Equal Protection Project files civil rights complaint against Drake University

An organization involved in litigation with universities across the U.S. has filed a federal complaint against Drake University in Des Moines, alleging one of its scholarship programs violates federal anti-discrimination law.

The Equal Protection Project, a branch of the Legal Insurrection Foundation, submitted a civil rights complaint Tuesday to the U.S. Department of Education’s Office for Civil Rights against the private university. The organization, which  says it is “devoted to the fair treatment of all persons without regard to race or ethnicity,” claims in the complaint Drake is violating Title IV by limiting eligibility of one of its scholarship programs, the Crew Scholars Program, to students of color.

“Drake is expanding DEI activities at a time when the State of Iowa and the federal government are scaling back,” said William Jacobson, founder of the Equal Protection Project, in an emailed statement. “Regardless of where one stands on the DEI debate, discrimination based on race violates the Civil Rights Act of 1964, Iowa state law, and Drake’s own non-discrimination rules. Drake should open up the scholarship to all students without regard to race.”

Drake University spokesperson Ashton Hockman said in an email the university cannot comment at this time, as it has not received any communication from the U.S. Department of Education.

The Crew Scholars Program is described online as an “academic excellence and leadership development program for incoming students with a passion for diversity” that provides $500 annual scholarships to participating students.

According to the civil rights complaint, the scholarship program limits participation to students of color. The complaint cites as evidence a university website link and screenshots showing the program description including the language “The Crew Scholars Program at Drake University is open to incoming domestic students of color in any major.”

A different website describing the scholars program eliminates references to race in who is allowed to apply.

Title VI of the Civil Rights Act forbids “intentional discrimination on the basis of race, color or national origin” in any program that receives federal support, the complaint stated, and as Drake University receives federal funding, it is in violation of the law. Referencing the U.S. Department of Education’s Feb. 14 “Dear Colleague” letter, the complaint stated that regardless of its reasons for offering a “discriminatory program,” Drake is still violating the law.

“Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights promptly open a formal investigation, impose such remedial relief as the law permits for the benefit of those who have been illegally excluded from Drake’s various programs based on discriminatory criteria, and ensure that all ongoing and future programming at Drake comports with the federal civil rights laws,” the complaint stated.

Drake has reiterated its commitment to diversity, equity and inclusion multiple times as state and federal actions have required universities to pull back on such programming, including implementing new programming to ensure all students feel like they belong and speaking out against decisions that negatively impact campus and Drake students.

Drake President Marty Martin published a letter in early March telling students they are all welcome at the university despite contrary messages such as legislation to repeal the inclusion of transgender and nonbinary people in civil rights protections. Martin called the law “one among many current state and federal efforts that seek to turn our differences into division.”

“This is a moral failure against which we stand in opposition,” Martin said in the letter. “It is our duty to respect, support, and affirm anyone in our community targeted by these actions.”