Attorney General Todd Rokita is threatening the continued existence of two more private Indiana universities for attempting to ensure their students and faculty broadly reflect the diversity of the United States.
The Republican announced Wednesday that he's sent letters to the presidents of Butler University in Indianapolis and DePauw University in Greencastle demanding the schools turn over to the state by June 27 thousands of pages of documents and records relating to their diversity, equity and inclusion (DEI) policies.
The demands come nearly three weeks after Rokita similarly threatened to potentially seek a court order dissolving the University of Notre Dame in South Bend under a novel legal theory that policies encouraging campus diversity mean "corporate assets are being misapplied or wasted," and subject to action by the attorney general.
Rokita asserts public statements by officials at both Butler and DePauw prioritize diversity in student admissions, employee hiring and campus activities, notwithstanding contrary guidance issued by the U.S. Department of Education under Republican President Donald Trump.
"The U.S. Supreme Court has made clear that racial discrimination of any kind in our education system is repugnant to our civil rights laws, even if done supposedly to help groups claimed to be disadvantaged or underrepresented," Rokita said.
"Hoosiers are rightfully concerned that some education institutions treat students, faculty, staff and others differently based on race under the guise of DEI or other. We are investigating to determine whether universities' DEI programs are consistent with the law."
In response, DePauw University said it upholds high ethical standards and does not engage in unlawful discrimination in its admissions and hiring practices, consistent with its Methodist tradition and institutional values.
"We recruit and retain talented students, faculty and staff who enrich our small and caring campus community and, in turn, are enriched by it, carrying forward DePauw's tradition of supporting and creating positive changes in Indiana and throughout the world."
Butler University acknowledged receiving the attorney general's communication and said it is reviewing Rokita's requests for information.
"The university takes seriously its commitment to compliance with all state and federal laws and will respond to the office of the attorney general within due time."
A new state law, Senate Enrolled Act 289, approved by the Republican-controlled General Assembly and enacted by Republican Gov. Mike Braun, eliminates diversity initiatives at Indiana public universities on July 1.
The statute also establishes a new legal cause of action for any person who believes they've faced discrimination in public education, employment or licensing due to their race, religion, color, sex, national origin or ancestry.