal, with up to 10 points available for such disclosures. Additionally, leadership in affinity groups or programs that support diversity could garner an applicant another five points.
Sample essays included in the packet, as reported by the New York Post, overtly referenced race. For instance, one began with the narrative of an Asian-American woman, highlighting her unique perspectives and experiences as a daughter of immigrants.
The law journal had instructed that the packet should not be shared beyond the membership of the affinity groups. This exclusivity has raised questions about the fairness and legality of the selection process.
Earlier in the year, the Trump administration had launched a similar investigation into Harvard University's law journal, amidst allegations of race-based criteria overshadowing merit-based standards for both journal membership and article selection.
Education Secretary Linda McMahon has been vocal about the issue, condemning practices she views as discriminatory and illegal under the Constitution, anti-discrimination laws, and Supreme Court precedents. McMahon, alongside Health and Human Services Secretary Robert F. Kennedy Jr., penned a joint letter to Duke University, raising concerns over the alleged use of race preferences in hiring, admissions, and scholarship decisions at Duke Health.
The letter demands a comprehensive review of Duke Health's policies and practices, immediate corrective actions, and assurances of new, properly implemented policies. It also urges the creation of a "Merit and Civil Rights Committee" to collaborate with the federal government in upholding civil rights and merit-based standards.
The rationale behind the specific investigation into Duke Health remains ambiguous, although conservative commentator Ben Shapiro had previously suggested that Duke's School of Medicine compromised admission standards in favor of diversity, equity, and inclusion initiatives, a claim the university refutes.
With federal funding at stake, the administration is making it clear that it should support excellence over race in medical education, research, and training. As the investigation unfolds, Duke University faces increased scrutiny and the possibility of having to make significant changes to its policies and practices to align with federal civil rights standards.
