Gansler argued that the investigation by the Office for Civil Rights (OCR) was rushed, and no actual evidence of discrimination had been presented. He emphasized that no job applicant had been discriminated against by George Mason University (GMU), and the allegations made by OCR were baseless. “It is a legal fiction for OCR to even assert or claim that there has been a Title VI or Title IX violation here,” Gansler wrote.
The Education Department’s allegations stem from an OCR investigation into GMU’s hiring and promotion practices, which the department claims violate Title VI of the Civil Rights Act by considering race and other immutable characteristics in university decisions.
The Education Department proposed a resolution agreement requiring President Washington to publicly affirm GMU’s compliance with Title VI and issue an apology for promoting unlawful discriminatory practices. However, Gansler argued that issuing an apology would imply GMU’s admission of guilt, potentially exposing the university to legal liability.
In response, GMU’s Board of Visitors stated they were reviewing the proposed resolution steps, while Gansler highlighted that the university had already taken steps to ensure compliance with new federal mandates under the Trump administration. These steps included ceasing affirmative action programs, dissolving the Office for Diversity, Equity, and Inclusion (DEI), and eliminating or restructuring positions associated with DEI efforts.
Gansler further emphasized that GMU had already taken proactive measures to align with the federal government's expectations before the OCR investigation, pointing to a robust internal effort to address diversity and inclusion initiatives. The legal dispute between GMU and the Education Department is ongoing, and Gansler has requested to be involved in discussions regarding the university’s response to the Education Department’s demands. He stressed that the process must begin with a clear and shared understanding of the facts, which he claims have yet to be established.
