The HHS Office for Civil Rights (OCR) recently launched an investigation into a major California medical school over allegations that its admissions process prioritizes race-based criteria over academic merit.
What happened
The OCR’s investigation follows complaints that the medical school has been giving preferential treatment to applicants based on race, potentially at the expense of academic qualifications.
OCR will assess whether these admissions practices align with Executive Order 14173, which directs federal agencies to eliminate diversity, equity, and inclusion (DEI) preferences.
More specifically, the investigation will determine whether the school’s policies violate Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act, which prohibit discrimination based on race, color, and national origin.
The backstory
In California specifically, Proposition 209 (1996) prohibits public universities from considering race in admissions, yet legal challenges suggest ongoing violations.
For example, in a recent case, Students Against Racial Discrimination (SARD) v. University of California, claims UC campuses use "holistic admissions" to bypass legal restrictions, disadvantaging Asian-American applicants.
SARD’s lawsuit reports instances where highly qualified Asian American students were rejected in favor of applicants from underrepresented racial groups with lower academic credentials. The group argues that these practices violate state and federal law.
Going deeper
President Trump’s January 2025 Executive Order, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, mandates the elimination of race-based considerations in education, hiring, and federal funding. The order argues that prioritizing identity-based characteristics over merit undermines equal opportunity and weakens institutions that rely on high academic standards, including medical schools.
Concerns over whether DEI initiatives affect academic performance have also surfaced in graduate programs. At UCLA’s David Geffen School of Medicine, for example, reports indicate declining performance among first-year students’ competency exams.
What was said
The Executive Order states, “…illegal DEI and DEIA policies also threaten the safety of American men, women, and children across the Nation by diminishing the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and services in key sectors of American society, including all levels of government, and the medical, aviation, and law-enforcement communities.”
According to Anthony Archeval, Acting Director of OCR, “This investigation reflects the Administration’s commitment to ensuring fairness in educational admissions. Individuals should be assessed based on merit and ability, not race or ethnicity.”
A UC spokesperson responded to the broader allegations, saying, “We stand by our admission policies and our record of expanding access for all qualified students.”
By the numbers
- 9 UC campuses were accused of violating federal and state civil rights laws.
- 1.5% acceptance rate at UCLA’s Geffen School of Medicine, making it one of the most competitive medical schools in the country.
Why it matters
The outcome of the OCR investigation could redefine medical school admissions nationwide, shifting towards merit-based criteria while raising questions about the long-term impact of affirmative action-style policies.
The bottom line
With federal oversight of race-conscious admissions policies intensifying, universities could face increasing legal and political pressure to abandon practices that take into consideration equity or diversity.
Related: Confronting racial bias in Artificial Intelligence (AI)
FAQs
What is Executive Order 14173?
This order, signed in January 2025, will end race-based considerations in education, hiring, and federal funding while promoting merit-based opportunities.
Can medical schools consider race under HIPAA?
No, HIPAA focuses on patient privacy, not admissions policies. Admissions must comply with civil rights laws.
Does HIPAA allow race-based treatment decisions?
No, HIPAA and other federal laws require equal treatment of all patients, regardless of race or ethnicity.
