From: Dean Erwin Chemerinsky
Date: February 24, 2025
Dear Berkeley Law Community,
Actions by the federal government since the change in political administrations have understandably caused great concerns among many in our community. It is thus an important moment for us as a Law School to reaffirm our commitment to all in our community and to our values.
We stand with those who have been targeted by the recent federal actions, such as undocumented individuals and those with family members who are undocumented, transgender individuals, and those on visas. We will continue to look for ways to support these individuals and those who are suffering as a result of actions by the federal government. The leadership of the Law School, the campus, and the University of California are tracking these issues closely and are in regular conversations about the appropriate responses should members of our community come under attack.
Serious concerns also have been prompted by a “Dear Colleague” letter sent from the Office of Civil Rights of the Department of Education on February 14. It is important to stress that this letter is not the law. As the letter itself acknowledges in footnote 3, it “does not have the force and effect of law and does not bind the public or create new legal standards.” The letter goes far beyond the legal requirements imposed by the Constitution and Title VI. Nothing in the United States Constitution or Title VI of the 1964 Civil Rights Act precludes our valuing the principles of diversity and inclusion.
Quite the contrary, these are the underlying values of the Constitution and federal law. And they are some of the greatest strengths of our Law School. In light of this letter, it is important that we reaffirm that as a Law School we are committed to being a diverse, inclusive community where all students, staff, and faculty feel that they belong.
To be clear, I believe that we are in full compliance with the legal requirements imposed by federal and state law. Therefore, we do not need to change what we are doing to comply with them. We do not give preference based on race or sex in admissions, financial aid, or hiring for any position. This has been the law in California since 1996 when Proposition 209 was adopted. In addition, we have a strict all-comers policy, which requires that all student events be open to all students. We look to do all we can to create an educational environment where all can thrive.
This is a very difficult time for many in our community. It is so important that we support one another and that we remain true to our values and commitments.
Warmly,
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
University of California, