George Mason University President Gregory Washington is refusing a federal demand to apologize for alleged racial discrimination in the university’s hiring and promotion practices, according to a letter his attorney sent Monday to the GMU Board of Visitors.

In the letter, Washington’s attorney Douglas Gansler challenged the U.S. Department of Education’s findings that the college violated Title VI of the Civil Rights Act of 1964 as “legal fiction.” 

He also criticized the “very incomplete fact-finding process” of the investigation conducted by the DOE’s Office of Civil Rights in response to a complaint filed by GMU professors alleging discriminatory hiring and promotion practices. 

Gansler also noted the investigation’s “gross mischaracterizations” of prior statements by Washington and the lack of attention to his and the board’s two-year review process of diversity, equity and inclusivity initiatives, which has already led to the replacing of GMU’s DEI office and to the removing or changing of several programs and positions.

The letter was sent to board members days after the DOE announced its investigation’s findings and recommended actions for GMU, including a statement with a formal apology from Washington, to ensure compliance as part of a resolution agreement. 

The announcement came with a 10-day deadline for Washington and GMU officials to voluntarily resolve the alleged violations. 

“Despite this unfortunate chapter in Mason’s history, the university now has the opportunity to come into compliance with federal civil rights laws,” Acting Assistant Secretary for Civil Rights Craig Trainor said in the announcement. 

Gansler warned in his letter that complying with the DOE’s resolution agreement would constitute admission of unlawful conduct and “would open GMU to further legal risk” in other current and future investigations. GMU is currently the focus of three other federal investigations. 

In a statement last Friday, the GMU board described the DOE’s findings as “a serious matter,” and would review the proposed resolution steps. 

“We will continue to respond fully and cooperatively to all inquiries from the Department of Education, the Department of Justice and the U.S. House of Representatives and evaluate the evidence that comes to light,” the Board said. “Our sole focus is our fiduciary duty to serve the best interests of the University and the people of the Commonwealth of Virginia.” 

Neither the board nor the DOE has made any statement following Gansler’s letter at time of publication.