Education
Lawsuit Accuses University of California of Allowing Race to Factor in Admissions
Over the last few months, University of California officials have boasted that they have admitted the most racially diverse class ever to their sprawling system.
They have managed to do this, they say, despite a 28-year-old state ban on considering race in college admissions, known as Proposition 209.
But a lawsuit filed on Monday by a newly formed group takes aim at the university’s efforts, accusing the California system of cheating by secretly restoring race-conscious admissions in defiance of the state law. The group, Students Against Racial Discrimination, was organized by a persistent critic of affirmative action.
The lawsuit accuses the California system of harming all students by gradually bringing back racial preferences in recent years to stem public outrage over the low number of Black and Hispanic students at the state’s top universities.
Stett Holbrook, a spokesman for the University of California system, said the university had not yet been served with the legal papers, so it could not reply directly to the lawsuit. But he said that after the ban, it had adjusted its admissions practices to comply with the law, and it collected undergraduate students’ race and ethnicity for statistical purposes only, not for admission.
Students Against Racial Discrimination was founded last fall by a group that includes researchers and Asian American anti-affirmative action activists. Among them is Richard Sander, a law professor at the University of California, Los Angeles, who has made something of a crusade of fighting affirmative action.
The group’s approach emulates the strategy of Students for Fair Admissions, the organization that defeated Harvard and the University of North Carolina in the landmark 2023 Supreme Court ruling that rejected affirmative action in college admissions nationwide.
The lawsuit accuses the University of California system of violating protections against racial discrimination in Title VI of federal civil rights law and the Equal Protection clause of the 14th Amendment.
It asks the court to order the U.C. system to select students “in a color-blind manner” and to appoint a court monitor to oversee admissions decisions, to “eliminate the corrupt and unlawful race and sex preferences that subordinate academic merit to so-called diversity considerations.”
Last month, the U.C. system reported that Black undergraduate enrollment was up by 4.6 percent and Latino enrollment by 3.1 percent across the 10 campuses. It contrasted those increases with the many other universities that have struggled to maintain Black and Hispanic enrollment in the wake of the Supreme Court decision.
Over nearly a decade, the data show a steady but small rise in African American freshman admissions systemwide — to 7,139, or 5 percent, for the fall of 2024 from 4,358, or 4 percent, in 2016. The percentage of Hispanic students has also risen slightly, from a much bigger base. (About 6 percent of Californians are Black and 40 percent are Latino.)
The university said it had increased undergraduate enrollment overall and the diversity of the incoming class last fall by capping out-of-state enrollment and through funding support from the state, especially at the most in-demand campuses. It also targeted recruitment and college preparatory courses at disadvantaged students and eliminated the SAT and ACT testing requirement.
John Aubrey Douglass, a senior research fellow at the Center for Studies in Higher Education at Berkeley, said that while he was not an insider on admissions practices, “my sense is that admissions is highly regulated and careful to stay clear of Prop 209 restrictions, and the Supreme Court’s ruling on affirmative action.”
Much of the increase in enrollment can be explained by the demographic pool of applicants, and their growing readiness for college as they take required courses and as their high school graduation rates increase, he added.
California voters adopted Proposition 209, which banned the use of race in admissions at public universities in the state in 1996, becoming the first of nine states to take similar action.
The first class at Berkeley’s law school after Proposition 209 was approved had only one Black student, and he had been admitted before the referendum. The situation at Berkeley was so dire that it became the topic of a “Doonesbury” cartoon, in which Joanie Caucus, a Berkeley law graduate, arrives at her reunion to be told that not much has changed except, “Well, we no longer admit Black people.”
Dr. Sander said in an interview that he believes that Berkeley reverted to race-conscious admissions almost immediately.
If so, the impact has been small. The number of African American freshmen admitted to Berkeley has risen to 683, or 5 percent, in the fall of 2024 from 464, or 3 percent, in 2016.
