Systemwide Program Limited to “Males of Color” at California State University Challenged By Equal Protection Project
Race and Sex Discrimination alleged in Civil Rights Complaint over “Young Males of Color Consortium” program operating at numerous Cal State campuses.
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:
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Comments
White is a color, your honor!
sustained!
No, not sustained. Whites aren’t a protected class in the law. Everyone else is, whites not. It’s the law.
I know I’m not in a protected class but you don’t have to rub it in. Heck, I’m not even considered a native American even though I was born here and my ancestors have lived here for hundreds of years.
I feel sad that I’m not a native of any country. And if I put a Trump sign in my yard even FEMA won’t recognize me. My only hope is for Milton to post something comforting and lift my weary spirit.
If you’re a woman, that’s a protected class. Many women named Paula are hispanic, although I grew up with a girl named Paula who was white. It’s the white males who are stripped of this legal protection, and I want us to remember it until we can get Congress to fix it.
Somehow, in spite of having our “legal protection” taken from us, we, as a group, tend to be relatively successful, all things considered. We learned early on that the more you offered an employer, the more that employer was willing to pay you. Also that if you really wanted a good grade in Calculus, you should give serious consideration to doing all the homework problems. These are two items from a very long list…. Show up on time, do your job, don’t make waves, etc. All secrets of success. Oh, and … prepare to be yelled at occasionally.
There are no “protected classes” in the law.
There are suspect classes, which are classes against whom discrimination has been found so often that when a case is alleged and the alleged victim belongs to such a class the courts should approach the claim with less skepticism than in a normal case. But that’s just a matter of the statistical likelihood of finding evidence; in the end it’s only the evidence in the case that matters.
“cultural affirmation”
A big part of some groups not thriving is poor culture. What they call whiteness is really about embracing traits which drive success.
Professor Jacobson for the civil rights division of the DOJ!
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).”
There is nearly nothing here about educating anyone and nothing about teaching and coaching the skills necessary to complete a college-level education.
And WTF does “empowering students with integral skills, community, and knowledge” mean and how do these things “foster success”? Screw the violations of federal law and the Constitution – this university is committing fraud by suggesting that students paying good money to attend will get anything in return that even resembles an education.
Before we closed it down, have Congress add authority to withhold funds for any University which fails to provide an answer or that answers in the affirmative to the question ‘does your institution have any programs to policies which are discriminatory in nature? To include but not limited to any programs which are restricted to or primarily designed to assist individuals/group(s) members on the basis of gender, sex, race, ethnicity, tribal claims…’ Make them ID the program/policy. Then send in the DoJ and in the meantime halt funding on basis of discrimination.
Make it like Sarbanes-Oxley. Personal liability for anyone who lies by omission on the form. Otherwise they’ll form a conspiracy, lie, hide the programs etc. Strong medicine is needed to teach these administrators not to do that.
But I’m dreaming.
It’s nice to see something where black women aren’t at the head of the line, for a change. The Dem party doesn’t push advantages for black people, but black women. I’m sort of shocked they got excluded from this, but I suspect there must be something better just for them.
The only humans without “color” are albinos. I really hope an albino man files a lawsuit.
Greg Beck says that’s not a problem. If they rub cheetoes on their faces they will look like Trump.
Sounds ageist, sexist, and racist.
They must include at least one old white female or they get canceled?