Indiana AG warns private universities their DEI policies may violate state, federal law

Indiana Attorney General Todd Rokita has warned two private universities about potential violations of state and federal law stemming from their Diversity, Equity and Inclusion (DEI) policies.

In a press release on Wednesday, the attorney general’s office said Rokita had sent letters to Butler University and DePauw University. 

The two letters are dated May 28 and request a response by June 27; Rokita also sent a similar letter to the University of Notre Dame on May 9.

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Rokita specifically references the Supreme Court’s 2023 decision, Students for Fair Admissions v. Harvard, which ruled that race-based affirmative action in college admissions was unconstitutional.

“The U.S. Supreme Court has made clear that racial discrimination of any kind in our education system is repugnant to our civil rights laws, even if done supposedly to help groups claimed to be disadvantaged or underrepresented,” Rokita says in the press release. 

“Hoosiers are rightfully concerned that some education institutions treat students, faculty, staff and others differently based on race under the guise of DEI,” he continues. “We are investigating to determine whether universities’ DEI programs are consistent with the law.”

In his Jan. 21 executive order against DEI at institutions receiving federal funding, President Trump labeled DEI “illegal discrimination.” However, both Butler and DePauw continue to operate DEI offices.

In addition to citing federal law, Rokita cites state civil rights law prohibiting racial discrimination.

“In Indiana, a person’s race or the color of his skin is not a lawful basis on which to make hiring, promotion, admissions, or other student or employment related decisions,” the letters say. “Our State’s laws plainly demonstrate that Indiana ‘has a fundamental, overriding interest in eradicating racial discrimination in education.’”

Rokita has also requested “documents and communications” explaining various measures, including how the university plans to abide by the Supreme Court’s affirmative action decision.

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According to a university spokesman, Butler has received the letter and plans to respond before the attorney general’s deadline.

“Butler University is in receipt of a communication from the Office of the Attorney General and is currently reviewing the requests,” the university said in a statement to Campus Reform. “The University takes seriously its commitment to compliance with all state and federal laws and will respond to the Office of the Attorney General within due time.”

Campus Reform has also contacted DePauw University for comment. This article will be updated accordingly.