DOJ says Ohio State med school used race in admissions
A new Justice Department findings letter, which Ohio State is contesting, points to separate pathways, race-visible screening and interview advantages as potential Title VI problems during an active admissions cycle.

The Justice Department said on Wednesday, October 21, that Ohio State University College of Medicine violated Title VI by using race in admissions for its 2023, 2024, and 2025 entering classes, and warned that it will seek a settlement and sue if Ohio State does not bring its process into compliance. The timing raises the stakes beyond one campus dispute: Ohio State’s 2026-27 medical-school cycle is already active, with interview season running from August through March and admission decisions having started on October 15. (justice.gov)
Ohio State is contesting the finding. In a statement reported by Reuters, the university said it “strongly disagrees,” is in full compliance with the Supreme Court’s 2023 admissions ruling and other federal and state laws, does not consider race or ethnicity in admissions, and will fight the department’s conclusions. (usnews.com)
What changed, then, is not that a court has ruled against Ohio State. It is that the Justice Department has issued a formal findings letter during an active rolling-admissions season, giving medical schools and graduate programs a fresh enforcement blueprint of what federal investigators now say crosses the line. What remains uncertain is whether Ohio State will change anything immediately, negotiate a resolution, or force the issue into litigation that could test how aggressively the government can police post-Students for Fair Admissions admissions design. (justice.gov)
The process, not just the class profile
According to the department’s findings letter, Ohio State used “two principal pathways of discrimination.” In the ordinary process, DOJ says, “Super Screeners” could see applicants’ race while assigning scores and deciding who would move forward. The department said Black applicants who were screened and considered for interview were about 2.8 times as likely to be admitted as Asian applicants with equal credentials. DOJ also alleged a separate “side door” through which some applicants could be admitted without receiving a screener score or sitting for an interview; in that pathway, the department said, Black applicants in 2024 and 2025 combined were four times as likely to be admitted as white applicants, and no Asian applicants were admitted through it. (justice.gov)
That level of detail matters because it shifts the compliance question away from slogans and toward workflow. Ohio State’s public admissions pages tell applicants they will have two interviews, one with a faculty member and one with a current medical student or resident, and that interviewed applicants are presented to the admissions committee for a vote. If DOJ is right that some applicants could reach admission without the usual screening score or interview, then the vulnerability is not only the final outcome. It is the existence of alternate routes, exceptions, or referral channels that are not governed by the same documented rules as the main process. That is the kind of operational mismatch general counsel and admissions leaders now have to map, line by line. (medicine.osu.edu)
The findings letter also signals how suspicious federal investigators are of race-adjacent decision rules. DOJ said Ohio State admissions officers discussed race proxies, especially socioeconomic disadvantage, and pointed specifically to conversation around the “Davis Scale” or SED. That does not mean socioeconomic review itself is unlawful; institutions routinely and lawfully consider disadvantage. But the Ohio State letter shows the department is prepared to argue that a facially neutral factor becomes a legal problem if investigators conclude it is being used as a stand-in for race. (justice.gov)
A widening medical-school campaign
Ohio State is not an isolated enforcement target. On June 4, the Justice Department said it had opened 15 additional medical-school investigations after earlier findings involving UCLA and Yale. Since then, DOJ has announced findings against UC Davis on June 10, UC San Diego on July 20, George Washington on August 27, UCSF on September 22, and now Ohio State on October 21. (justice.gov)
Taken together, those cases show investigators are scrutinizing the plumbing of admissions, not just whether a school talks about diversity. In recent findings, DOJ has challenged essay prompts it says were designed to reveal race, reviewer access to race during screening, disparate interview scoring, the use of “hardship” categories or socioeconomic markers as race proxies, and alternate or shadow pathways into the class. Ohio State fits that pattern: the department’s theory is not simply that its class outcomes were racially skewed, but that the architecture of the process itself was built to produce that result. (justice.gov)
For higher-ed operators, that is the practical lesson. The post-SFFA risk is no longer confined to the obvious question of whether an application still asks a race question. Federal investigators are now looking at who can infer race from essays, who can see race during screening, whether interview invitations are distributed evenly under the stated criteria, and whether any pipeline, special track, or exception path bypasses the same checkpoints everyone else must clear. That is a much broader review than many campuses initially had in mind when they scrubbed admissions forms after the Supreme Court’s June 2023 ruling. (supremecourt.gov)
The admissions-cycle pressure point
The Ohio State case lands at an awkward moment for any medical school still treating compliance review as a summer project. Ohio State’s regular MD primary deadline is November 2, with secondary deadlines stretching into mid-November and December, while interview season continues through March and decisions are released roughly every two weeks. In other words, this is not an off-cycle warning. It is arriving while files are being screened, interview invitations are being extended, and seats are being filled. (medicine.osu.edu)
That creates a second-order problem for institutions beyond legal exposure. A medical school can often defend its mission in broad terms — training physicians for underserved communities, widening the pipeline, building a class that can serve a diverse patient population. But a rolling admissions process depends on speed, delegated judgment, and exceptions. If a dean or committee now has to re-check how alternate pathways feed into the class, whether reviewers were blinded consistently, or whether a special program can lawfully yield admission without the same interview sequence described on the public website, that review competes directly with the ordinary business of moving applicants through the cycle. The operational burden is part of the story. (medicine.osu.edu)
Ohio State may yet persuade a court that DOJ has misread its process or overreached in its interpretation of Title VI after Students for Fair Admissions. But unless and until that happens, the Ohio State letter stands as one of the clearest federal examples of what admissions mechanics are now under examination: separate pathways, race-visible screening, interview advantages tied to race, and proxy variables that investigators believe mask the same preference. The next thing to watch is straightforward: whether Ohio State changes its procedures before more offers go out — and how many other selective programs quietly start tracing every handoff in their own admissions workflow before DOJ does it for them. (justice.gov)


