Education Department probes Duke Law Journal over racial bias allegations

The Department of Education announced on Monday that it is launching an investigation into Duke University and Duke Law Journal over alleged racial biases in selecting new editors.

The Department of Education’s Office for Civil Rights (OCR) cited reports that the Law Journal circulated a packet to school “affinity groups” in 2024 regarding the application process to join the Journal in the new year. Each applicant was asked to write a 12-page memo analyzing an appellate court decision and a 500-word personal statement which would be judged on a points-based grading system along with their first-year GPA.

However, applicants from these “affinity groups” were reportedly given the opportunity to receive extra points if their statements referenced their “race or ethnicity” and up to 10 points for describing how their “membership in an underrepresented group” promoted “diverse voices.”

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The OCR believes that this action could be a potential violation of Title VI of the Civil Rights Act of 1964.

“If Duke illegally gives preferential treatment to law journal or medical school applicants based on those students’ immutable characteristics, that is an affront not only to civil rights law, but to the meritocratic character of academic excellence,” Secretary of Education Linda McMahon said in a statement. “Blatantly discriminatory practices that are illegal under the Constitution, antidiscrimination law, and Supreme Court precedent have become all too common in our educational institutions. The Trump Administration will not allow them to continue.”

McMahon, along with Secretary of Health and Human Services Robert F. Kennedy Jr., sent a joint letter to Duke University requesting the school “review all policies and practices at Duke Health for the illegal use of race preferences, take immediate action to reform all of those that unlawfully take account of race or ethnicity to bestow benefits or advantages, and provide clear and verifiable assurances to the government that Duke’s new policies will be implemented faithfully going forward—including by making all necessary organizational, leadership, and personnel changes to ensure the necessary reforms will be durable.”

The department is also requesting Duke University set up a “Merit and Civil Rights Committee” to help resolve further civil rights violations.

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Fox News Digital reached out to Duke University and Duke Law Journal for comment but did not immediately receive a response.

Duke University has come under fire multiple times for racial preferences and pushes for diversity, equity and inclusion (DEI) in the past year.

Last year, Fox News Digital reported on a 2021 plan titled “Dismantling Racism and Advancing Equity, Diversity and Inclusion in the School of Medicine” for Duke Medical School. The guide called out standards such as dress codes, timeliness and individualism as examples of “White supremacy culture.”

Dr. Kendall Conger also told Fox News Digital in 2024 that he was fired from Duke University’s health system after speaking against the university’s pledge against racism, which called racism a “public health crisis.”

“It wasn’t so much a pledge to better medicine, but a pledge to left-wing ideology. And so, I felt if I did not say anything, I was giving tacit approval to what was in the pledge,” Conger said at the time.