UNITED STATES of America, Plaintiff-Appellee, v. EL CAMINO COMMUNITY COLLEGE DISTRICT and Stuart E. Marsee, Defendants-Appellants

The Government brought this suit to compel El Camino Community College District (“College”) and its President and District Superintendent, Marsee, to supply the Office for Civil Rights (“OCR”) of the Department of Health, Education and Welfare (“HEW”) with information about the composition of the College’s workforce and student body, its recruiting and hiring procedures for academic and other positions, its student recruiting procedures, and its financial and academic assistance programs for students. The College declined the request unless the request was limited to federally-assisted programs or activities. OCR refused to limit its request, efforts to secure voluntary compliance failed, and the Department of Justice filed this complaint seeking a declaratory judgment that the College’s refusal to comply with the request for information violated Title VI. The Government sought a declaratory judgment and an injunction. Following cross-motions for summary judgment, the district court granted a permanent injunction and declaratory relief. The College and Marsee appeal.

On appeal the College argues that the administrative regulations promulgated by HEW (45 C.F.R. Part 80) were in…