Universities could risk losing their access to federal funding if they are found to be ‘discriminating against their students,’ the Department of Justice said.
The Department of Justice (DOJ) said on May 19 that it has launched the “Civil Rights Fraud Initiative” to investigate and potentially punish federally funded institutions whose policies promote diversity, equity, and inclusion (DEI), as well as anti-Semitism.
In a memo, Deputy Attorney General Todd Blanche said the department is committed to enforcing federal civil rights laws and ensuring equal protection under the law, adding that this could be accomplished through “vigorous enforcement” of the False Claims Act against institutions that violate those laws.
The False Claims Act is a federal law that holds a person liable for defrauding the government. It also allows private citizens to sue on behalf of the government, known as qui tam suits, and potentially receive a portion of recovered funds.
The memo stated that any federally funded university that “encourages antisemitism, refuses to protect Jewish students, allows men to intrude into women’s bathrooms, or requires women to compete against men in athletic competitions” could violate the False Claims Act.
Colleges and universities risk losing their access to federal funding if they are found to be “discriminating against their students” through anti-Semitism and DEI policies, according to the memo.
The initiative will be co-led by the DOJ’s Civil Fraud Section, which enforces the False Claims Act, and the Civil Rights Division, which enforces civil rights laws. The divisions will cooperate with other federal agencies to identify institutions that violate the law.
Blanche said that each division will assign a team of attorneys to “aggressively pursue” investigations, and each of the country’s 93 U.S. attorneys’ offices will need to designate an assistant U.S. attorney to support these efforts.
“America has watched a tidal wave of anti-Semitism sweep our universities and seen public institutions codify inherently divisive policies like DEI at an unprecedented rate,” he said in a statement. “The days of using federal funds to further discrimination are over.”
