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U.S. Department of Education
The U.S. Department of Education (the Department)’s Office for Civil Rights (OCR) opened two new investigations into Harvard University (Harvard) amid allegations that it continues to discriminate against students on the basis of race, color, and national origin in violation of Title VI of the Civil Rights Act of 1964 (Title VI).
OCR will investigate whether Harvard continues to use illegal race-based preferences in admissions despite the Supreme Court’s definitive ruling in Students for Fair Admissions v. Harvard. OCR will also investigate alleged ongoing antisemitic harassment on Harvard’s campus and the institution’s purported failure to protect Jewish students. The Trump Administration will evaluate both complaints and, if continued discrimination is found, take action to hold Harvard accountable for any illegal policies or actions.
OCR also issued a Letter of Impending Enforcement Action to Harvard today for its continued refusal to provide requested information relating to its admissions process. In May 2025, OCR opened a review to determine if Harvard is still using racial stereotypes and preferences in undergraduate admissions. Despite OCR’s repeated requests for data, Harvard has refused to provide responsive information, which is necessary for OCR to make a compliance determination. Harvard has 20 calendar days to comply with OCR’s information requests or the school will face enforcement actions, including referral to the U.S. Department of Justice.
“Harvard University should know better. Its name will always be tied to the landmark Supreme Court case that found sweeping racial discrimination in admissions and the campus has been in the spotlight for tolerating egregious antisemitic harassment for years now. OCR will investigate these complaints thoroughly,” said U.S. Secretary of Education Linda McMahon. “No one – not even Harvard – is above the law. If Harvard continues to stonewall as we try to verify its basic compliance with antidiscrimination statutes, we will vigorously hold them to account to ensure students’ rights are protected.”
Background
In Students for Fair Admissions v. Harvard (2023), the Supreme Court ruled that racial preferencing in college and university admissions is illegal under Title VI and the Equal Protection Clause of the Fourteenth Amendment.
The regulation implementing Title VI, at 34 C.F.R. § 100.6(b) and (c), requires that a recipient of federal financial assistance make available to OCR information that may be pertinent to reaching a compliance determination. By refusing to respond adequately to OCR’s interrogatories and documents requests, Harvard is violating its legal obligation. In September 2025, OCR issued a denial of access letter.
Title VI prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance.
Information source: US Department of Education
