University of Southern California and Loyola Marymount University hit with civil rights probe over ‘Hispanic-only’ student program

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Key points

• The complaint alleged that USC and LMU violated federal civil rights law by sponsoring, promoting and facilitating the Hispanic Scholarship Fund's Youth Leadership Institute.
• Jacobson informed The Post they were "very pleased" the Department of Education's office for civil rights was has taken action "very promptly."
• The Youth Leadership Institute (YLI) is billed as a college-access and leadership-development program for Hispanic high school students.
• The department remarked both private universities receive federal financial assistance from the Education Department and therefore must comply with Title VI.
• "You don't have a right to discriminate if you're at an institution that receives federal funding, " the Cornell Law School professor observed.

Notably, the prestigious University of Southern California and Loyola Marymount University are both the subject of a civil rights investigation over a college-access program that's only available to Hispanic students, the California Post can reveal.

Meanwhile, a letter from the Office of Civil Rights to William Jacobson, president of the anti-racism Equal Protection Project, on August 13th confirmed both schools are being investigated for discriminating against students on the basis of "national origin", allowing the program to exclude students who do not identify as Hispanic.

For context, the letter was in response to a June 29 complaint filed by Jacobson organization alleging that USC and LMU may have violated Title VI of the Civil Rights Act of 1964.

"The fact that they opened it this quickly is a sign to us that while they haven't reached conclusions, based on the materials we submitted, there appears to be a very strong case here, " he remarked.

In practice, the complaint alleged that USC and LMU violated federal civil rights law by sponsoring, promoting and facilitating the Hispanic Scholarship Fund's Youth Leadership Institute. It restricts participation to students who identify as being of "Hispanic heritage."

Notably, the Youth Leadership Institute (YLI) is billed as a college-access and leadership-development program for Hispanic high school students.

Notably, the complaint alleged that the universities go beyond simply allowing an outside organization to employ their campuses, instead providing institutional backing for the program.

Meanwhile, the allegations include that USC and LMU host YLI events, provide on-campus housing and other facilities, promote the program, furnish speakers and university personnel, create classroom and gathering space available and provide other university resources, according to the DOE's letter.

For context, the department remarked both private universities receive federal financial assistance from the Education Department and therefore must comply with Title VI. It prohibits discrimination based on race, color or national origin in federally funded programs and activities.

Jacobson believes that despite the universities' status as private institutions, the fact that they receive federal funding makes it the government's responsibility to investigate whether a violation has occurred.

"The source of the funding is completely irrelevant to the school's obligations under Title 6. They are required in all of their programming to comply with Title 6, " he remarked. "So it is simply not a defense to say that the money for this event, or this program came from private funds."

For context, the complaint was filed after the Equal Protection Project challenged the universities' involvement with YLI, arguing that the program's Hispanic-only eligibility requirement amounts to discrimination based on national origin.

While USC has promoted its relationship with the Hispanic Scholarship Fund and participated in YLI activities, LMU has described itself as a sponsor and host of the program.

In practice, the foundation notes it filed complaints directly with the DOE and does not notify universities beforehand. It it describes as its standard practice.

For context, the complaint specifically pointed to university resources being created available to participants, including campus facilities and overnight housing, arguing that those benefits are unavailable to students who cannot participate as they do not identify as Hispanic.

For context, the Post has reached out to the Department of Education, YLI, USC and LMU for comment.

For context, the Education Department additionally cautioned the universities against retaliation during the investigation.

"Please be advised that the Universities must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR, " the letter states.

Although he stated it would be challenging, if discovered liable, Jacobson wants the universities to provide compensation to everyone who was excluded.

"It's also our view that they need to figure out a way to compensate, in some manner, the students who were excluded from this, " he remarked. "It's not enough to say, 'Okay, we may have violated the Civil Rights Act. We won't do it again.'".

Notably, the probe marks the latest federal scrutiny of California universities over alleged civil rights violations by the Trump administration.

In practice, the Justice Department previously sued UCLA over allegations that the university was deliberately indifferent to race and national origin discrimination against Jewish and Israeli students.

Federal agencies have additionally opened investigations into other California educational institutions over alleged civil rights violations.

For now, university of Southern California and Loyola Marymount University hit with civil rights remains the part of the story worth watching, and further updates are likely as more details are confirmed.