The Trump administration's ongoing battle with universities might be ratcheting up after the Attorney General's office announced that it intends to use the False Claim Act to go after institutions engaged in diversity, equity, and inclusion (DEI) practices.
The administration asserted that institutions that take federal money and engage in DEI practices might be committing Civil Rights violations. It also took aim at anti-semitism on campus, as well as transgender issues.
"Institutions that take federal money only to allow anti-Semitism and promote divisive DEI policies are putting their access to federal funds at risk," said Attorney General Pamela Bondi. "This Department of Justice will not tolerate these violations of civil rights – inaction is not an option."
The False Claims Act was created in 1863 to deal with contractor fraud during the Civil War. "The FCA provides that any person who knowingly submits, or causes to submit, false claims to the government is liable for three times the government's damages plus a penalty that is linked to inflation," according to the Justice Department.
In a memo, the Justice Department laid out some examples of what it considers to be potential violations.
"Accordingly, a university that accepts federal funds could violate the False Claims Act when it encourages antisemitism, refuses to protect Jewish students, allows men to intrude into women's bathrooms, or requires women to compete against men in athletic competitions. Colleges and universities cannot accept federal funds while discriminating against their students," the memo states.
Harvard already was informed via letter that is will be investigated by the Justice Department under the False Claims Act to see if its admissions policies comply with a 2023 Supreme Court ruling on affirmative action, The Hill reported.
"This investigation is yet another abusive and retaliatory action — the latest of many — that the administration has initiated against Harvard since the University was forced to defend itself from harmful overreach against higher education, including the freeze and termination of millions of dollars in funding for medical and scientific research, which will lead to devastating consequences for our nation's health, economic prosperity, and scientific leadership," a spokesperson for Harvard said in a statement according to The Hill.
The False Claims Act investigation is only the latest conflict between Harvard and the administration and likely will lead to more court challenges. In April, Harvard sued the Trump administration to prevent the freezing of more than $2.2 billion in federal grants, NPR reported.
"The Government has not — and cannot — identify any rational connection between antisemitism concerns and the medical, scientific, technological, and other research it has frozen that aims to save American lives, foster American success, preserve American security, and maintain America's position as a global leader in innovation," the lawsuit states according to NPR.
