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The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Denial of Access letter to Harvard University (Harvard), following Harvard’s continued refusal to provide documents and information as part of an OCR compliance review to determine if Harvard is illegally considering race in its undergraduate admissions process.
In May 2025, OCR opened its review to determine if Harvard is still using racial stereotypes and preferences in undergraduate admissions in violation of Title VI of the Civil Rights Act of 1964 (Title VI)’s prohibition on race-based discrimination. Although the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard found that Harvard had engaged in illegal racial preferences in admissions, reports suggest that the university continues to engage in unlawful racial discrimination in its admissions process.
Despite OCR’s repeated requests for data, Harvard has refused to provide the requested information necessary for OCR to make a compliance determination. Harvard now has 20 calendar days to provide OCR with the required information or face further enforcement action.
“The highest court in our nation ruled conclusively that Harvard was illegally using extreme racial preferencing in their admissions processes. The Department has both the right and responsibility to verify Harvard’s compliance with federal civil rights laws. For all their claims, they refuse to provide evidence necessary for the Department to make that determination. What are they hiding?” said U.S. Secretary of Education Linda McMahon. “No one – not even Harvard – is above the law, and we will not allow any institution to disregard its obligation to uphold students’ civil rights. The Trump Administration will continue to use all legal tools available to restore accountability and transparency to our nation’s institutions.”
Background
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 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.
Title VI prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance.
