Systemwide Program Limited to “Males of Color” at California State University Challenged By Equal Protection Project

Systemwide Program Limited to “Males of Color” at California State University Challenged By Equal Protection Project

The Equal Protection Project (EPP) (EqualProtect.org) of the Legal Insurrection Foundation has challenged numerous racially discriminatory programs done in the name of Diversity, Equity, and Inclusion. In all we have filed over 40 complaints and legal actions since launch in February 2023, with over half the schools withdrawing or modifying the discriminatory programs after our filing. (See EPP September 2024 Impact Report.)

Almost all of our actions have addressed discrimination in higher education. In our latest action, we have filed a Civil Rights Complaint (full embed at bottom of post) with the Office for Civil Rights of the U.S. Department of Education, against the against the the California State University (“CSU”) system for its Young Males of Color (“YMOC”) Consortium which is housed at California State University Dominguez Hills and operates discriminatory “Men of Color” programs at 23 campuses in the CSU system, including at least eight on a basis that appears to violate Titles VI and IX of the Civil Rights Act of 1964 and the 14th Amendment to the U.S. Constitution.

From the Complaint:

According to its website, a screenshot of which is reproduced below, the goal of the CSU YMOC Consortium is “to create systemic changes in higher education and improve outcomes for Black, Latinx, Asian Pacific Islander and Native American males.2 [image omitted]

The program website also asserts that its race- and sex-based discrimination is necessary because, due to “institutional and systemic factors, young men of color continue to experience a range of racial inequities in educational contexts, from Pre-K through higher education,” and that “what is needed … is an approach … that increases access and opportunities for young men of color and creates greater racial equity and healing.”3 [image omitted]

At least eight of the CSU YMOC Consortium’s 23 programs, listed below, are currently operating and violate Title VI of the Civil Rights Act of 1964 (“Title VI”) and its implementing regulations4 by illegally excluding students based on their race and skin color, and all of these programs violate Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations5 by excluding females based on their sex.

Because CSU is a public education system, this discriminatory program also violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

We then go on to detail each program in question. For example:

The Cal Poly San Luis Obispo Men of Color Success Initiative is a single-sex, male-only program that “supports and advances the potential of undergraduate men of color by empowering students with integral skills, community, and knowledge to foster success. The initiative focuses on increasing retention and graduation rates for men of color; identity exploration and holistic development through cultural affirmation and ‘brave space’ communities; establishing a support network of mentors; and strengthening the sense of community among all students who self-identify as men of color (African American, Hispanic/Latinx, Asian-American/Pacific Islander, American Indian, and multiracial men, this also includes men of trans experience).”13 [image omitted]

The filing has been picked up by KSBY TV.

The Equal Protection Project is led by Cornell law professor William Jacobson. It’s “devoted to the fair treatment of all persons without regard to race or ethnicity,” according to the organization’s website.

“We’re calling for Cal State to change this program, to find a better way to help people who might be underperforming as a group,” Jacobson said. “But you’ve got to do it in a way that’s not exclusionary — and that by its terms is exclusionary.”

Cal Poly’s Men & Masculinities program is one of those programs Jacobson says does not include white students or female students.

“The CSU has and continues to operate programs to meet the unique needs of our diverse student demographic,” Director of Public Affairs for the Cal State University System Amy Bently-Smith said. “And we are confident that our programs fall within the legal guidelines outlined by the U.S. Department of Education.”

Bently-Smith also pointed out that the U.S. Department of Education permits race-themed school programming, as long as the programs offered are open to all students, regardless of race.

The San Luis Obisbo Tribune also covered the story:

The complaint was filed by the Equal Protection Project, a Rhode Island-based nonprofit that has filed at least 21 similar complaints against programs at colleges and universities this year. The organization is affiliated with the Legal Insurrection Foundation, a conservative advocacy nonprofit known for opposing critical race theory and diversity initiatives. It was founded by Cornell law professor William Jacobson.

The university programs in question claim to promote racial equity by erasing systemic barriers to education and success for men of color. Cal Poly’s Men of Color Success Initiative “supports and advances the potential of undergraduate men of color by empowering students with integral skills, community, and knowledge to foster success,” according to its website. The initiative focuses on increasing graduation and retention rates and strengthening the sense of community for male students of color. But the complaint defines these objectives as “patently unconstitutional.” “The CSU YMOC Consortium’s explicit racial and sex-based contours are presumptively invalid,” the complaint reads. “And since there is no compelling government justification for such invidious discrimination, its creation, sponsorship and promotion of these programs violates state and federal civil rights statutes and constitutional equal protection guarantees.”

KBAK TV also covered it:

Reminder: We are a small organization going up against powerful and wealthy government and private institutions devoted to DEI discrimination. Donations are greatly needed and appreciated.

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