In recent months, officials at the University of California have boasted that they have admitted the most racially different class in their spacious system.
They have managed to do so, they say, despite the 28 -year -old ban from examining the race in college imports, known as a proposal 209.
However, a lawsuit filed on Monday by a recently designed team aims at university’s efforts, accusing California’s cheating system, secretly restoring entrances that realize the tribes as opposed to state law. The group, the students against racial discrimination, were organized by a persistent critic of affirmative action.
The trial accuses the California system to harm all students, gradually bringing racial preferences in recent years to prevent public rage for the low number of black and Spanish students at the top universities of the state.
Stett Holbrook, a spokesman for the University of California system, said the university had not yet been indulged in legal documents, so he could not respond directly to the lawsuit. But he said that after the ban, he had tailored to admission practices to comply with the law and gathered the race and nationality of undergraduate students only for statistical purposes, not for introduction.
Students against racial discrimination were founded last fall by a group that includes researchers and Asian American reactionary action activists. Among them is Richard Sander, a professor of law at the University of California, Los Angeles, who has done something of a crusade to combat the affirmative action.
The group’s approach imitates students’ strategy for fair admissions, the organization defeated by Harvard and the University of North Carolina in the ruling of the Supreme Court of Landscaping 2023 that rejected the affirmative action on the imports of college.
The trial accuses the University of California a system of violating the protection against racial discrimination in the title VI of the federal law on civil rights and the equal protection clause of the 14th amendment.
He asks the court to order the UC system to choose students in a blind way and to appoint a judicial monitoring to oversee admission decisions, to “eliminate corrupt and illegal race preferences and sex estimates.”
Last month, the UC system reported that black undergraduate registration increased by 4.6 % and the Latino registration by 3.1 % in 10 campuses. In contrast to these increases with the many other universities that fought to maintain black and Spanish registration after the Supreme Court’s ruling.
Over almost a decade, data show a steady but slight increase in African American imports of newcomers throughout – to 7,139 or 5 %, for the fall of 2024 from 4,358 or 4 % in 2016. The percentage of Spanish students also has increased slightly, from a much larger base. (About 6 % of Californians are black and 40 % are Latino.)
The university said it had increased overall undergraduate registration and diversity of incoming class last fall, covering it out of registration and through state funding support, especially in the most requirements of campuses. It also targets recruitment and preparatory college courses to disadvantaged students and eliminated the SAT and ACT test requirement.
John Aubrey Douglass, a senior researcher at the Berkeley Higher Education Center, said that while he was not confidential in import practices, “my feeling is that the imports are extremely regulated and careful to stay away from the props of Prop 209, and the judgment of the Supreme Court for the affirmative action.
Much of the increase in registration can be explained by the demographic group of applicants and their growing preparedness for college as they take the required courses and as their high school graduation rates are increasing, he added.
California voters adopted proposal 209, which banned the use of the race in imports to public universities in 1996, making it the first of nine states to take similar action.
The first class at the Berkeley Law School after the proposal 209 was approved had only one black student and was accepted before the referendum. The situation in Berkeley was so intense that it became the subject of a “Doonesbury” animated plans, in which Joanie Caucus, a graduate of Berkeley’s law, reaches her reunion to say that she has not changed much except: “Well, we no longer admit anymore Black. “
Dr. Sander said in an interview that he believes Berkeley returned to the entrance tribes almost immediately.
If so, the impact was small. The number of African -American freshmen admitted that Berkeley was increased to 683 or 5 %, in the fall of 2024 from 464 or 3 % in 2016.
Janet Gilmore, a spokesman for the System of the University of California, Berkeley, said the Foundation had complied by law.
“UC Berkeley is committed to admitting and registering with the best and brightest students and do so in accordance with all state, federal and university policies and laws,” he said.
In the autumn of 2006, after the passage of the proposal 209, only 96 of the 4,800 emergenators expected to register with UCLA were black, the lowest number since 1973. Twenty of them were athletes, according to a first -page article at LOS Angeles Times. Black students became known as “the famous 96”, and the administrators accused the situation in the voting measure. (Four more black students were admitted to appeal.)
UCLA also destroyed public anger, the complaint says. UCLA reported questions about the case and its imports to the largest university system.
In a lawsuit filed on Monday, the complaint quotes that Tim Grosclose, a member of a UCLA School Supervisory Committee during this period, who stated that the UCLA Chancellor had made the imports more subjective. Dr. Grosclose, now a professor of Economics at George Mason University, believed that “this new policy has become a retreat to reactivate racial preferences in imports,” the complaint said.
Dr. Sander argues that positive action is detrimental to black and Latin students who are less prepared and academically struggling. His theory, known as “mismatch”, argues that students will better do measures such as grades, perseverance in science and mathematics and graduation rates in a college that best suits their preparation. The complaint states that the system has become increasingly guarded for such data, closing sites that provided it.
However, many experts have questioned the theory of mismatches, especially after commenting on Antonin Scalia in 2015, during oral arguments in a affirmative case in the Supreme Court, that black students could be better.
Matthew Chingos, then vice -president of the Urban Institute, at that time questioned the comments of Justice Scalia. Research has shown that students with similar credentials attending different colleges are more likely to graduate than the most selective colleges, Dr. Chingos said.
And his analysis found that the conclusions of mismatch were based on “at best very weak indications of this claim and no evidence of no relation to positive action policies”.
The complaint lodged on Monday allows that “the impact of the proposal 209 on UC and its students were complex and are still discussed by academics”. And the elements it offers are sometimes contradictory.
To reinforce the point that the system is deceived, the complaint states that statistical analysis shows an unlikely exchange rate between black and Spanish rates of admission and total admission rate. And he says that the analysis of Dr. SANDER on the available public data of the UC Law School shows that black students with relatively low LSAT scores and average grade terms have 10 times the opportunity to admit as white or Asian American student with similar credentials.
However, the complaint also notes that the rates of black and Latinids across the system were “much higher” in 2006 than in 1998. He argues that this is due to the fact that students “destroyed” in smaller colleges where they could compete.
And he admits that there were other factors that could explain the increase in black and Spanish students – not that they favored the import office, but that more were applying and incoming as the university system responded to proposal 209 with the installation of more resources to help.
Susan C. Beachy They contributed reports.