Discriminatory Kansas Wesleyan U ‘NEXT Level’ Program Challenged By Equal Protection Project

The Equal Protection Project (EqualProtect.org) is a project of the Legal Insurrection Foundation devoted to fighting unlawful discrimination in all forms. While most of our cases have involved race, color, and national origin discrimination, we challenge all forms of unlawful discrimination, including sex discrimination.

Since its launch, EPP has challenged over 850 discriminatory programs and scholarships at more than 290 colleges and universities. This work ensures every student has the opportunity to compete on equal terms.

Our most recent filing on September 30, 2026, was a Civil Rights Complaint against Kansas Wesleyan University (“KWU”):

We bring this civil rights complaint and request for investigation regarding Kansas Wesleyan University’s (“KWU”) NEXT Level Program (“NEXT Level” or “the program”) which appears to racially discriminate in violation of Title VI.

We then go on to explain what the NEXT Level Program is and how it violates the Civil Rights Act:

According to KWU’s website, NEXT Level targets “historically underserved students,” a category KWU defines to include first-generation college students, students from low socioeconomic backgrounds, and “students of color.” To join, students must reach out to a faculty member within KWU’s Office of Student Engagement.

Link: https://www.kwu.edu/next-level/ (accessed August 25, 2026)
Discriminatory Requirement: “This population
includes, but is not limited to the following:
• Individuals who are the first generation in their family to attend college.
• Those of low socio-economic background.
• Students of color.”

EPP then explains why such a requirement violates federal law:

NEXT Level appears to violate Title VI by discriminating on the basis of race, color, or national origin. The program states that it serves “historically underserved students,” which KWU defines to include first-generation college students, students from low socioeconomic backgrounds, and “students of color.” Under these criteria, students of color qualify based on race alone, while other students must satisfy a separate socioeconomic or first-generation eligibility requirement.

Title VI of the Civil Rights Act prohibits intentional discrimination on the basis of race, color or national origin in any “program or activity” that receives federal financial assistance. See 42 U.S.C. § 2000d. The term “program or activity” means “all of the operations … of a college, university, or other postsecondary institution, or a public system of higher education.” See 42 U.S.C. § 2000d-4a(2)(A); Rowles v. Curators of the Univ. of Mo., 983 F.3d 345, 355 (8th Cir. 2020) (“Title VI prohibits discrimination on the basis of race in federally funded programs,” and thus applies to universities receiving federal financial assistance). As KWU receives federal funds, it is subject to Title VI.

As we always do, we then spend several pages explaining why the program violates not only federal and state law, but also the college’s own non-discrimination rules. We then request that a formal investigation be opened.

Reminder: we are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

Robert Fox is an attorney at the Equal Protection Project, and focuses, among things, on filing civil rights complaints against DEI discrimination.

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