Last month, Mountain States Legal Foundation filed a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) over the “Black Graduation” held by U.C. Berkeley. Based on the title of the event and its content, the Black Graduation clearly prevents any individual who is not of black or African descent from participating on an equal basis. In our complaint, MSLF alleged that the Black Graduation was a violation of Title VI of the Civil Rights Act, which bars race discrimination in schools and colleges like Berkeley.
On July 17, MSLF received the news that the Office for Civil Rights (OCR) has opened a case against U.C. Berkeley in response to our complaint. Part of the OCR response was: “OCR is opening the allegation/legal issue described above for investigation because OCR has determined that it has jurisdiction, that the allegation was timely filed, and that it is appropriate for investigation under the laws and regulations enforced by OCR.”
While this is just a threshold step, we are pleased that OCR recognizes that the case against Berkeley must proceed.
MSLF will always stand for racial equality for everyone at all events, programs, and activities, including graduations. We look forward to seeing OCR enforce Title VI in this context.
“All of Berkeley’s events and programs must be open to everyone, regardless of race. No event can cater exclusively to black students, just as no event can cater exclusively to white or Asian students. As both an alumnus of Berkeley and a former official in the Department of Education, I can say that this event should not go forward next year. We look forward to demonstrating that there is no exception to racial equality in this context.”
Will Trachman, General Counsel
Read the FULL Office for Civil Rights Response here:
