Last week, we discussed what Title VI enforcement is shaping up to look like in 2026.

This was right on the heels of OCR announcing that it has secured 31 resolution agreements with colleges and universities to terminate institutional partnerships with The Ph.D. Project, a nonprofit that supports doctoral-degree attainment. The ED concluded these partnerships violated Title VI because the organization was found to “unlawfully limit eligibility based on race.” Institutions either had already ended the relationships or agreed in writing to do so and to review other external partnerships for Title VI compliance.

Title VI compliance implications:

• Title VI enforcement remains active: OCR’s resolutions underscore that Title VI, which prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving federal funds, continues to be a focus in higher education compliance.
• Review of external partnerships: Beyond terminating these specific partnerships, the agreements require institutions to assess other affiliations with outside organizations to ensure they do not maintain programs that restrict participation on the basis of race.
• Broader institutional impact: Universities engaging with nonprofits, affinity groups, or pipeline programs should carefully evaluate eligibility criteria, membership practices, and promotional activities to ensure alignment with nondiscrimination requirements under Title VI and other applicable civil rights statutes.

Connections to Title IX and other compliance areas:

• OCR enforcement posture: OCR enforces several civil rights laws in education, including Title VI, Title IX (sex discrimination), Section 504/ADA (disability discrimination), and others, and compliance activities often overlap in institutional policy review, training, complaint investigation, and monitoring.
• Policy alignment and risk management: Policies and procedures developed to comply with one protected class (race) under Title VI are often structurally relevant when addressing other protected classes under Title IX or Section 504, particularly in areas like equity of access, nondiscriminatory outreach, recruitment, and program eligibility.

Institutional compliance considerations:

• Audit external relationships: Institutions should inventory and assess affiliations with third-party programs, partnerships with external organizations, scholarships, or recruitment initiatives to ensure nondiscriminatory access and avoid unintended Title VI or related violations.
• Documentation and training: Ensure clear documentation of eligibility criteria for programs and appropriate training for administrators and compliance personnel on federal nondiscrimination obligations.
• Consistent implementation: Apply consistent nondiscrimination standards across similar programs to reduce risk of disparate treatment claims.

On the “chilling effect” concern:

Some education observers and higher-ed stakeholders have expressed concerns that aggressive civil-rights enforcement actions of this nature may create a “chilling effect” on institutional participation in programs aimed at supporting historically underrepresented students. These concerns center on institutions potentially withdrawing from beneficial diversity-oriented programs out of fear of legal exposure or punitive action. This sentiment has been reported in media coverage of the developments, though it remains a viewpoint rather than a settled compliance legal principle. You can observe that some institutions opted to end these partnerships quickly to preserve access to federal funding or avoid protracted investigations.

The Bottom Line

These 31 resolution agreements are a reminder that federal civil rights enforcement in higher education continues to evolve. Compliance teams should proactively review program eligibility criteria and external partnerships for nondiscriminatory practices, and consider how policies developed for Title VI obligations may reinforce broader civil rights compliance under Title IX and other statutes.