Hinkle Fieldhouse on the Butler University campus in Indianapolis. Photo by Niki Kelly, Indiana Capital Chronicle.

By Niki Kelly
Indiana Capital Chronicle

INDIANAPOLIS — Attorney General Todd Rokita escalated two investigations into alleged discrimination at one of the nation’s top Catholic universities and at a second private Indiana college.

His office recently issued civil investigative demands — similar to a subpoena — to the University of Notre Dame and Butler University, probing into diversity, equity and inclusion practices.

“Treating people differently based on skin color has no place in our state. The universities’ responses to our investigations will determine whether further action is needed to vindicate Indiana’s commitment to equality,” Rokita said in a Thursday news release.

A U.S. Supreme Court decision in 2023 struck down affirmative action in college admissions. It has led to broader challenges to diversity programs and initiatives across higher education.

Rokita sent initial letters in May seeking information, but says now that the universities didn’t provide “meaningful” responses. A third university, DePauw, did respond and that investigation is ongoing, a news release said.

In the Wednesday, Aug. 6 letter to Notre Dame, Rokita said “I appreciate the contributions that Notre Dame makes to our state and country and respect the University’s religious mission. However, neither Notre Dame’s religious mission nor the benefits it may provide to the state would excuse the University from complying with civil rights and nonprofit laws.”

The Wednesday, Aug. 13 letter to Butler included similar language, but focused more on the nonprofit status.

“The suggestion by your attorney in your June 27 Response that the Office of the Attorney General lacks authority to investigate potential legal violations committed by a private nonprofit university is incorrect. As a domestic nonprofit corporation organized and operating under Indiana law, Butler University is subject to Indiana’s nonprofit statute.”

Both of the letters included language saying that nonprofit and educational institutions are supposed to provide a public benefit to the state and that complying with civil rights laws “is critically important.” However, the office went on to say it wasn’t enough for leaders to say they complied — they also needed to meet his civil investigative demands.

Responses From Notre Dame, Butler

In a statement to the Indiana Capital Chronicle, Notre Dame said it didn’t discriminate based on race or ethnicity.

“As a faith-based institution driven by its religious values, Notre Dame strives to treat every member of our community in a manner consistent with our firmly held Catholic beliefs. At the heart of these beliefs is the recognition that we are all children of God, deserving of dignity and respect from one another. We are likewise committed to the rule of law. Accordingly, Notre Dame does not discriminate based on race or ethnicity. We are in receipt of the attorney general’s letter and will respond in due course.”

Indiana Attorney General Todd Rokita speaks at an environmental deregulation event at an Indianapolis truck dealership on Tuesday, July 29. Photo by Leslie Bonilla Muñiz, Indiana Capital Chronicle.

Butler said it was assessing “the scope and implications” of Rokita’s legal maneuver but likewise said it didn’t discriminate.

“We stand by the response we submitted on Friday, June 27, which affirmed that Butler University does not treat individuals differently based on race or ethnicity. We are committed to ensuring that our policies and practices comply with federal and state laws. Butler remains committed to our founding mission of providing equal access to education for all and fostering a learning environment where every student has the opportunity to succeed.”

Rokita maintains that materials posted on the universities’ websites suggest that various aspects of Notre Dame’s and Butler’s operations may be governed by policies that treat individuals — including students, prospective students, faculty, staff and job applicants — differently based on the individuals’ race or ethnicity; employ race in a negative manner when making admissions or hiring decisions; utilize racial stereotyping; or allocate university resources based on race.

In March, Notre Dame also came under fire when the U.S. Department of Education included Notre Dame among 50 universities targeted for allegedly using racial preferences and stereotypes in education programs, according to WSBT. In that investigation, the university could face losing federal funding if found in violation.