Last Updated on August 15, 2025 by Bertrand Clarke
In a move that has sparked heated debate across Indiana and beyond, Attorney General Todd Rokita has intensified his investigation into the University of Notre Dame’s diversity, equity, and inclusion (DEI) initiatives, raising questions about the balance between institutional autonomy, religious mission, and compliance with state and federal laws. On August 6, 2025, Rokita issued a civil investigative demand (CID) to Notre Dame, following what he described as an inadequate response to his initial inquiry launched in May. The probe, which also targets Butler University and DePauw University, seeks to determine whether Notre Dame’s DEI practices align with Indiana’s civil rights laws and nonprofit regulations, potentially threatening the university’s tax-exempt status. This escalating inquiry has ignited a broader conversation about the role of DEI in higher education, the intersection of faith-based values, and the limits of governmental oversight.
A Deepening Investigation
Rokita’s investigation began with a letter sent to Notre Dame President Fr. Robert Dowd on May 9, 2025, alleging that the university’s DEI policies may violate civil rights laws by treating individuals differently based on race or ethnicity. Citing Notre Dame’s 2033 Strategic Framework, Rokita pointed to initiatives aimed at increasing representation of “underrepresented” students and faculty, as well as references to tracking enrollment in courses taught by faculty who “look like” underrepresented students. He argued that such practices could contravene the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which deemed race-based admissions practices in higher education unconstitutional.
The Attorney General’s office claims that Notre Dame’s response to the initial inquiry was insufficient, prompting the issuance of a CID—a legal tool used to compel the production of documents and information before filing a lawsuit. According to a press release from Rokita’s office, Notre Dame “failed to provide anything meaningful” in response to the May letter, particularly regarding practices like racially segregated graduation ceremonies and targeted faculty recruitment based on race. The CID demands detailed documentation on admissions, hiring, and DEI-related guidance, with a deadline for compliance set for later this month.
Notre Dame’s Response: A Commitment to Faith and Fairness
Notre Dame, a premier Catholic research university founded in 1842, has firmly defended its DEI initiatives, framing them as integral to its religious mission. In a statement to The Observer, university spokesperson Erin Blasko emphasized that Notre Dame’s policies are rooted in Catholic values, which prioritize the dignity and respect of every individual. “As a faith-based institution driven by its religious values, Notre Dame strives to treat every member of our community in a manner consistent with our firmly held Catholic beliefs,” Blasko said. “We are likewise committed to the rule of law. Accordingly, Notre Dame does not discriminate based on race or ethnicity.”
The university’s 2033 Strategic Framework, a 10-year roadmap published in 2023, underscores its commitment to fostering a diverse and inclusive community. The framework highlights efforts to recruit underrepresented students and faculty, noting that diversity is a “core theme of Catholic social thought.” For example, the document cites data showing that in 2024, 27% of Notre Dame’s undergraduate student body identified as students of color, up from 22% in 2018, reflecting deliberate efforts to broaden representation. However, Rokita’s office argues that these initiatives may prioritize race over merit, potentially violating Indiana’s anti-discrimination laws and the public benefit required of nonprofit organizations.
A Broader Context: DEI Under Fire
Notre Dame is not alone in facing scrutiny over its DEI programs. Rokita’s investigation extends to Butler University and DePauw University, with similar demands for documentation issued to both institutions. According to an analysis by IndyStar, Rokita is the first state attorney general to publicly threaten legal challenges to a university’s nonprofit status over DEI policies, a move that echoes former President Donald Trump’s 2024 threats to revoke Harvard University’s tax-exempt status over unrelated issues. While Rokita’s office lacks the authority to directly revoke nonprofit status—that power lies with the Internal Revenue Service—it can seek court-ordered remedies, such as injunctions to alter policies deemed discriminatory.
The investigation comes amid a national backlash against DEI initiatives in higher education. In 2023, the Supreme Court’s Students for Fair Admissions ruling marked a turning point, striking down affirmative action in college admissions and prompting universities nationwide to reassess their policies. Indiana’s own laws, including a 2024 statute prohibiting public institutions from making decisions based on personal characteristics like race or ethnicity, have further fueled Rokita’s campaign. The Attorney General’s office argues that DEI programs, if implemented in ways that prioritize race, could undermine the meritocracy and public benefit expected of nonprofit universities.