Janet Gilmore, a spokeswoman for the system’s flagship, the University of California, Berkeley, said the institution was complying with the law.
“U.C. Berkeley is committed to admitting and enrolling the best and the brightest students and we do so in compliance with all state, federal and university policies and laws,” she said.
In the fall of 2006, after the passing of Proposition 209, only 96 of the 4,800 freshmen expected to enroll at U.C.L.A. were Black, the lowest figure since 1973. Twenty of those were athletes, according to a front-page article at the time in The Los Angeles Times. The Black students became known as “the infamous 96,” and administrators blamed the situation on the ballot measure. (Four more Black students were admitted on appeal.)
U.C.L.A. also buckled to public outrage, the complaint says. U.C.L.A. referred questions about the case and its admissions to the larger university system.
In the lawsuit filed on Monday, the complaint cites Tim Groseclose, a member of a faculty oversight committee for U.C.L.A. admissions during that period, who said U.C.L.A.’s chancellor had made admissions more subjective. Dr. Groseclose, now a professor of economics at George Mason University, believed that “this new policy became a subterfuge for reactivating racial preferences in admissions,” the complaint says.
Dr. Sander argues that affirmative action is detrimental to Black and Latino students who are less prepared and struggle academically. His theory, known as “mismatch,” argues that students will do better on measures like grades, persistence in science and math and graduation rates at a college that better matches their preparation. The complaint says that the system has become more and more guarded about such data, shutting down websites that provided it.
But many experts have disputed the mismatch theory, especially after Justice Antonin Scalia commented in 2015, during oral arguments in an affirmative action case at the Supreme Court, that Black students might be better off going to “slower-track” colleges where they could succeed.
Matthew Chingos, then a vice president of the Urban Institute, challenged Justice Scalia’s comments at the time. Research has shown that students with similar credentials who attend different colleges are more likely to graduate from the more selective colleges, Dr. Chingos noted.
And his analysis found that the mismatch conclusions were based on “at best very weak evidence for this claim and no evidence of any connection to affirmative action policies.”
The complaint filed on Monday allows that “the effects of Proposition 209 upon U.C. and its students were complex and are still debated by academics.” And the evidence it offers is sometimes contradictory.
To bolster the point that the system is cheating, the complaint says statistical analysis shows an improbable parity between the Black and Hispanic admission rates and the overall admission rate. And it says that Dr. Sander’s analysis of publicly available U.C. law school data shows that Black students with relatively low LSAT scores and grade point averages have 10 times as good a chance to be admitted as a white or Asian American student with similar credentials.
But the complaint also notes that Black and Latino graduation rates across the system were “much higher” in 2006 than in 1998. It argues that is because students “cascaded” down to lesser colleges where they could compete.
And it concedes that there were other factors at play that could explain the increase in Black and Hispanic students — not that they were being favored in the admissions office, but that more were applying and getting in as the university system responded to Proposition 209 by putting more resources into helping them.
Susan C. Beachy contributed reporting.
Education
Opinion | 13 George Washington Interpreters on Embodying an Icon
In our national memory, George Washington is a mythic figure, cast in metal, carved in stone. His leadership, first as general, then as president, is so intertwined with the roots of this country that it is sometimes hard to separate the man from the idea of America. How does one imagine the living presence of such an icon, much less embody him?
There is a small fraternity of men bold enough to try. At historical parks and commemorations from Virginia to Seattle, these interpreters (their preferred term) transform themselves into Washington. Each has his own approach, but what all their representations seek to capture is a legacy that has endured from his time to ours. If America, at least in part, is an idea, then our national project becomes, like theirs, an act of interpretation, an imperfect attempt to translate some idealized vision into the messy reality of our own time.
— Ezekiel Kweku
“By some strange quirk
of genetics, I have
Washington’s exact
dimensions. Where my
sleeves fall on my wrist,
the size of my chest, the
size of my thighs, where
the breeches fall to my
knees, are all identical.”
