Florida State University (FSU) is the subject of a federal civil rights investigation into 32 scholarships that are accused of discriminating against students based on race or sex. The U.S. Department of Education's Office for Civil Rights initiated the investigation following a July complaint filed by the Equal Protection Project (EPP).
The investigation will determine whether FSU violated Title VI of the Civil Rights Act by discriminating on the basis of race, color, or national origin, and Title IX by discriminating on the basis of sex. The Department of Education confirmed FSU's receipt of federal financial assistance, obligating compliance with both statutes.
William Jacobson, founder and president of the EPP and a Cornell Law professor, stated that FSU possesses one of the largest concentrations of allegedly discriminatory scholarships his organization has encountered. The EPP has challenged over 290 colleges and universities nationwide. Jacobson expressed surprise at the number of such scholarships at FSU, given Florida's enacted measures to reduce diversity, equity, and inclusion (DEI) initiatives and discrimination in higher education.
The EPP's complaint, which spans 34 pages, identifies 14 scholarships allegedly discriminating based on race, color, or national origin; 13 based on sex; and five based on both. Among the cited programs is the Crockett Family Fund for Excellence, where the donor expressed a preference for an African American or Black recipient. The Crossman Career Builders Scholarship reportedly has a donor preference for a Black or African American, Hispanic, or Seminole Tribe female student. The Disciples of the Diamond Spring 81 Scholarship includes a preference for an African American male.
FSU has stated that all students are eligible to apply for and receive the scholarships in question. The university asserts that while donors may express preferences, these do not establish eligibility requirements. FSU maintains that these scholarships are funded by private donations, not institutional funds, and that all applicants are evaluated equally based on merit, without regard to donor preferences.
Jacobson, however, argued that FSU remains legally responsible for scholarships promoted and awarded through its system, regardless of donor preferences. "They try to couch this in terms of offloading the blame onto the donor," Jacobson said. "These are scholarships promoted by and awarded through the Florida State University system. Legally, they are responsible."
The Department of Education has not made any determination that FSU has violated federal law. The Office for Civil Rights emphasized that opening an investigation does not imply a finding on the merits of the complaint. The agency will act as a neutral fact-finder, gathering and analyzing evidence from FSU, the complainant, and other sources.
Jacobson described the initiation of a formal investigation as a significant preliminary step. The EPP's complaint asserts that the scholarships violate Title VI, Title IX, and the Equal Protection Clause of the 14th Amendment, as well as Florida law and FSU's nondiscrimination policy. These claims are now subject to the investigation.
The EPP is not seeking to eliminate the scholarships but rather the alleged discrimination. "We want the discrimination disbanded and shut down. Keep the funding, give the students the money, but give everybody a fair shot," Jacobson stated.
The EPP has also urged Florida Attorney General James Uthmeier and Governor Ron DeSantis' administration to review these scholarship programs.