The U.S. Department of Education has launched a formal investigation into Duke University, focusing specifically on its Duke Law Journal, in what marks a significant escalation in the federal crackdown on diversity, equity, and inclusion (DEI) practices at elite universities. The probe, announced on July 28, 2025, centers on allegations that the journal used race-based criteria in its editorial selection process, potentially violating Title VI of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal funds.
According to the Department of Education’s Office for Civil Rights, internal policies at the journal may have granted applicants bonus points for identifying as members of underrepresented racial or ethnic groups or for holding leadership roles in cultural affinity groups. A grading rubric allegedly shared only with such groups allowed applicants to receive up to 15 bonus points based on identity-related factors.
In a joint letter, Education Secretary Linda McMahon and HHS Secretary Robert F. Kennedy Jr. urged Duke to immediately review and revise any race-based policies and to form a new “Merit and Civil Rights Committee” to oversee compliance efforts. The administration made clear that failure to comply could lead to a loss of federal funding.
Political and Legal Implications for Higher Ed
This latest probe makes Duke University first in a Republican-led state to come under scrutiny in the Trump administration’s aggressive retooling of higher education policy. It follows similar actions against Harvard, Columbia, Penn, and Brown, all of which have faced investigations related to DEI ( diversity, equity, and inclusion ) , campus antisemitism, and race-conscious practices.
The administration’s approach draws on recent precedent. In June, Columbia University settled with the federal government by agreeing to disband its DEI ( diversity, equity, and inclusion ) offices and pay over $200 million in penalties, following accusations of failing to protect Jewish students. That resolution has emboldened federal agencies to pressure other institutions with the threat of funding withdrawal.
Critics argue the government is overreaching. Civil rights organizations and academic leaders have expressed concern that these investigations threaten institutional autonomy, chill free inquiry, and weaponize federal funding to enforce political ideology.
What’s Next for Duke and the Future of DEI Policies
Duke University has not yet publicly responded to the Department of Education’s investigation. However, the implications are significant. Like many top-tier institutions, Duke receives substantial federal funding, including grants for research and public health initiatives. A confirmed Title VI violation could result in a suspension or loss of these funds.
The call to establish a board-level compliance committee—unprecedented in scope—suggests the federal government is not merely seeking policy changes but systemic oversight into how universities enforce merit-based selection free from race-conscious criteria.
Legal analysts say the outcome of Duke’s response could become a bellwether for U.S. higher education, determining how far the federal government can go in reshaping university governance, particularly around sensitive areas such as admissions, hiring, student group policies, and academic journal practices.
As the 2025–2026 academic year approaches, all eyes will be on how Duke navigates this politically charged investigation. The case may set lasting precedents for how DEI frameworks evolve—or dissolve—under federal scrutiny.