The U.S. Department of Education's Office for Civil Rights has initiated a federal civil rights investigation into Harvard University's admissions policies, specifically focusing on whether the institution's preferential treatment for donors and the children of alumni discriminates against non-white applicants. This investigation comes after three civil rights groups requested the Department of Education to investigate Harvard's “legacy” preferences, following the Supreme Court's ruling against the university's “race-conscious” affirmative action policies.

The civil rights groups, including Lawyers for Civil Rights, argued that Harvard's legacy admissions policy overwhelmingly benefits white students and is unfair to young people of color. They claim that nearly 70% of legacy applicants and those related to donors are white, while the children of alumni are six times more likely to be offered a place at Harvard and the offspring of donors are seven times more likely. These statistics were calculated from Harvard admissions data that became public during the Supreme Court case. The groups believe that Harvard's policy violates Title VI of the Civil Rights Act of 1964, which prohibits race discrimination for programs receiving federal funds.

The Biden administration's investigation under Title VI is significant, as it explores whether Harvard's admissions practices comply with federal anti-discrimination laws. The policy has drawn renewed scrutiny since the Supreme Court's ruling against affirmative action, which President Joe Biden criticized, stating that it "rolls back decades of precedent and momentous progress."

Harvard, one of the oldest and most prestigious universities in the United States, has not responded directly to the complaint or contacted Lawyers for Civil Rights. However, a Harvard spokesperson, Nicole Rura, stated that the university is reviewing aspects of its admissions policies to ensure it can continue admitting a diverse student body. Rura emphasized Harvard's commitment to encouraging students from various backgrounds to apply for admission.

The investigation into Harvard's admissions policies is part of a broader conversation surrounding legacy admissions in elite institutions. While some colleges and universities have abandoned legacy admissions policies, Harvard, as well as other institutions, continues to utilize them. Critics argue that these policies perpetuate inequality and prevent young people of color from accessing educational opportunities.

The Education Department's investigation signifies a growing momentum against legacy preferences in college admissions. Wesleyan University and the University of Minnesota's Twin Cities campus have already announced the discontinuation of legacy admissions. Oren Sellstrom, the litigation director of Lawyers for Civil Rights, stated that more and more colleges and universities are abandoning these unfair preferences, and those that continue to use them will be seen as outliers.

The probe into Harvard's admissions policies is ongoing, and the Education Department is expected to collect more current data during the investigation. The outcome of the investigation could have significant implications for the future of legacy admissions and the pursuit of diversity in higher education institutions.