Indiana AG: Butler, DePauw universities' DEI policy may violate law, warrant legal action

Indianapolis Star

5 days ago

Indiana Attorney General Todd Rokita warned Butler University and DePauw University that he may take legal action that could complicate their nonprofit tax-exempt status if he finds their diversity, equity, and inclusion policies could violate state and federal law.
In letters sent to the university presidents May 28, Rokita argued the institution's DEI-friendly policies could constitute racial discrimination and violate civil rights laws.
Both Butler and DePauw still list DEI as priorities within their strategic plans. Rokita largely pointed to those goals and adjoining policies as the basis for his letters. In those plans, the universities say they seek to attract more diverse faculty and staff, provide improved support to those communities and build a campus promoting DEI principles.
"Hoosiers are rightfully concerned that some education institutions treat students, faculty, staff and others differently based on race under the guise of DEI or other," Rokita said in a release.
The colleges have until June 27 to respond to Rokita's letter with answers to his questions and requested data. Whether he takes further action, he said in a news release, depends on the colleges' responses and if they are following a "legal and moral commitment to racial equality."
Several of Indiana's public universities have shuttered its DEI programs to comply with new state and federal anti-DEI mandates. So far, that includes Indiana University, Purdue University, Ivy Tech Community College and Ball State University.
Rokita also sent a similar May 9 letter to the University of Notre Dame requesting DEI information to ensure its compliance with federal and state law. Rokita said the university must respond with requested materials by June 9. Neither the Attorney General's Office nor the university have responded to IndyStar requests for an update.
If a university doesn't comply, his letters threaten challenges to the institution's nonprofit status. However, the Internal Revenue Service, if it chooses, would still need to investigate and decide to revoke a school's tax-exempt status. President Donald Trump has threatened to revoke Harvard University's nonprofit status, which the university claims is illegal, if it does not conform to his demands.
DePauw President Lori White has also previously been vocally supportive of such policies, which Rokita criticizes in his letter. In May 2023, White was one of 27 liberal arts college presidents to sign a letter stating they intend to continue prioritizing inclusive policies following the Supreme Court's decision to make race-conscious admission illegal.
"It seems DePauw University may have met that moment and the Court's decision with evasion, circumvention, and obstruction, rather than a good faith desire to respect the civil rights of students and faculty," Rokita's letter reads.
Rokita largely leans on the the U.S. Supreme Court's Students for Fair Admissions decision, which barred universities from enrolling students using affirmative action.
Since taking office, Trump has stripped diversity practices and efforts out of the federal government, and his administration has begun focusing its anti-DEI efforts on higher education and the private sector.
Gov. Mike Braun has done the same in Indiana. On his second full day in office, he signed an executive order to remove DEI initiatives and policies from state government, including closing the Office of the Chief Equity, Inclusion and Opportunity created by then-Gov. Holcomb in 2020.
Braun also signed a bill into law May 6 to allow individuals to sue publicly funded schools or government entities for DEI policies and programs. Senate Enrolled Act 289 prohibits public institutions from taking actions based on an individual's "personal characteristic," such as race, religion, color and sex.
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