OCR COMPLAINT: University of Southern Illinois Carbondale

On April 9, 2025, Defending Education (DE) brings this complaint against Southern Illinois University Carbondale (SIUC) for discrimination on the basis of race in programs or activities that receive federal financial assistance in violation of Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d et seq., Title IX of the Education Amendments of 1972 (Title IX), and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

Defending Education brings this complaint as an interested third-party organization with members who are parents and students throughout the country. DE and its members oppose, among other things, discrimination on the basis of race and sex in America’s K-12 schools and institutions of higher education. But SIU’s Vice Chancellor for Anti-Racism, Diversity, Equity and Inclusion lists 33 awards, funds, scholarships, fellowships, and internships that are only available to certain students based on race and/or sex, including but not limited to:

1. African-American Achievement Scholarship
2. Black Undergrad Education Scholarship
3. Diversifying Higher Education Faculty in Illinois (DFI)
4. Dr. Donald and Mrs. Frances Davenport Scholarship
5. Hispanic-American Fund
6. Hope and Opportunity Scholarship Fund
7. McDaniel Oats Memorial Scholarship
8. Phoenix Cannabis Production Scholarship
9. Roland Burris Financial Emergency Fund
10. SIUC Minority Scholarship Fund
11. Wrophas and Dianne Meeks Academic Excellence Scholarship
12. Beatrice and Bayard Scotland Scholarship
13. Connie Armstrong Memorial Scholarship
14. Genoeffa Scholarship Fund
15. Inspiring Women Scholarship
16. BECA Hispanica Scholarship
17. Dr. & Mrs. J.W. Barrow and Mr. & Mrs. W.O. Brown Women of Promise
18. Minnie Mae Pitikin Memorial Scholarship
19. Dr. Walter G Robinson, JR. Scholarship
20. College of Education African American Award
21. Elmer J. and Grace C. Clark Doctoral Scholar Award
22. Julius A. and Norma H. Johnson Scholarship
23. Rafi and Zoreh Endowed Scholarship
24. Rosemary Bryant Memorial Award
25. Dr. Cleveland and Mrs. Yvonne Hammonds Scholarship
26. Victor L. Davis Memorial Scholarship Fund
27. Aviation Management and Flight New Student Scholarship
28. Psychology Alumni Minority Grad Assistantship
29. Graduate Dean’s Fellowship
30. Alexander Lane Internship
31. Kenneth Brown Hope and Opportunity Scholarship Fund
32. Seymour and Marjorie Bryson Academic Achievement Scholarship
33. Seymour Bryson and Marjorie Bryson Resiliency Scholarship

The scholarships are administered through various departments at Southern Illinois University Carbondale.

The Vice Chancellor for Diversity, Equity and Inclusion administers the following programs, all of which appear to confer a financial benefit based at least in part on race or sex:

