Why DOJ Probes College Race-Based Aid at William & Mary
By Darius Spearman (africanelements)
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A New Challenge to Campus Diversity
Federal civil rights enforcement has taken an aggressive turn toward higher education. The Department of Justice Civil Rights Division launched a formal compliance review into the College of William & Mary in Virginia (justice.gov, substack.com). Investigators are examining whether the university uses unlawful race-based criteria in awarding student aid, graduate fellowships, and mentorship opportunities (substack.com, flathatnews.com).
This federal investigation targets programs designed to help underrepresented students. Officials argue that considering racial identity in financial awards violates Title VI of the Civil Rights Act of 1964 (justice.gov, georgetown.edu). However, Black scholars and campus advocates see this action as part of a coordinated effort to dismantle hard-fought educational pipelines. The inquiry signals that conservative legal groups are moving past admissions policies to attack minority student funding directly (substack.com, washingtonexaminer.com).
The Long Shadow of Campus Segregation
To understand the debate in Williamsburg, Virginia, one must understand the deep roots of exclusion at the nation’s second-oldest college. Chartered in 1693, the College of William & Mary relied heavily on enslaved labor for almost two centuries (wm.edu, historians.org). The foundational relationship between enslaved labor and law shaped southern higher education for generations. For the first 258 years of its existence, the university barred Black students from enrolling (wm.edu, wm.edu).
Desegregation came only through courageous individual persistence. Hulon Willis became the first Black graduate student admitted in 1951 (wm.edu). Twelve years later, in 1963, Oscar Blayton became the first Black undergraduate to finish his degree (wm.edu). In 1967, Lynn Briley, Karen Ely, and Janet Brown Strafer became the first Black residential students on campus (wm.edu, wm.edu). In 2009, the university established the Lemon Project to confront its history of slavery and Jim Crow exclusion (wm.edu, whro.org). Targeted scholarships emerged directly from this historical reckoning (flathatnews.com, wm.edu).
The Road from Bakke to Harvard
Legal standards governing campus equity have shifted dramatically over the past fifty years. In the 1978 Bakke ruling, the Supreme Court struck down rigid racial quotas while allowing universities to consider race as a general factor to build a diverse student body (justia.com). For decades, colleges across the country relied on that ruling to build affirmative action programs (pennlawreview.com, harvard.edu). They used the same logic to establish targeted minority scholarships and mentorship opportunities (nacua.org).
That legal landscape changed completely in June 2023. In Students for Fair Admissions v. Harvard, the Supreme Court declared race-conscious admissions unconstitutional (straitstimes.com, brookings.edu). Chief Justice John Roberts stated that universities cannot use race as a positive or negative determinant in admissions decisions (brookings.edu, fedsoc.org). Although the court did not rule directly on financial aid, conservative activists immediately filed complaints against private endowments and race-targeted fellowships (washingtonexaminer.com, pacificlegal.org).
Williamsburg Programs Under DOJ Scrutiny
Federal investigators are examining several specific initiatives at William & Mary. The Department of Justice flagged the W&M Scholars Program, which covers full in-state tuition and fees for selected undergraduate students (substack.com, flathatnews.com). Regulators argue that awarding extra consideration to students who show an interest in diverse perspectives may serve as an unlawful proxy for race (substack.com, flathatnews.com).
The review also challenges graduate and professional awards. Investigators cited the Martha L. Muguira Fellowship in the School of Education for prioritizing Hispanic and Latina women (substack.com, flathatnews.com). They also targeted the Holmes Scholars Program for supporting doctoral leaders of color (substack.com, flathatnews.com). Furthermore, the probe takes aim at the Lemon Legal Scholars Program, which provides law school scholarships to graduates of Historically Black Colleges and Universities (substack.com, flathatnews.com). Federal officials argue that even non-racial criteria that correlate with race violate Title VI standards (justice.gov, substack.com).
The Fourth Circuit and the Banneker Precedent
The legal challenge facing William & Mary is shaped by Fourth Circuit precedent. In the 1994 case Podberesky v. Kirwan, the U.S. Court of Appeals for the Fourth Circuit struck down the Benjamin Banneker Scholarship at the University of Maryland (edweek.org, louisville.edu). Daniel Podberesky, a Hispanic student, claimed that reserving merit scholarships exclusively for Black students violated the Equal Protection Clause (edweek.org, louisville.edu).
The Fourth Circuit ruled that general societal discrimination cannot justify race-exclusive scholarships (louisville.edu, maryland.gov). The court held that an institution must prove its remedy addresses direct present effects of its own past discrimination (louisville.edu, maryland.gov). Because William & Mary operates under Fourth Circuit jurisdiction, this legal standard places a heavy burden on the university. University leaders must demonstrate that modern aid programs satisfy strict constitutional scrutiny (pennlawreview.com, maryland.gov).
