Tufts plans to ignore a cease and desist order from two conservative lobbying groups, a move which could prompt a government investigation.
Two Medical School programs, the Post-Baccalaureate Research Program (PREP) and the Externship program, were identified by the groups as being in conflict with Title VI of the 1964 Civil Rights Act.
Title VI prohibits discrimination based on race, sex or gender for any program that receives federal monies. The two Medical School opportunities are funded by grants from the National Institute of Health (NIH) and operated by the Medical School.
In a letter sent last month, Edward Blum, a representative for the Center for Equal Opportunity (CEO) and the American Civil Rights Institute, gave Tufts until Apr. 21 to end the programs and warned other actions could be taken if the University does not comply.
The current Medical School programs do not require students to be part of a federally recognized minority or ethnic group. Students must demonstrate, however, that they come from an under-represented area of society.
If the University refuses to comply, CEO will file a complaint with the Office of Civil Rights. The office is obligated to investigate, and if found guilty of violating Title VI, Tufts will be required to end the programs or lose all federal funding.
Blum indicated that he would be willing to give the school additional time if they requested it, but Medical School spokesperson Peggy Hayes said the school is not planning to respond. "They're not a court," Hayes said. "If the University believes they are in compliance, I don't think a response is necessary."
Tufts General Counsel Mary Lee Jacobs, who is handling the complaint, refused to comment, describing it as "a pending legal matter."
Thirty other schools were sent similar letters, including Harvard, MIT, and the University of Michigan. CEO's current effort focuses on professional school orientation programs, because these offer "tangible benefits" to those that participate in them, according to Blum.
Six programs, including Princeton's Junior Summer Institute in the Woodrow Wilson School of Public and International Affairs, have accepted non-minority students for the first time because of the complaints. CEO also filed complaints against programs at St. Louis University and Texas A&M after those schools refused to change eligibility requirements to include non-minorities.
Since the University believes that the Medical School is in full compliance with all state and University laws and is awaiting a decision of the University of Michigan affirmative action case, it is reluctant to take any action, Hayes said. A decision by the high court, which should be available in June, will allow Tufts to have a better understanding of whether or not it is in compliance, according to Hayes.
But CEO General Counsel Roger Clegg rejected Tufts' claim that the two cases are connected. "It doesn't matter what the court rules in Michigan, because whatever they do, running a racially exclusive program will remain illegal," Clegg said.
The Externship Program allows students to spend one month in a hospital environment before attending medical school. PREP receives money to hire five to ten students with a BA to work in a laboratory setting before entering medical school.
In other parts of the University, programs exist which are only open to minority students, including the Asian-American center's annual trip to George's Island.
In addition, the Sackler School of Biological Science runs the Summer Research Program for Undergraduate Minority Students. The program is sponsored with funds received from the National Heart, Lung & Blood Institute, which is also part of the NIH.
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