Exclusive: New Civil Rights Complaint Against UC Berkeley for Discrimination

A new civil rights complaint has just been submitted pursuant to the U.S. Department of Education’s Office for Civil Rights discrimination complaint resolution procedures, on behalf of the Equal Protection Project of the Legal Insurrection Foundation, a non-profit that, among other things, seeks to ensure equal protection under the law and opposes unlawful discrimination in all forms.

The African American Student Development Office.

The Black Resource Center.

The Haas Undergraduate Black Business Association.

The Chicanx Latinx Student Resource Center.

The African American Initiative Scholarship.

The Lloyd A. Edwards Scholarship to support Black or Native American undergraduate students at UC Berkeley.

These are all programs at UC Berkeley that discriminate based on race and ethnicity, and violate Title VI, says the civil rights complaint against University of California, Berkeley.

Additionally, the complaint says, because Berkeley is a public university, the Programs also violate the Fourteenth Amendment’s equal protection guarantee.

William A. Jacobson, Esq., President and Founder of the Equal Protection Project, and Timothy R. Snowball, Esq., Senior Attorney, Equal Protection Project, filed the civil rights complaint Tuesday. “Several student centers and scholarships at Berkeley signal that the programs are intended for certain racial and ethnic groups,” Jacobson told the Globe in an exclusive interview. “Under well-settled law that is a civil rights violation because it would likely dissuade students from other racial and ethnic groups from applying or attempting to participate.”

The “signaling” is to other students that the African American Student Development Office and the Black Resource Center and the Chicanx Latinx Student Resource Center are school resources for certain groups only.

“These race- and ethnicity-focused programs reflect what has gone wrong in higher education, where group identity drives educational opportunity, in this case programming designed for and promoted as for one racial or ethnic group,” Jacobson said. “This violates the Civil Rights Act of 1964 and the 14th Amendment to the U.S. Constitution, as well as California law and Berkeley’s own nondiscrimination policies.”

“We are only asking that Berkeley live up to its own promise of nondiscrimination. That should not be controversial.”

Jacobson told the Globe that extra help for students at the university needs to be based on individual needs, not race. And by calling these “student centers” or “student offices” doesn’t get the university off the hook.

These groups signal that school resources are only for certain racial groups. Yet “Title VI prohibits intentional discrimination on the basis of race, color, or national origin in any ‘program or activity’ that receives federal financial assistance,” the complains says.

“The African American Student Development Office is the support hub for Academic, Personal, Professional Development, Community and Cultural Support Center for Students. In partnership with students, staff, faculty, campus and community partners, we develop, deliver and implement student development programs, opportunities and events centered around the diversity mission of the University of California.  Our office is here to support you as a Cal student, help you to pursue academic excellence, and assist you in building your own community on campus,” the UC Berkeley African American Student Development says on the UCB website.

“Black student orientation, Black Wednesday, Black homecoming, Black grad,” there are more than 40 “Black Registered Student Organizations (RSOs) at UC Berkeley,” the website says.

“Opening in September 2022, the Latinx Student Resource Center is a campus space dedicated to the academic, social, emotional, cultural, and professional development of Chicanx/Latinx students at UC Berkeley. The Latinx Student Resource Center (LSRC) provides a physical space with programming that builds community, celebrates the Latinx diaspora, and prepares students for graduation and beyond,” the UC Berkeley Latinx Student Resource Center says on the UCB website.

There is even a Chicanx Latinx Graduation Celebration.

The chilling effect other students may experience can be compared to a business that posts a sign that says “No Blacks Allowed.” The sign scares them away, so they never even consider entering. Non-Chicanx Latinx students and non-African American Student won’t even try to get help at the African American Student Development Office, or the Chicanx Latinx Student Resource Center.

“The programs not only are explicit in their discrimination, they also signal that discrimination,” the complaint says.

“Berkeley has administrators whose job it is to ensure equality for all students regardless of race or ethnicity. Why was no action taken to stop these programs from benefitting one group over others, and to open them up to everyone?” Jacobson said.

What about non-Chicanx Latinx and non-African American Student students who may need additional help?

“Regardless of whether non-Hispanic students are turned away, this strong racial signaling is likely to dissuade students who do not meet this racial category from participating,” the complaint says.

So what’s the goal of the complaint? “…that the Department of Education’s Office for Civil Rights promptly open a formal investigation, impose all appropriate remedial measures authorized by law to address the five identified programs at Berkeley, and ensure that all current and future initiatives and programs fully comply with Title VI, the Equal Protection Clause of the Fourteenth Amendment, and other applicable federal civil rights guarantees.”

The Globe will follow the complaint.