The Racial Wealth Chasm and Student Debt
The loss of race-conscious financial aid carries severe economic consequences for Black families. Generations of structural exclusion in housing and employment created an immense racial wealth gap in the United States (brookings.edu, senate.gov). White families hold six to eight times the median net worth of Black families on average (senate.gov). Consequently, Black parents have less home equity and savings to finance their children’s college education (brookings.edu, edtrust.org).
Without targeted gift aid, Black students must borrow heavily to complete their degrees. Federal studies show that nearly 86 percent of Black graduates take on student loans, compared to less than 60 percent of white students (brookings.edu, edtrust.org). Black college graduates hold between $25,000 and $50,000 more in student debt four years after graduation (brookings.edu, edtrust.org). Broadening historical access to education requires financial structures that prevent students from drowning in debt.
The Attack on HBCU Pipeline Programs
The federal probe into William & Mary also challenges scholarship partnerships with Historically Black Colleges and Universities. HBCUs were founded during state-enforced segregation to educate Black citizens when other colleges refused them entry. Although these institutions make up just three percent of all colleges, they produce a massive share of the nation’s Black teachers, engineers, and attorneys. Partnerships with institutions like the Lemon Legal Scholars Program create pathways into prestigious graduate programs (substack.com, flathatnews.com).
Conservative legal groups argue that HBCU-targeted scholarships act as an unlawful proxy for race (substack.com, washingtonexaminer.com). Because the vast majority of HBCU students are Black, investigators argue that partnering with these schools bypasses restrictions on affirmative action (washingtonexaminer.com). However, universities defend these partnerships on neutral grounds. HBCU enrollment is open to students of all racial backgrounds, making institutional affiliation a valid academic credential rather than a racial classification.
The Fate of Private Endowments
The federal review creates serious challenges for university donors and private foundations. For decades, benefactors established endowed scholarships to support Black students, Hispanic scholars, and first-generation applicants (cullenllp.com, charitylawyerblog.com). Under state trust law and the Uniform Prudent Management of Institutional Funds Act, universities cannot change donor terms on their own (ag.state.mn.us, charitylawyerblog.com). Modifying restrictive charitable trusts requires complex legal proceedings under the common-law doctrine of cy-près (charitylawyerblog.com).
Facing legal threats, some universities have frozen millions of dollars in diversity scholarships (cullenllp.com). Other institutions are working with donors to rewrite terms around socioeconomic hardship or geographic background (cullenllp.com, charitylawyerblog.com). Campus activists argue that these changes erase historical commitments to racial equity. Overcoming long-standing post-emancipation struggles required deliberate institutional support that colorblind policies often fail to provide.
Campus Resistance and Academic Equity
Students and faculty across Virginia are organizing to protect diversity initiatives. Campus advocates point out that Black enrollment at William & Mary remains between five and seven percent, far below the state population (flathatnews.com, wm.edu). Student groups argue that ending targeted scholarships will reduce campus diversity and isolate minority scholars. They emphasize that educational equity requires active investments in community recruitment (flathatnews.com, whro.org).
Academic leaders also stress that building an inclusive curriculum strengthens the entire campus community. The growth of Black studies programs across American universities demonstrated how diverse perspectives enrich scholarship for all students. University officials maintain that evaluating an applicant’s lived experiences and community leadership complies with federal law (brookings.edu, ed.gov). They continue to defend their selection criteria as holistic and individualized (flathatnews.com, ed.gov).
The Broader Future of Civil Rights
The outcome of the William & Mary investigation will influence colleges nationwide. If the Department of Justice determines that race-conscious aid violates Title VI, universities will face immense pressure to eliminate targeted grants (justice.gov, nacua.org). Public institutions depend on millions of dollars in federal research grants and student aid (justice.gov, ed.gov). Losing federal funds would create catastrophic financial consequences for any university (ed.gov).
This compliance review represents a critical moment for higher education. The debate tests whether universities can directly address centuries of racial segregation or must adopt purely colorblind funding models (brookings.edu, harvard.edu). As the investigation continues, the struggle over college scholarships remains a defining battle for civil rights, economic mobility, and reparative justice in American life (substack.com, whro.org).
About the Author
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching for over 20 years. He is the founder of African Elements, a media platform dedicated to providing educational resources on the history and culture of the African diaspora. Through his work, Spearman aims to empower and educate by bringing historical context to contemporary issues affecting the Black community.
