“Bismarck State needs to extend the deadline for the upcoming tuition waiver program cycle so that students who did not apply because of the racial and ethnic barriers have a chance to apply [and] to retroactively apply tuition waivers to students who were excluded based on these racial and ethnic barriers.
”racially discriminatory programs done in the name of Diversity, Equity, and Inclusion. This discrimination comes in various ways, but the overarching theme is to exclude or diminish some people and promote others, based on race, color, or ethnicity.
BSC’s ongoing sponsorship and active promotion of a tuition reduction program for which eligibility depends on ethnicity and race violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution as well as Title VI of the Civil Rights Act of 1964 and its implementing regulations. See 42 U.S.C. § 2000d et seq.; 28 C.F.R. Part 100; see also Gratz v. Bollinger, 539 U.S. 244, 276 n.23 .
For Academic Year 2023-2024, the CDW program is available only to undergraduate students who identify as “African American/Black, Alaska Natives, Asian American, Hispanic, Native American, Native Hawaiian, Latino/a/x, Multiracial, and Pacific Islander.”5 A screen capture from an informational page about the CDW program on BSC’s website is reproduced below:
Accordingly, we respectfully ask that the Department of Education’s Office for Civil Rights impose remedial relief as the law permits for the benefit of those who have been illegally excluded from the CDW program based on discriminatory criteria, and that it ensure that all ongoing and future programming through BSC comports with the Constitution and federal civil rights laws.
The Legal Insurrection Group has filed numerous lawsuits against universities in other states challenging similar policies. The initiative is in part a response to a federal Supreme Court ruling this summer which outlawed race as a consideration in college admissions. Some conservative groups believe the same legal reasoning should be applied to other programs.
Section 820.1, approved on August 1, 2021, grants schools the ability to develop tuitions and waivers to create a culturally diverse student body.
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