The Department of Education’s Office for Civil Rights has opened formal investigations into the University of Southern California and Loyola Marymount University over their support for a Hispanic-only student program.
William Jacobson, president of the Equal Protection Project, received an August 13 letter from OCR confirming both private California universities are being probed for national origin discrimination. The investigation stems from a June 29 complaint filed by Jacobson’s organization alleging violations of Title VI of the Civil Rights Act of 1964.
Jacobson told The Post he was “very pleased” with the government’s swift action. “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 said.
The complaint targets USC and LMU’s involvement with the Hispanic Scholarship Fund’s Youth Leadership Institute, a college-access and leadership-development program that restricts participation to students of “Hispanic heritage.” The Equal Protection Project alleges the universities go far beyond merely allowing an outside group to use their campuses.
According to the DOE letter, 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, make classroom and meeting space available, and provide other university resources. The department noted both private universities receive federal financial assistance and therefore must comply with Title VI, which bars discrimination based on race, color or national origin in federally funded programs.
Jacobson, a Cornell Law School professor, maintained that funding source is irrelevant to Title VI obligations. “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 said. “So it is simply not a defense to say that the money for this event, or this program came from private funds.”
“You don’t have a right to discriminate if you’re at an institution that receives federal funding,” Jacobson noted.
The complaint specifically highlighted that university resources including campus facilities and overnight housing are made available to YLI participants, benefits unavailable to students excluded due to non-Hispanic identity. LMU has described itself as a sponsor and host of the program, while USC has promoted its relationship with the Hispanic Scholarship Fund and participated in YLI activities.
The Equal Protection Project said it filed complaints directly with the DOE without notifying universities beforehand, calling this its standard practice.
In the viral moment that triggered the legal challenge, the Youth Leadership Institute’s Hispanic-only eligibility requirement drew scrutiny from Jacobson’s group, which argued the restriction amounts to national origin discrimination. The program is billed as serving Hispanic high school students with college access and leadership development.
The Education Department’s letter also warned both 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.
If found liable, Jacobson wants the universities to compensate excluded students, though he acknowledged the difficulty. “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 said. “It’s not enough to say, ‘Okay, we may have violated the Civil Rights Act. We won’t do it again.'”
The probe adds to growing federal scrutiny of California universities under the Trump administration. The Justice Department previously sued UCLA over allegations of deliberate indifference to discrimination against Jewish and Israeli students, and federal agencies have opened other civil rights investigations into California educational institutions.