• African-American Achievement Scholarship: “Scholars must be full-time undergraduate students at SIU Carbondale who have completed a minimum of 30 hours (12 at SIUC), have a minimum GPA of 2.7, and a preference that the student be of African American heritage.”
• Black Undergrad Education Scholarship: “Scholarship fund established by The Black Alumni Group of the SIU Alumni Association at the Southern Illinois University Foundation to be used for the benefit of African-American students at Southern Illinois University Carbondale.”
• Diversifying Higher Education Faculty in Illinois (DFI): “A DFI Fellow must be an Illinois resident and U.S. citizen or lawful permanent resident alien who is a member of an Underrepresented Group. Black/African American, Hispanic American, Asian American, American Indian, Alaskan Native, and Native Hawaiian or other Pacific Islander. ‘Traditionally underrepresented minority group’ means any of the minority groups designated in the Public Act which are represented in Illinois post-baccalaureate enrollment at a percentage rate less than the minority group’s representation in the total Illinois population.”
• Dr. Donald and Mrs. Frances Davenport Scholarship: “To qualify, applicants must hold junior or senior status with a minimum cumulative GPA of 3.0 and have demonstrated financial need. Preference will be given to African American applicants.”
• Hispanic-American Fund: “Scholars must be full-time undergraduate students at SIU Carbondale who have completed a minimum of 30 hours (12 at SIUC), have a minimum GPA of 2.7, and a preference that the student be of Hispanic-American heritage.”
• Hope and Opportunity Scholarship Fund: “Scholarship will be open to all applicants with the following qualifications, regardless of race, color, religion, sex, national origin, disability, age or veteran status: 1) Preference will go to an African American, Hispanic, or woman in a non-traditional academic field; 2) Undergraduate student; 3) Good academic standing; 4) Financial need.”
• McDaniel Oats Memorial Scholarship: “The McDaniel Oats Memorial Scholarship will be open to all applicants with the following qualifications, regardless of race, color, religion, sex, national origin, disability, age or veteran status. 1) Preference will be given to an African American; 2) A resident of the Southern Illinois region as defined by the 34 most southern counties; 3) Accepted into the Special Education Department; 4) An undergraduate or graduate student; 5) Demonstrated financial need.”
• Phoenix Cannabis Production Scholarship: “Recipient must be in the Intensive Controlled-Environment Plant Production Certificate program. Preference will be given to an applicant who is African-American, Hispanic or other underrepresented population.”
• Roland Burris Financial Emergency Fund: “The Honorable Roland W. Burris has established this fund to assist students who face a financial emergency during their enrollment at Southern Illinois University Carbondale.… 1) Recipient shall be a matriculated full-time Southern Illinois University Carbondale student in good academic standing; 2) Recipients shall be from the Chicagoland area or from Southern Illinois (south of I70); 3) Preference may be given to Black American students; 4) Applicants must provide, in 250 typed words or less, specific details explaining the emergency situation.
• SIUC Minority Scholarship Fund: “Scholars must be full-time undergraduate students at SIU Carbondale in good standing with the University; have successfully completed one semester of school; and a preference that the student be a member of a minority group.”
• Wrophas and Dianne Meeks Academic Excellence Scholarship: “To qualify, applicants must have a minimum GPA of 3.0, be of African-American heritage, and completed a minimum of 45 credit hours at SIU Carbondale.”

The Enrollment Management Department administers the following likewise discriminatory programs:

• Beatrice and Bayard Scotland Scholarship: “Awarded to a female student with a minimum GPA of 3.0.”
• Connie Armstrong Memorial Scholarship: “Awarded to a student with a sophomore class status or higher and has a cumulative GPA of 3.0/4.0. Preference will be given to students who are residents of Perry County, Illinois. If there are no qualified applicants from Perry County, Illinois, preference will then be given to students who are residents of Caruthersville, Missouri. Preference will be given to female students, students who are parents, and students who possess physical disabilities.”
• Genoeffa Scholarship Fund: “Awarded to an outstanding female student who is an Italian immigrant or of Italian descent, who is a resident of the State of Illinois. Financial need shall not be considered in the selection of a recipient.”
• Inspiring Women Scholarship: “Preference will be given to a female student.”
• BECA Hispanica Scholarship: “Preference Hispanic students. Eligible recipients must demonstrate financial need and have at least a 2.0 GPA.”
• Dr. & Mrs. J.W. Barrow and Mr. & Mrs. W.O. Brown Women of Promise: “Preference shall be given to eligible women who: 1) have a record of leadership and service to their school or community; 2) have graduated in the top third of their class; 3) reside in the state of Illinois; 4) have a minimum ACT score of 24 or who have a minimum transferring GPA of 2.75.”
• Minnie Mae Pitkin Memorial Scholarship: “Recipient must be a female, junior, senior, or graduate student, majoring in Clothing and Textiles, Fashion Design Merchandising, Food and Nutrition, Home Economics, Home Economics Education, Human Nutrition & Dietetics, or Interior Design, with a cumulative GPA of 4.0.”
• Dr. Walter G Robinson, JR. Scholarship: “Ethnicity must contain Black, cumulative SIU GPA must be greater than or equal to 2.5, financial need greater than 0.”

