AAD Justice Logo

Statements by UC President and Provost Regarding Passage of Proposition 209


November 6, 1996

Dear Colleagues:

The voters have approved Proposition 209 and the University of California will
comply with the law. At my request, Provost C. Judson King has written to the
University's Chancellors today to give them specific guidance about
implementing the language of Proposition 209. We are well along in this
process as a result of The Regents' action last year eliminating race, gender,
and ethnicity as factors in admission, hiring, and contracting. We have also
worked hard during the past year to make it clear that the University
continues to welcome students, faculty, and staff from throughout California's
increasingly diverse society.

Now we must also look to the broader issue of how, in light of Proposition
209, we can best fulfill our responsibilities as a public university in the
nation's most ethnically and culturally diverse state.

One idea has tended to unite people on all sides of this extraordinarily
divisive and passionate debate. It is that diversity is an asset to California
and can only be achieved by extending educational opportunity to disadvantaged
young people. The question facing education is clear: How do we establish
new paths to diversity consistent with the law?

I intend to take the following steps:

I. We will accelerate our efforts to strengthen and expand our outreach
programs. The University of California was one of the first to establish such
programs over thirty years ago, and ours have been among the most successful
in the nation. Today we spend more than $100 million a year on campus and
systemwide programs that serve students and the K-12 schools. But the need far
outstrips our resources. We need to reach more students and to coordinate our
programs across the system to make the best possible use of the University's
wealth of talent and expertise.

II. We will reinvigorate our partnership with California's K-12 schools. UC
already has over 800 programs that offer tutoring and counseling for students,
professional development for teachers, applied and collaborative research for
the improvement of schools. Now we need to involve the University more broadly
than ever before in schools and community colleges that serve large numbers of
disadvantaged and minority students. We will give special attention to the
ways in which the new learning technologies can magnify the impact of our
efforts.

III. The report of the UC Outreach Task Force, due in February of 1997, will be
key to these efforts. It is reviewing the scope and success of our current
outreach programs and will recommend specific strategies the University can
use, in cooperation with the schools and the other higher education segments,
to strengthen our programs and seek new sources of funding for them. The Task
Force consists of leaders from the business world, education, and government.
Together this distinguished team can do much more than any one of them could
do separately.

IV. We have already set aside an additional $3 million in the University's
budget to assist the campuses in launching new programs to help prepare more
disadvantaged and low-income students for study at the University. We will
seek further funding from the State to help us accomplish the steps I have just
outlined, which must be taken if we are going to preserve the diversity
essential to California's future.

V. Finally, a word about our hiring and contracting activities. I want
to emphasize that the University continues to seek a diverse pool of applicants
for jobs and contracts, consistent with Federal law, the Regents' resolution
on hiring and contracting, and Proposition 209.

California is changing and so must we. What cannot change, however, is the
University's historic responsibility to serve Californians of every background
and condition, including greater numbers of disadvantaged young people. I am
confident we have the individual and institutional resolve to keep the
commitment to diversity alive for the next generation of Californians.

Sincerely,

Richard C. Atkinson President
*******************************************************************************
November 6, 1996


CHANCELLORS

Dear Colleagues:

In light of yesterday's passage of Proposition 209, and the fact that it
becomes law today, I am writing to provide you with specific guidance about
how to implement the Proposition. I wish to reiterate that the University of
California strongly is committed to the goal of a diverse faculty, staff and
student body and will do all it can, under the law and within Regental policy,
to achieve that goal.

The following specific steps that should be taken are based primarily on
General Counsel Holst's October 4, 1996 letter regarding the potential impact
on the University of Proposition 209. As pointed out in that letter, it is
possible that there could be a court order prohibiting immediate
implementation of Proposition 209; however, absent such an order, we should
proceed with the steps indicated below:

1. Hiring and contracting programs:

Since Regents' resolution SP-2 went into effect on January 1, 1996, and
contains the same prohibitions regarding preferences as does Proposition 209,
there is no need to take any further action in these areas at this time.

2. Admissions programs:

Admissions decisions made after the date of this letter should not include
consideration of race, sex, color, ethnicity or natural origin.

a. Graduate and Professional school admissions:

Regents' resolution SP-1 is in effect for graduate and professional students
currently applying to the University, for admission to the Fall 1997 class.
Under SP-1 race, sex, color, ethnicity and national origin are eliminated as
selection criteria and, therefore, no further action need be taken.

b. Undergraduate admissions:

Implementation of SP-1 for undergraduate admissions was to take effect for
students applying for enrollment for Spring 1998. However, in light of the
passage of Proposition 209, effective immediately, campuses may no longer use
race, ethnicity, sex or national origin as one of the supplemental criteria
used to select admitted students from the pool of eligible students. Students
are applying this month to enroll in Fall 1997. These applicants were
notified of the possibility of such a change (see page 5 of the Application for
Undergraduate Admission and Scholarship, 1997-98).

3. Financial aid:

The General Counsel has recommended the suspension of all future financial aid
awards under which any recipient is advantaged or disadvantaged because of
race, ethnicity, gender or national origin. Financial aid commitments to
individual students made prior to the passage of the Proposition should
continue to be honored. Students receiving financial aid awards under Federal
financial programs in which race, ethnicity or gender is a condition of the
aid, or must be a factor in distributing the aid, may continue to receive
these awards. Under Proposition 209, the University can continue to accept and
administer such Federal funds.

For financial aid programs funded through University or State funds, the
University no longer may utilize race, ethnicity, national origin or gender as
factors taken into account to select recipients for disbursement of these
funds. Campuses may continue administering University financial support
recruitment programs (i.e., the graduate level Academic Career Development
Program, and various campus recruitment programs such as the Chancellor's
Scholarships) as long as race, ethnicity and gender no longer are used as
criteria for selecting aid recipients.

The University has received numerous gifts and endowment funds that contain
specific requirements for distribution by race, ethnicity, gender or national
origin. Policies and procedures for distribution of these funds are being
reviewed by General Counsel and my office with regard to how to make
appropriate uses of these funds.

4. Outreach programs:

The University has made commitments for the 1996-97 academic year to schools,
students, counselors and employees affected by a variety of existing outreach
programs. These programs are expected to continue and remain open to all
students regardless of race, ethnicity and gender. Proposition 209 may
ultimately be interpreted to require further action, but any action should be
deferred pending review of the Outreach Task Force recommendations.

5. Other UC race, ethnic, or gender attentive programs:

There may be campus-based programs that utilize race, ethnicity, or gender as
factors in determining eligibility to participate, even though such programs
are not exclusionary. No immediate action should be required if membership
for such programs for this year already has been determined. The Chancellors
should assure that race, ethnicity, gender, national origin, or religion, are
not considered in future eligibility determinations. My office, along with
the General Counsel's office, will be available to work with the campuses in
order to identify such programs and to develop appropriate changes that need
to occur.

Please feel free to contact me or Assistant Vice President Galligani at (510)
987-9518 regarding clarification of these implementation procedures.

Sincerely,

C. Judson King
Provost and Senior Vice President Academic Affairs




(Back to top)
(AAD Homepage)
Carl Gutierrez-Jones,
Department of English
University of California
Santa Barbara, CA 93106
E-mail: carlgj@humanitas.ucsb.edu