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School ‘does not discriminate on the basis of any characteristic protected by law,’ spokesperson says
Two Oklahoma universities are facing a civil rights complaint from the medical advocacy group Do No Harm over their efforts to increase the number of Native American nurses.
This complaint alleges that Northeastern Oklahoma A&M College and Northeastern State University “are unlawfully discriminating against white students and other races they disfavor” by administering a race-based scholarship.
The Northeast Oklahoma Recruitment and Advancement of American Indians into Nursing scholarship is available only to American Indian students, according to the program’s webpage.
The program also states that it aims to increase the number of Native American nurses and prepare them to serve in Indian health facilities following graduation.
Do No Harm’s complaint cites the U.S. Supreme Court’s decision in Students for Fair Admission v. Harvard College, quoting the Court’s statement that “Racial discrimination is invidious in all contexts.”
On this basis, Do No Harm argues that the schools are “subject to Title VI, which prohibits them from using race as a factor in their activities, including in awarding scholarship funds to students.”
Title VI requires that no person should, because of their race, “be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Both NEO A&M and NSU are public higher education institutions, meaning they also receive federal funds for their chosen scholarship programs.
“To be eligible, applicants must maintain membership in a federally recognized Indian tribe,” the complaint clarifies.
Do No Harm also quotes Supreme Court Justice Brett Kavanaugh and his opinion in Haaland v. Brackeen, where he recognized “that racial preferences for American Indians raise significant questions under bedrock equal protection principles and the Supreme Court’s precedents.”
The group concluded its complaint with a request for the Office of Civil Rights to open an investigation into the schools’ implementation of the scholarship and “find that its brazen race discrimination violates Title VI.”
It also urged the office to consider referring the matter to the Department of Justice.
Dr. Kurt Miceli, Chief Medical Officer at Do No Harm, told The College Fix that “NSU and NEO are excluding qualified individuals from rich learning opportunities based solely on race, regardless of their academic ability, skills, experiences, and perspectives.”
“Favoring one race over all others is not only unlawful and unjust but also discredits the value of hard work and meritocratic achievement that is critical to our healthcare-education system,” he said.
When asked what remedy Do No Harm seeks from this action, Dr. Miceli said that he hopes both universities “reverse their discriminatory ways and recenter their nursing scholarship program around excellence and academic rigor.”
However, Jonah Fabian, a spokesperson for NEO A&M, told The Fix that the college “does not discriminate on the basis of any characteristic protected by law.”
“Northeastern Oklahoma A&M College complies with all applicable federal and state laws,” Fabian said.
He also noted that NEO A&M has not been made aware of the complaint.
“Should the College receive formal notice, NEO will review the matter carefully and respond through the appropriate process,” Fabian said.
The Fix reached out to the Oklahoma Indigenous Nurses Association and Northeastern State University for comment on the scholarship. Neither responded.