The College of Education:

• College of Education African American Award: “Revenue from this fund may be used for an annual scholarship(s) to a student currently majoring in the College of Education who is an African American.”
• Elmer J. and Grace C. Clark Doctoral Scholar Award: “Income from this fund shall be used for an annual award to a doctoral student in the College of Education. All other qualifications being equal, preference shall be given to a minority or female student.”
• Julius A. and Norma H. Johnson Scholarship: “Scholarship to be paid in even years to a recipient in the College of Liberal Arts and in odd years to a recipient in the College of Education. Preference given to an African American undergraduate who: 1) is enrolled for major studies in the College of Liberal Arts or the College of Education; 2) is a participant in a varsity athletic program or in service to the University through extra-curricular activities; 3) is showing overall excellence in academic endeavors and in a varsity athletic program or University extra-curricular activities.”
• Rafi and Zoreh Endowed Scholarship: “The recipient must be in Education Administration and Higher Education, must have financial need. Preference given to international student.”
• Rosemary Bryant Memorial Award: “A recipient will be a woman beginning her junior year who plans to be a teacher and who is a graduate of a high school in the counties covered by Beta Delta Chapter: Franklin, Jackson, Perry, Randolph, and Williamson. This change will enable the recipient to apply for the organization’s grant at the state level.”
• Dr. Cleveland and Mrs. Yvonne Hammonds Scholarship: “Scholarship will be open to all applicants with the following qualifications regardless of race, color, religion, sex, national origin, disability, age, or veteran status: 1) Must be an undergraduate education major pursuing a career in K-12 counseling or teaching; 2) Must exhibit financial need; 3) Must be a resident of Illinois, Missouri, or Louisiana; 4) Must have a GPA of 2.5 or better; 5) Preference will be given to minority students; 6) Recipients may re-apply for the award the following year.”

The College of Health & Human Sciences:

• Victor L. Davis Memorial Scholarship Fund: “Preference shall be given to a student who: 1) Is in the Aviation Program; 2) Is of African-American descent; 3) Has financial need; 4) Is a sophomore or junior.”
• Aviation Management and Flight New Student Scholarship: “Scholarship will be open to all applicants with the following qualifications regardless of race, color, religion, sex, national origin, disability, age or veteran status. 1) 3.0 high school or transfer GPA; 2) Clearly stated interest in an aviation management career as represented in Aviation Flight and Aviation Management program application materials; 3) Preference is that half the money awarded each year will be presented to a qualified female or minority recipient with emphasis on recipients of non-traditional college age; 4) Recipients must be in the applicant pool for either the Aviation Flight or Aviation Management program(s) and considered to be an excellent program prospect.”
• Psychology Alumni Minority Grad Assistantship: “Preference is given to a minority student.”

The Graduate School:

• Graduate Dean’s Fellowship: “The Graduate Dean’s Fellowship is designed for individuals from underrepresented groups who have overcome social, cultural, or economic conditions…. Pursuant to Section 9.16 of the Board of Higher Education Act (110 ILCS 205), the Illinois Board of Higher Education currently defines underrepresented groups as a citizen or resident alien who identifies as African American, Hispanic or Latino, Asian-American, Pacific Islander, American Indian, Alaska Native, or an individual with a disability.”

The Paul Simon Public Policy Institute:

• Alexander Lane Internship Fund: “The Alexander Lane Internship program provides a paid student internship for a minority SIU student…. Undergraduate and graduate students from all academic backgrounds are eligible to apply. Applicants must have at least junior status (56 hours of courses completed). Students must also have a minimum 2.5 GPA. Preference is given to minority students.”

