Dept. of Justice Confirms Investigation Into Affirmative Action at Harvard University

CAMBRIDGE, MA - After two watchdog groups filed a Freedom of Information Act (FOIA), the Dept. of Justice on Wednesday confirmed they have initiated an investigation into Harvard’s admissions procedures.

The FOIA request, jointly submitted by American Oversight and the Lawyers’ Committee for Civil Rights Under Law on Sept. 1, seeks information on affirmative action cases at Harvard University and the University of North Carolina in Chapel Hill (UNC).

The FOIA response does not specifically mention Harvard University, but it does specify that there were no “responsive documents” about any kind of “investigation of admissions policies, practices, procedures or criteria” at UNC.

On Thursday, Harvard University spokesperson Rachel Dane issued a statement from the Cambridge school.

“To become leaders in our diverse society, students must have the ability to work with people from different backgrounds, life experiences and perspectives. Harvard remains committed to enrolling diverse classes of students. Harvard’s admissions process considers each applicant as a whole person, and we review many factors, consistent with the legal standards established by the U.S. Supreme Court.”

The request followed a New York Times report in August that said the Trump administration intended to up the Justice Department’s efforts to target universities whose admissions policies it deemed discriminatory against white applicants.

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Following the Times report, Justice Department spokesperson Sarah Isgur Flores said in a statement that the investigation would likely focus on complaints that were filed accusing Harvard of discriminating against Asian Americans in its undergraduate admissions processes.

“This Department of Justice has not received or issued any directive, memorandum, initiative, or policy related to university admissions in general,” Flores's statement read.

The 2015 complaint alleges that Harvard and other Ivy League colleges deny Asian-American applicants with “almost perfect” SAT scores, “top 1% GPAs,” and “significant awards or leadership positions,” while applicants of other races have been admitted. In July of 2015, the U.S. Department of Education dismissed the suit

“This Department of Justice has not received or issued any directive, memorandum, initiative, or policy related to university admissions in general,” according to Flores's statement.

In a post Wednesday, staff at American Oversight noted that the DOJ separately confirmed the investigation as well.

The FOIA response does not specifically mention Harvard University, but it does specify that there were no “responsive documents” about any kind of “investigation of admissions policies, practices, procedures or criteria” at UNC, the only other school.

In a post on American Oversight, President and Executive Director of the national Lawyers’ Committee for Civil Rights Under Law, Kristin Clarke, called the move by the Jeff Sessions-led DOJ an assault on racial diversity.

"This is a deeply troubling revelation that potentially threatens to undermine the educational opportunities of African Americans, Latinos and other racial minorities. It is truly shameful to see this Justice Department forging ahead with a baseless investigation into race-conscious admissions policies at our nation’s colleges and universities," she wrote. “This matter deserves further scrutiny by the Senate Judiciary Committee, which will vote this week on the nomination of Eric Dreiband to lead the Civil Rights Division. The fact that Mr. Dreiband failed to separate himself from or condemn the politically-charged investigations into affirmative action policies at colleges and universities makes his nomination even more concerning in light of this new information regarding the Department’s efforts.”

Executive Director of American Oversight, Austin Evers, called out the Trump Administration and Attorney General Jeff Sessions for "invoking civil rights only to further their own political agenda – not to provide equal protections for all Americans."

"It speaks volumes that Jeff Sessions’ Justice Department is prioritizing attacking affirmative action at a time when white nationalists are marching openly in the streets,” he wrote.

(Photo by Win McNamee/Getty Images)

U.S. Attorney General Jeff Sessions speaks at the Georgetown University Law Center September 26, 2017 in Washington, DC. Sessions spoke on the topic of free speech on college campuses and took several questions following his remarks.