Higher Education

OU fights lawsuit alleging race-based scholarship awards

October 27, 2026

Ray Carter

In 2024, three University of Oklahoma students filed a lawsuit alleging that the university considered race in awarding financial aid and scholarships. The proposed class-action lawsuit claims that the university’s practices violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. The plaintiffs seek damages on behalf of students allegedly harmed by those practices.

OU officials responded by filing a motion to dismiss the lawsuit, arguing, among other things, that its status as an “arm of the State” protects it from suit under the Eleventh Amendment to the U.S. Constitution.

In September, U.S. District Judge Patrick Wyrick ruled the lawsuit could proceed. Wyrick noted that under federal law a state is not immune under the Eleventh Amendment from suit in federal court for a violation of Title VI of the federal Civil Rights Act of 1964, which prohibits discrimination based on race by entities that receive federal financial assistance. Wyrick also concluded that relevant sections of federal law do not “preserve Eleventh Amendment immunity” for the university in this case.

Title VI prohibits discrimination based on race, color, or national origin by programs and activities receiving federal financial assistance.

The judge’s ruling addressed whether the plaintiffs’ allegations were legally sufficient to proceed, not whether OU actually discriminated against students.

Now, OU has filed a notice of appeal, indicating the school will ask judges on the United States Court of Appeals for the Tenth Circuit to reverse Wyrick and hold that the university is immune from lawsuit, which would prevent the case from going forward and prevent the discovery process from beginning.

In their complaint, the plaintiffs alleged that “racial preferences continue to exist at the University of Oklahoma” despite prior court rulings, including the U.S. Supreme Court’s 2023 decision restricting race-conscious college admissions policies.

The plaintiffs contend that OU’s alleged use of race in awarding financial aid violates federal civil-rights law.

As evidence, the complaint cited a statistical analysis of publicly available data that the plaintiffs say indicates OU considers race when awarding financial aid.

According to the complaint, the analysis examined published enrollment data and financial-aid information OU reported to the U.S. Department of Education for academic years 2002-2003 through 2021-2022. The plaintiffs said the analysis found an association between the racial composition of the student population and students’ average net cost of attendance. They contend that the findings support their allegation that race influences financial-aid decisions.

The statistical analysis, as described in the complaint and the court’s order, does not by itself establish that two otherwise similarly situated students received different scholarship amounts solely because of race.

The plaintiffs are represented by Cooper & Kirk, a law firm based in Washington, D.C.

Oklahoma Council of Public Affairs General Counsel Ryan Haynie is local counsel for the lawsuit.