U.S. Department of Justice

The U.S. Department of Justice has opened an investigation into whether Harvard University's China-based financial aid programs discriminate against American students in violation of federal civil rights law.

The Justice Department's Civil Rights Division announced it is conducting a compliance review to determine whether the university's China-based financial aid programs and practices exclude American-citizen students in violation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on national origin.

“Every American student should have an equal opportunity to compete for college scholarships, grants, and other kinds of financial aid and benefits,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Schools cannot take federal dollars and then turn around and accept money from foreign sources to give financial aid that deliberately excludes American citizens — doing so is illegal, and we will stop it wherever we find it.”

Under Section 117 of the Higher Education Act of 1965, colleges and universities must report gifts and contracts valued at $250,000 or more. According to the Justice Department, Harvard has disclosed nearly $4.5 billion in foreign funding, the most reported by any American university. The department said more than $630 million of that funding came from sources based in China.

The Civil Rights Division said its review of Harvard's disclosures raised concerns about the university's compliance with Title VI. According to the department, some China-based funding sources restrict how their money may be used and require Harvard to support or establish financial aid programs "with preference given to students from particular countries."

The Justice Department said Harvard appears to be accepting those funds and providing financial aid to foreign students, "presumably Chinese," based on national origin, potentially to the detriment of students of other national origins, including American citizens.

The Civil Rights Division said it has not reached any conclusions about the investigation.

Harvard's foreign funding disclosures are available for public inspection through the U.S. Department of Education.