Tulane University is under two investigations for violating Title VI of the Civil Rights Act of 1964 regarding its handling of campus antisemitism last year, and for its partnership with the PhD project, a nonprofit that aims to promote diversity in graduate programs.
The investigations, led by the U.S. Department of Education, put Tulane at risk of losing millions of dollars in federal funding.
The investigations follow the Trump administration’s recent executive orders related to cracking down on antisemitism and eliminating diversity, equity and inclusion in higher education.
According to Tulane spokesperson Michael Strecker, the university ended its partnership with the PhD Project and has never hired any faculty through the program.
Title VI of the Civil Rights Act outlaws discrimination based on race, color or national origin in programs receiving federal financial assistance.
Tulane received a letter from the Office for Civil Rights on March 10 stating that the university is under investigation for alleged “relentless antisemitic eruptions” and not upholding protections for Jewish students.
“The Department is deeply disappointed that Jewish students studying on elite U.S. campuses continue to fear for their safety amid the relentless antisemitic eruptions that have severely disrupted campus life for more than a year. University leaders must do better,” U.S. Secretary of Education Linda McMahon said in a statement.
“If there’s harassment of Jewish students at schools […] and it’s just being tolerated on campuses in a way that wouldn’t be tolerated for a lot of other minority groups, I think that it is justified to investigate that,” senior Maayan Aizenberg said.
The letter is based on a complaint made against Tulane in December 2023 for allegedly failing to protect Jewish students from incidents of harassment after a series of pro-Palestine protests on campus.
In response to the complaint in December, Tulane implemented policies such as mandatory antisemitism training to ensure the protection of Jewish students.
“There are people on these campuses that could have committed antisemitic acts, but alleging that the university itself committed antisemitic acts is a whole other story … They’re using their beliefs about what Tulane should have done as a springboard to say that the university itself discriminated,” Stephen Griffin, W.R. Irby Chair and Rutledge C. Clement Jr. professor in constitutional law, said.
GeDá Herbert, a visiting clinical assistant professor of law, said that threatening to revoke federal funding for alleged Title VI violations is not common practice.
“Typically it’s not the first step from the federal government to penalize the [university], it’s to instruct the [university] on how to fix their actions. It’s only when the [university] does not follow through with those directives that penalties can come, such as a lawsuit or loss of funding,” Herbert said.
According to Herbert, Title VI investigations can be costly for universities, leading many institutions to enter into agreements, or settlements, with the Department of Education. University settlements for Title VI investigations typically involve implementing policies and procedures that remedy discrimination without admitting liability.
“They’re cutting lawyers from the [Office for Civil Rights], so I’m a little more concerned than normal. The White House is directing policy here, not the Department of Education, which is being dismantled right in front of us,” Griffin said.
If the university chooses not to enter into a settlement and the federal government finds instances of discrimination, the U.S. Department of Justice generally issues the school directives in order to avoid the cancellation of federal funding. Universities also have the option to appeal the findings of the Office for Civil Rights’ investigations.
If Tulane fights the investigation, Griffin said it will likely eliminate the chance of future government grants for the rest of the Trump administration.
“It doesn’t help anyone who is Jewish to have their funding cut off … You want to be encouraging [the] university to do the right thing, not pointing a gun at their heads,” Griffin said.
Tulane has not reached any settlement in either investigation, Strecker said.
“It is really important for all universities, but particularly private ones, to take a moment and assess their values, their mission and ensure that they do not sway from that out of fear of backlash or attacks,” Herbert said.
The Office for Civil Rights sent 45 universities, including Tulane, a memo on Feb. 14 stating that any program utilizing race-based decision-making following 14 days of the letters’ distribution would risk the loss of federal funding.
The memo accused diversity, equity and inclusion efforts of being discriminatory and stressed that federal law prohibits entities from using race in decisions pertaining to “admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing [and] graduation ceremonies.”
On March 13, Tulane President Michael Fitts released a statement announcing that the university’s former Office of Equity, Diversity and Inclusion has been replaced with the Office of Academic Excellence and Opportunity.
Fitts referenced the $320 million of federal funding at risk as a motivation for the shift.
“This federal support has allowed faculty at Tulane to make path-breaking discoveries that create better health outcomes, save lives, advance science and technology, create innovation and support economic development. Federal funding also provides financial aid, loans, work-study programs and other forms of support that make a Tulane education possible for thousands of students,” Fitts’ statement said.
The statement said that leaders from across the university are meeting with students, faculty and academic units to lay the groundwork for the newly formed Office of Academic Excellence and Opportunity.
“It’s an extremely serious matter for the university. It’s like there’s a knife at our throat,” Griffin said.
