ED, HHS Launch Title VI Investigations of Harvard University and Harvard Law Review Amid Allegations of Discriminatory Practices

Federal Investigations Probe Reports of Race-Based Criteria Used in Lieu of Merit-Based Standards for Journal Membership and Article Publication

Today, the civil rights offices of both the U.S. Department of Education (ED) and the U.S. Department of Health and Human Services (HHS) announced investigations into Harvard University and the Harvard Law Review based on reports of race-based discrimination permeating the operations of the journal. The investigations are in response to information ED and HHS received about policies and practices for journal membership and article selection that may violate Title VI of the Civil Rights Act of 1964 (Title VI).

ED and HHS each enforce Title VI, which prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin in the recipient’s programs or activities. ED and HHS will examine Harvard’s relationship with the journal, including financial ties, oversight procedures, and selection policies and other documentation for both membership and article publication.

“Harvard Law Review’s article selection process appears to pick winners and losers on the basis of race, employing a spoils system in which the race of the legal scholar is as, if not more, important than the merit of the submission,” said Acting Assistant Secretary for Civil Rights Craig Trainor. “Title VI’s demands are clear: recipients of federal financial assistance may not discriminate on the basis of race, color, or national origin. No institution—no matter its pedigree, prestige, or wealth—is above the law. The Trump Administration will not allow Harvard, or any other recipients of federal funds, to trample on anyone’s civil rights.”

“Law journal membership and publication are crucial achievements that build momentum for law students’ careers and shape legal scholarship,” said Anthony Archeval, Acting Director of HHS Office for Civil Rights. “This investigation reflects the Administration’s common-sense understanding that these opportunities should be earned through merit-based standards and not race.”

Background:

ED’s and HHS' OCR investigations are being conducted pursuant to Title VI of the Civil Rights Act (1964), which prohibits discrimination on the bases of race, color, and national origin in education programs and activities receiving federal funding. Institutions’ violation of Title VI can result in loss of federal funds.

The Harvard Law Review’s editor reportedly wrote that it was “concerning” that “[f]our of the five people” who wanted to reply to an article about police reform “are white men.” Another HLR editor suggested “that a piece should be subject to expedited review because the author was a minority.” The allocation of opportunities or recognition based on race can deprive other students of educational opportunities to which they would be entitled by merit, which is unacceptable for recipients of federal funding.