The US Departments of Education (DOE) and Health and Human Services (HHS) have initiated civil rights investigations into Duke University, alleging the institution has incorporated race-based criteria across various operational areas, potentially violating federal anti-discrimination laws.

The focus of these inquiries surrounds the use of racial considerations in the processes of student journal selection, medical admissions, staff hiring, and educational programming. Such actions may infringe upon Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act, which collectively prohibit racial discrimination in educational and health care settings receiving federal funds.

Specifically, the DOE's Office for Civil Rights (OCR) is scrutinizing the Duke Law Journal after revelations that its 2024 editor selection process may have favored applicants based on racial or ethnic identities. Reports indicate that a special grading rubric, which was allegedly shared only with members of affinity groups, encouraged reviewers to award additional points for applicants' personal statements that demonstrated membership in underrepresented groups or leadership in affinity organizations.

Simultaneously, HHS OCR has launched a broader examination into Duke Health, which includes the Duke University School of Medicine and its affiliated programs and research initiatives. The investigation aims to determine the presence of "systemic racial discrimination" by reviewing how race factors into their operational and administrative decisions.

In a significant move, Education Secretary Linda McMahon and HHS Secretary Robert F. Kennedy Jr. have jointly demanded Duke University to establish a "Merit and Civil Rights Committee." This committee would have substantial oversight powers granted by the university's Board of Trustees to ensure compliance with federal civil rights statutes. Their letter underscores that any preferential treatment based on immutable characteristics like race contradicts the foundational principles of equal protection under the law.

These investigations align with the objectives of Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," which instructs federal agencies to eliminate race-conscious policies within education and health care sectors.

Should Duke University be found in violation of these federal statutes, it risks severe repercussions, including the potential loss of federal funding, which could significantly impact its educational and health care operations. The university has been given a deadline by HHS to submit relevant documents, marking the beginning of a potentially lengthy legal and administrative review process.