These include the African American Student Development Office, the Black Resource Center, the Latinx Student Resource Center, the African American Initiative Scholarship, and the Lloyd A. Edwards Scholarship.
These include the African American Student Development Office, the Black Resource Center, the Latinx Student Resource Center, the African American Initiative Scholarship, and the Lloyd A. Edwards Scholarship.
The allegations in the Complaint concern five racially discriminatory programs that violate federal law. Berkeley describes the African American Student Development Office as a support hub for academic, personal, and professional development for Black students. The Black Resource Center “is a space for Black students to safely gather on campus and benefit from dedicated academic, social, and cultural services” and “is dedicated to enhancing the Black student experience in all aspects at Berkeley and enriching Black student life.” The Chicanx Resource Center “is a campus space dedicated to the academic, social, emotional, cultural, and professional development of Chicanx/Latinx students at UC Berkeley.” African American Initiative Scholarship “provides African American students with financial support to help make their Cal education more accessible.” And the Lloyd A. Edwards Scholarship “provides an award of $5,000 annually for up to four years to support Black or Native American undergraduate students at UC Berkeley.” Berkeley is not even trying to hide the discrimination. Instead, the university appears to flaunt it. By being open only to certain students based on their race, either explicitly or through strong racial signaling , these five programs discriminate against all students not fitting the selected racial category.Title VI prohibits intentional discrimination on the basis of race, color, or national origin in any “program or activity” that receives federal financial assistance. It does not matter if the recipient of federal funding discriminates in order to advance a benign “intention” or “motivation.” The primary question is whether an ordinary reader would be discouraged from participating.Under so-called “strict scrutiny,” racial classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests.By discriminating on the basis of race, Berkeley’s African American Student Development Office, Black Resource Center, Latinx Student Resource Center, African American Initiative Scholarship, and Lloyd A. Edwards Scholarship, violate Title VI and the Fourteenth Amendment.
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