John Koopman, 67, often performs
while riding his horse, Bear. He
has portrayed Washington for 20 years.
James Fryer, 70, wears a replica of a general’s uniform that Washington designed himself. He recently completed training to portray Washington for the nonprofit Historic Philadelphia.
“Some people portray George as a marble statue. I don’t do a marble George. I am interested in talking to everyone, even those who yell at me because George was a slave owner. I want to respect them, try to educate them, or maybe even inspire them.”
Vern Frykholm, 77, was moved to bring his interpretation of Washington to Washington State, where he lives, after seeing a 2011 performance in Pennsylvania.
Dean Malissa, 73, signs his personal
correspondence, including emails,
as Washington did: “Your Most Humble
and Obedient Servant.” He became
the Official George Washington
at Mount Vernon in 2004, and held
that role for nearly 20 years.
“I describe him sometimes as just a dude. I look at him and think, I could see myself in the same world, making similar bad decisions or similar good decisions.”
Daniel Cross, 39, portrayed a young Washington at Virginia’s Colonial Williamsburg until last year. He now works with organizations around the country.
Curt Radabaugh, 62, has 13,000 history books in his personal library, including several hundred about Washington. He is a veteran of the U.S. Marines and a retired police officer.
“He’s a mentor, a father
figure, and not only in the
sense that he’s a patriarch
of the country. Because
I grew up without a
father, he kind of became
my surrogate father.”
Brian Hilton, 58, says he researches
Washington’s era every morning before
his children get up and at night after
they go to bed. He is a high school history
teacher near Richmond, Va.
Daniel Shippey, 57, partners on interpretations with his wife, Kelly, who portrays Martha Washington. Kelly researched 18th-century hair techniques to create her husband’s costume hairstyle. They live in Virginia.
“You’re playing the myth of George Washington as well as the historical figure. I make his voice a little firmer and deeper than it probably was in real life. I play him a little funnier than he probably was. In reality, if you came to see him, he probably wouldn’t talk to you as much as I do.”
Doug Thomas, 53, is Washington’s second cousin nine times removed.
John Godzieba, 67, has reenacted
the crossing of the Delaware as
Washington every Christmas for the
past 16 years at Pennsylvania’s
Washington Crossing Historic Park.
“In many ways I don’t look like him. My eye color is wrong. My nose is wrong. My hair color is wrong. I wouldn’t have cast myself in this role.”
Ron Carnegie, 64, has portrayed Washington at Colonial Williamsburg for 20 years.
Ryan Williams, 37, is a veteran who specializes in playing a young Washington during the French and Indian War. He lives in Virginia.
“Some people portray
Washington almost
like a superhero.
I like to bring out that
he has faults. He’s a
person like you or me.”
Michael Grillo, 64, is a historical
tailor who hand-sews his own clothes
for reenactments. He also makes
period props, including two American
battle flags and pewter mugs
engraved with Washington’s crest.
Martin Schoeller is a photographer and director known for his close-up portraits of everyone from world leaders and celebrities to female bodybuilders. For this project, he used a large format camera to photograph 13 historical interpreters of George Washington — many of whom arrived in full uniform — over three days in Virginia and New York City.
Additional reporting by Tenzin D. Tsagong. Interviews have been edited and condensed for length and clarity. Top quotes from Brian Hilton, Daniel Shippey and Daniel Cross.
Produced by Sara Barrett, Danny DeBelius and Sam Whitney. Additional production by Olivia James.
Education
This Little Robot Cleans Windows
One task the robots can take from us? Cleaning. Especially hard-to-access windows. So when writers Caroline Mullen and Evan Dent found this little guy — whose government name is “EcoVacs Winbot Mini” — they were intrigued. Could he clean the uncleanable? Caroline and Evan put their robot friend to the test at both the Wirecutter office and a high-rise apartment. Is a robo-window cleaner more effective than scrubbing yourself?
Education
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