The Student Affairs Department:

• Kenneth Brown Hope and Opportunity Scholarship Fund: “The Kenneth Brown Hope and Opportunity Scholarship will be open to all applicants with the following qualifications regardless of race, color, religion, sex, national origin, disability, age or veteran status. 1) Priority will be given to minority students and other traditionally under-represented populations including women; 2) Undergraduate student; 3) Good academic standing; 4) Demonstrated financial need; 5) Participation in a registered student organization.”
• Seymour and Marjorie Bryson Academic Achievement Scholarship: “The Seymour and Marjorie Bryson Academic Achievement Scholarship will be open to all students with the following qualifications, regardless of race, color, religion, sex, national origin, disability, or veteran status: 1) Preference will be given to an African American; 2) Must have Sophomore Status; 3) Must have a cumulative GPA of 3.0 or higher; 4) Preference will be given to a student who has overcome compelling educational, economic, social, and cultural barriers and who contributes to SIU commitment to racial diversity; 5) Demonstrated the potential to become a positive role model and productive scholar; 6) Must be enrolled as a full-time student (12 hours) in good standing as defined by the Registrar Office.
• Seymour Bryson and Marjorie Bryson Resiliency Scholarship: “The Seymour and Marjorie Bryson Resiliency Scholarship will be open to all students with the following qualifications, regardless of race, color, religion, sex, national origin, disability, or veteran status: 1) Preference will be given to an African American; 2) Must have Senior Academic Status (Fall of application year); 3) Must have a cumulative GPA of 3.0 or higher; 4) Preference will be given to a student who has overcome compelling educational, economic, social, and cultural barriers and who contributes to SIU’s commitment to racial diversity; 5) Documented volunteerism to SIUC and Carbondale Community; 6) Must be enrolled as a full-time student (12 hours) in good standing as defined by the Registrar Office.

These programs confer a financial benefit granted expressly and unapologetically on the basis of race in violation of Title VI and the Constitution’s 14th Amendment, and on the basis of sex in violation of Title IX. Attached to this complaint is evidence of the discrimination in which SIUC is engaging through administration and selection of various awards, funds, scholarships, fellowships, and internships (Exhibit A).

As the Department of Education is no doubt aware, discrimination on the basis of race raises concerns SIUC has received federal funds in violation of Title VI of the Civil Rights Act of 1964, which declares that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

In addition, Section 1 of the 14th Amendment to the U.S. Constitution asserts: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” On these grounds, the Supreme Court held in 1954 that racial segregation of students is unconstitutional. Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

As recently as 2024, in Students for Fair Admission, Inc. v. President and Fellows of Harvard College, the Supreme Court struck down the racially discriminatory admission policies of Harvard College and the University of North Carolina as violative of the 14^th Amendment’s Equal Protection Clause. Writing for the majority, Chief Justice John Roberts noted that:

Eliminating racial discrimination means eliminating all of it. And the Equal Protection Clause, we have accordingly held, applies without regard to any differences of race, of color, or of nationality—it is universal in its application.…For the guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color… If both are not accorded the same protection, then it is not equal.”

And violations of the Equal Protection Clause, the Court confirmed, are also violations of Title VI: “discrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI.”

The Department’s own guidance on Title VI clarifies that covered educational programs and activities may include, but are not limited to: “admissions, recruitment, financial aid, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, and housing.”

Furthermore, the Department’s Dear Colleague Letter issued on February 14, 2025, analyzing Title VI of the Civil Rights Act in light of Students for Fair Admissions v. Harvard, plainly states that “Federal law … prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life. Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.” The accompanying “Frequently Asked Questions” notes “a school may not legally take account of a student’s race in distributing those benefits or resources, even if race is only being considered as a positive or plus factor, because to advantage members of one race in a competitive or zero-sum process is necessarily to disadvantage those of a different race. As the Court reasoned: ‘College admissions are zero-sum, and a benefit provided to some applicants but not to others necessarily advantages the former at the expense of the latter.’ Likewise, schools may not administer or advertise scholarships, prizes, or other opportunities offered by third parties based on race.”

And finally, discrimination on the basis of sex raises concerns that SIUC has received federal funds in violation of Title IX of the Education Amendments of 1972, which declares that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Accordingly, we ask that the Department promptly investigate the allegations in this complaint, act swiftly to remedy unlawful policies and practices, and order appropriate relief.