The US Department of Education has determined that George Mason University (GMU) violated the Civil Rights Act of 1964, specifically Title VI, by allegedly considering race, sex, and other immutable characteristics in its hiring and promotion practices. This announcement was made on October 20, 2023, by the department’s Office for Civil Rights (OCR).
Acting Assistant Secretary for Civil Rights, Craig Trainor, stated that GMU’s administration has engaged in practices that are against federal law. He referenced a statement made by University President Gregory Washington in 2020, in which Washington called for the removal of what he termed “racist vestiges” from the university’s campus. Trainor asserted that Washington subsequently led a university-wide initiative that implemented policies prioritizing diversity, equity, and inclusion (DEI) in a manner that allegedly discriminates based on race.
The OCR’s findings come amid a broader trend under the Trump administration, which has actively scrutinized DEI programs in educational institutions. Trainor emphasized that the Department of Education will not permit racially exclusionary practices that violate the Civil Rights Act, the Equal Protection Clause, and Supreme Court precedents to persist within the nation’s educational systems.
In response to the allegations, GMU’s Board of Visitors acknowledged the seriousness of the situation. The Board stated that it is currently reviewing the specific resolution steps proposed by the Department of Education. They expressed their commitment to cooperating fully with inquiries from the Department of Education, the Department of Justice, and the U.S. House of Representatives, emphasizing their fiduciary duty to act in the best interests of the university and the people of the Commonwealth of Virginia.
The resolution proposed by the Department of Education includes a comprehensive review of GMU’s policies and the removal of any provisions that consider race in hiring or promotion. Furthermore, the OCR has requested that President Washington provide a personal apology for the university’s actions.
The investigation was prompted last month following complaints from multiple professors regarding GMU’s hiring practices, which allegedly favored candidates based on diversity criteria. These complaints included concerns over the establishment of a Task Force on Anti-Racism and Inclusive Excellence, which aimed to advance policies promoting systemic and cultural anti-racism.
This situation illustrates the ongoing tensions surrounding DEI initiatives in educational institutions, particularly as federal agencies intensify their scrutiny of such programs across the country. In a related matter, federal investigations have also been launched into other universities, such as Duke University, over similar allegations of race-based criteria in admissions, hiring, and other practices.
The outcome of the Department of Education’s inquiries at George Mason University may set significant precedents for how universities approach diversity and inclusion moving forward. As the investigation progresses, the implications for GMU and other institutions under similar scrutiny remain to be seen.
