Indiana AG demands DEI records from Notre Dame, Butler University

Indiana Attorney General Todd Rokita issued Civil Investigative Demands (CIDs) to the University of Notre Dame and Butler University, requesting records tied to their Diversity, Equity, and Inclusion (DEI) initiatives.

The move comes after both universities did not provide the sufficient materials that were requested in May letters seeking information about their DEI policies and potential state law violations, according to an Aug. 14 news release.

“Racial discrimination of any kind in educational settings violates fundamental moral and legal principles that are enshrined in state law,” said Rokita. “Nonprofit universities that flout those principles and pursue race-based DEI initiatives may jeopardize their nonprofit status or face other state law penalties.”

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The demands aim to determine whether the schools’ DEI policies and practices violate their nonprofit statuses, as well as the state’s False Claims Act and the Deceptive Consumer Sales Act.

“Notre Dame and Butler were given ample time to address the concerns of many by responding to questions about their DEI practices, but they failed to provide anything meaningful,” Rokita stated. “Just because the universities say they are complying with state law does not make it so.”

Materials on the universities’ websites suggest race-conscious policies in admissions, hiring, and resource allocation, the news release explains.

In his May letters to Butler and Notre Dame, Rokita explained that, in the 2023 case of Students for Fair Admissions v. Harvard, the Supreme Court rejected the notion that race can be taken into account during admissions decisions, writing that universities should “never use race as a stereotype or negative.”

“Thus, virtually all forms of racial discrimination—even those employed in service of the interests of diversity, equity, and inclusion—are unlawful,” Rokita concluded.

Mark Apple, Butler’s director of strategic communications, told Campus Reform that Butler “does not treat individuals differently based on race or ethnicity.”

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“We are committed to ensuring that our policies and practices comply with federal and state laws,” Apple added. “Butler remains committed to our founding mission of providing equal access to education for all and fostering a learning environment where every student has the opportunity to succeed.”

This month, Notre Dame renamed its Center for Diversity, Equity, and Inclusion as the Sister Thea Bowman Center. However, the office continues offering DEI-based resources and programs such as the Diversity Council and the LGBT student group PrismND.

Campus Reform has contacted the University of Notre Dame for comment. This article will be updated accordingly.