Critics of Rokita’s approach, including the Indiana Chapter of the American Civil Liberties Union (ACLU), argue that the investigation represents an overreach of state authority. “It’s a great expansion of state authority to tell private businesses how they should be making their students and employees feel welcome and included,” said Chris Daley, executive director of the Indiana ACLU. Daley contends that not all DEI programs are discriminatory, and broad investigations risk stifling academic freedom and campus inclusivity.
The Human Impact: Stories Behind the Policies
The debate over Notre Dame’s DEI policies has personal implications for students and faculty. For instance, a 2025 report by Complicit Clergy highlighted the case of a highly qualified Catholic high school student who was rejected by Notre Dame despite a 4.3 GPA, a 35 ACT score, and leadership roles. The report speculated that the student’s race may have played a role in the admissions decision, fueling public outrage on platforms like X, where users have criticized Notre Dame’s 30 DEI administrators and race-focused programs. While such anecdotes are not conclusive evidence of discrimination, they underscore the emotional weight of the issue for families and applicants.
On the other hand, supporters of Notre Dame’s DEI efforts argue that these initiatives are essential for creating an equitable academic environment. Data from the National Center for Education Statistics shows that diverse campuses can improve academic outcomes for minority students, with a 2024 study finding that students at institutions with robust DEI programs reported higher graduation rates (78% for underrepresented groups versus 72% at institutions without such programs). Notre Dame’s framework emphasizes support for underrepresented students, such as mentorship programs and scholarships, which have helped increase retention rates for first-generation students by 15% since 2020.
Legal and Political Implications
Rokita’s investigation raises significant legal and political questions. Under Indiana Code 23-17-24-1, the Attorney General can seek remedies like appointing receivers or dissolving nonprofit corporations that abuse their authority. However, legal experts note that proving discriminatory intent in court is challenging, particularly for a private institution like Notre Dame, which enjoys greater autonomy than public universities. The university’s Catholic mission, which emphasizes inclusivity as a moral imperative, could further complicate Rokita’s case, as courts have historically granted religious institutions leeway in aligning policies with their faith-based values.
Politically, the investigation aligns with a broader conservative push to curb DEI initiatives, a trend evident in actions by other Republican-led states. In 2024, Rokita joined 20 state attorneys general in a letter to the American Bar Association, urging stricter standards against race-based admissions in law schools. More recently, he signed a letter with 11 other attorneys general demanding information from law firms about their DEI practices, signaling a coordinated effort to challenge diversity programs across sectors.
What’s Next for Notre Dame?
As Notre Dame prepares to respond to the CID, the university faces a delicate balancing act: defending its Catholic mission while addressing legal concerns. The outcome of the investigation could set a precedent for how private universities navigate DEI in a post-affirmative action era. If Rokita pursues legal action, Notre Dame could face injunctions or reputational damage, though the loss of nonprofit status remains unlikely without IRS intervention. Conversely, a robust defense of its policies could bolster Notre Dame’s standing as a leader in faith-based inclusivity.
For now, the campus community awaits further developments. Student groups have planned forums to discuss the investigation’s implications, with a recent poll by The Observer finding that 62% of Notre Dame students support the university’s DEI initiatives, while 28% believe they need reform to comply with legal standards. Faculty members, meanwhile, are divided, with some arguing that DEI programs are essential for academic excellence and others calling for greater transparency in admissions and hiring.
A National Conversation
Rokita’s probe into Notre Dame is more than a local dispute—it’s a microcosm of a national reckoning over diversity in higher education. As universities grapple with the legal and cultural fallout of the Students for Fair Admissions ruling, the tension between inclusivity and equality under the law remains unresolved. For Notre Dame, the challenge is to uphold its Catholic commitment to human dignity while navigating an increasingly polarized political landscape. Whether Rokita’s investigation will lead to meaningful reform or overstep the bounds of state authority remains to be seen, but one thing is clear: the debate over DEI is far from over.
