The U.S. Department of Education has initiated a civil rights investigation into UC Berkeley, examining three student programs and two scholarships for alleged discrimination based on race, color, or national origin. The probe, disclosed in a letter from the department’s Office for Civil Rights, stems from a complaint filed in February.
The investigation targets the African American Student Development Office, the Black Resource Center, the Latinx Student Resource Center, the African American Initiative Scholarship, and the Lloyd A. Edwards Scholarship. The complaint argues that the names and descriptions of the programs may discourage students outside of the specified racial or ethnic groups from participating, and that the scholarships have eligibility criteria that exclude applicants based on race, color, or national origin.
William A. Jacobson, president of the Legal Insurrection Foundation, which filed the complaint, emphasized the seriousness of an open investigation, stating that it indicates the department views the allegations as significant. He argued that even if a program is marketed in a discriminatory manner, it can constitute a violation regardless of whether individuals are physically turned away.
UC Berkeley issued a statement asserting its commitment to a discrimination-free learning environment. The university noted that the two scholarships in question are funded by outside sources, not by the university or public funds. For scholarships administered by UC Berkeley, the university claims award amounts are determined without regard to a student’s race, gender, or other identity characteristics. The university also stated that its student resource centers are open to all students and that it continues to comply with federal law.
Jacobson countered that UC Berkeley, as a public university, must adhere to the 14th Amendment’s equal protection clause, irrespective of funding sources. He maintained that if programs are facilitated or promoted by the university, they must comply with Title VI of the Civil Rights Act and cannot discriminate on the basis of race, color, or national origin.
The department’s letter, signed by OCR Chief Attorney Anamaria Loya, also warned the university against retaliation towards those involved in the investigation.
This federal action follows California voters' rejection in 2020 of Proposition 16, which sought to repeal Proposition 209—a 1996 measure that banned the use of race in public university admissions and hiring, and prohibits preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting.
The Berkeley investigation is part of a broader federal review of California's public universities, including previous probes into admissions policies at Stanford, UC Berkeley, UCLA, and UC Irvine initiated in March 2025. The Legal Insurrection Foundation has been active in challenging race-based campus programs nationwide, leading to the renaming of many such programs.