There is a lot of confusion surrounding the Trump administration’s interpretation of Title VI, the federal law that bans race, color, or national origin-based discrimination in education. Intended to promote equality and prevent discriminatory practices, Title VI was created during a time when segregation of schools was legal, Black voters were systematically disenfranchised, and Black people often faced violence and intimidation from white supremacist groups. It is important to remember that the historical context for banning racial discrimination is inextricably connected to the discrimination and violence Black people faced during the Civil Rights Era.
Recently the Education Department’s Office for Civil Rights produced a guidance document on programs that it might consider racially discriminatory and illegal. At the core of the current administration’s concerns about illegal programs is the use of racial classification. The current attacks against DEI are fueled by the belief that programs which rely on any racial classification are legally dubious. Critics of DEI are trying to make a moral argument that the use of racial classification is always wrong and inherently unfair. They are essentially trying to make the use of racial classifications in higher education writ large as being morally equivalent to how racial classifications have been used to systematically marginalize and disenfranchise Black people. Obviously the two are not morally equivalent as one use of racial classifications is intended to increase access and opportunity while the other use of racial classifications was intended to discriminate and oppress. Using Title VI to obfuscate these obvious differences in the intent and impact of racial classifications is intellectually dishonest. There are clear and morally justifiable reasons for the use of racial classifications in non-discriminatory ways. Racial classifications can be used to promote a sense of belonging that is so important for the well-being and achievement of Black and other minoritized students.
The Education Department’s guidance document says that all segregation is illegal and that schools cannot separate students by race even if they treat all students equal. Citing Brown v. Board of Education, the document states that “a school cannot engage in any programming, graduation ceremonies, housing orany other aspect of school life that allows one race but not another or otherwise separates students, faculty, or staff based on race.” The document characterizes this as an updated “separate but equal” rationale that was eventually overturned in the Brown case. The “graduation ceremonies” and “any other aspect of school life” is deeply concerning because of its implications. For example, Black fraternities and sororities owe their start to the fact that Greek letter organizations at predominantly white institutions excluded Black people. Black students were isolated and segregated from the general student population, and the societal issues that caused the founding of my fraternity, Alpha Phi Alpha were everywhere, including at predominantly Black institutions. Black Greek letter organizations are important in creating a sense of belonging, especially as historically white Greek letter organizations remain racially problematic and continue to be marred by incidents of racism and racial insensitivity. Furthermore, membership in Black Greek letter organizations encourages academic excellence. Black fraternities and sororities have produced many prominent politicians, scientists, business leaders, academics, entertainers, and high achieving professionals. It should be noted that unlike their white counterparts, Black Greek letter organizations never had a history of excluding white individuals.
Graduation ceremonies such as Black Graduation, Latinx Graduation, and Asian & Pacific Islander Graduation (among others) are special cultural ceremonies that celebrate the achievements and experiences of students from diverse backgrounds. These are wonderful and joyful celebrations that recognize the challenges and triumphs that diverse students experience during their time in school. For over 200 years after the founding of the first American universities, African Americans across the country were generally forbidden to study at colleges. When you consider that African American students are still underrepresented in higher education and have lower graduation rates compared to other racial/ethnic groups, it is no wonder that Black students want to celebrate their graduation. These cultural graduation ceremonies are always open to the entire campus community. In my experience attending Black Graduation ceremonies I have always seen representation from other racial/ethnic groups. The fact that these graduation ceremonies are based on racial classification hurts no one and excludes no one. This is not equivalent to the “separate but equal” rationale of Plessy v. Ferguson as suggested in the guidance document because Black students are not forced to participate. They can choose to participate in the general graduation ceremony, and in some instances Black students participate in both. It is very hard to see how racial classification in the form of Black graduation hurts or disadvantages white or non-Black students. To be sure, if these cultural graduation ceremonies ever intentionally excluded any segment of the campus community by race or any other identity, I would absolutely agree that they are illegal and harmful. But I have never encountered this in my 27 years as a professor.
The guidance document also identifies “extreme practices” like requiring students to participate in privilege walks, as a form of school-on-student harassment that could create a hostile environment under Title VI. The privilege walk is an activity designed to highlight the various advantages and disadvantages individuals experience based on their social identities (e.g., race, gender, socioeconomic status, etc.). Participants stand in a line while a facilitator reads a series of statements related to privilege and disadvantage (e.g., “Take one step backward if you were ever called names or ridiculed because of your race, ethnicity or class background” or “Take one step forward if you have immediate family member who are doctors, lawyers, or other professionals,”). By the end of the activity, the physical distance between the participants visually represents the differences in privilege and disadvantage within the group. For years I administered this activity in my graduate class on multicultural counseling, where I was teaching and training mental health professionals who would be working with diverse populations. To characterize this activity as creating a hostile environment does a tremendous disservice to its educational benefits. Some of the most powerful learning came when individuals who were assumed to be privileged (e.g., white students) were in some cases more disadvantaged than their Black peers and vice versa. The beauty of the activity is that the use of racial classifications (along with gender and socioeconomic status classifications) helps participants see that all individuals have both privilege and disadvantage, and that one should not assume that the race of an individual can tell you what their lived experience is.
Black Greek letter organizations, Black Graduation ceremonies, and educational activities like the Privilege Walk are examples of positive instances of racial classifications. When used responsibly, racial classifications are not illegal and can have social and educational benefits for diverse students. We should not be afraid to make this case even when confronted by a hostile administration.
Dr. Kevin Cokley is the University Diversity and Social Transformation Professor, Professor of Psychology and Associate Chair for Diversity Initiatives at the University of Michigan
