Attorney General Rokita files a Civil Investigative Demand to investigate Butler for racial discrimination via diversity, equity and inclusion initiatives. Collegian file photo.

AUBREY MATASOVSKY | STAFF REPORTER | amatasovsky@butler.edu 

Indiana Attorney General Todd Rokita issued a Civil Investigative Demand (CID) to Butler University on Aug. 13, aiming to further investigate potential racial discrimination as a result of the university’s diversity, equity and inclusion (DEI) policies. This action follows after Butler University “failed to provide materials requested” in the previous May letter sent to the university by the attorney general’s office. 

Rokita’s basis for the CID is potential violations of the Indiana nonprofit code, the False Claims Act and the Deceptive Consumer Sales Act, all of which Butler University is subject to as a private, nonprofit university. The CID, a type of administrative subpoena that does not require court approval, is a discovery method utilized by law enforcement before official litigation occurs, leaving the potential for future court proceedings involving Butler University. 

Rokita’s actions follow a larger push back against DEI practices on both the federal and state levels, as seen by Governor Mike Braun’s involvement with Indiana University, as well as Butler’s removal of its Social Justice and Diversity credit requirement in July.

Edyn Curry, a junior biology and psychology double major and co-president of Black Student Union, discussed the removal of the credit requirement and the potential effect it has on students.

“You have people that are coming from these places, these counties [and] these small towns that are around people that are exactly like them,” Curry said. “It’s going to be difficult for them to be open to the idea of interacting with someone that’s not like them.” 

Kendall Johnson, a junior political science major and co-president of Black Student Union, thinks the increased oversight by the government may also be playing a part in hostility towards DEI programs among the public, adding to increased political violence.

“There has been a massive shift in our political scene, how people absorb politics, how people participate in politics and how people engage with other people in politics,” Johnson said. “What Rokita is proposing and where it comes from is not a political opinion. It’s political violence against groups of people and has created a very volatile political environment laced with extremism [and] tension, via targeting very vulnerable groups of people and emboldening [others] to take it out on [them].”

Johnson explained that the added tension in the political climate has the potential to make students feel more vulnerable as well. 

“[Taking diversity seriously] is probably why I came to Butler, because I saw that was something they prioritized,” Johnson said. “On an identity standpoint, I do feel satisfied, but I wish [Butler] would take a stronger stand for their students. Right now, it feels like they are playing both sides of the fence, and I wish they would choose their students.”  

Johnson encourages people to continue to learn about various groups or organizations around them, including the Attorney General. 

“You can go talk to organizations,” Johnson said. “You can go speak to people at Butler. [Rokita] can come speak to us and just learn. It’s just about learning and having a desire to learn more outside of yourself.” 

Curry believes the current events differ from Butler’s values as an institution. 

“Butler was founded by an abolitionist,” Curry said. “Even the founding of Butler was created on [and] for diverse backgrounds. I think that when we start [trying] to be uniform, it’s very concerning.”

Dr. Khalilah Marbury, Vice President for DEI and Student Affairs, declined request for interview, but provided the statement below:

“We stand by the response we submitted on June 27, which affirmed that Butler University does not treat individuals differently based on race or ethnicity. We are committed to ensuring that our policies and practices comply with federal and state laws. Butler remains committed to our founding mission of providing equal access to education for all and fostering a learning environment where every student has the opportunity to succeed. At this time, we will not be offering further comment while we continue to assess the scope and implications of the CID.”

The Indiana Attorney General’s Office did not respond to the Collegian’s request for comment.