The US Departments of Education (DOE) and Health and Human Services (HHS) launched parallel civil rights investigations into Duke University on Monday, citing potential violations of key federal anti-discrimination statutes.
The investigations center on allegations that Duke has used race-based criteria in student journal selection, medical admissions, hiring, and programming. The agencies suggest that these practices may contravene both Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act.
The DOE’s Office for Civil Rights (OCR) opened an investigation into the Duke Law Journal following reports that its 2024 editor selection process awarded additional points to applicants based on their racial or ethnic identity. A supplemental grading rubric, reportedly distributed only to members of affinity groups, instructed reviewers to consider whether an applicant’s personal statement reflected “membership in an underrepresented group” and “leadership in an affinity organization.”
Federal investigators will examine whether these criteria constitute unlawful discrimination under Title VI, which prohibits race-based exclusions or benefits in federally funded education programs.
Simultaneously, HHS OCR has initiated a broader inquiry into Duke Heath, which encompasses the Duke University School of Medicine, associated health programs, and research. The agency cites “systemic racial discrimination” and is investigating under both Title VI and Section 557, the latter of which extends anti-discrimination protections to health care programs receiving federal assistance. HHS has given Duke Health 20 business days to respond to a formal request for documents.
In a joint letter sent to Duke’s leadership, Education Secretary Linda McMahon and HHS Secretary Robert F. Kennedy Jr. demanded the university undertake sweeping reforms. They called for the immediate establishment of a “Merit and Civil Rights Committee” vested with authority from the Board of Trustees to oversee Duke’s compliance with federal civil rights laws. The letter emphasized that any policies giving preference based on “immutable characteristics,” such as race or ethnicity, are inconsistent with constitutional guarantees of equal protection and statutory mandates of nondiscrimination.
The investigation is part of a broader enforcement campaign under Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs federal agencies to root out race-conscious policies in education and health care.
If violations are confirmed, Duke could face severe penalties, including loss of federal funding.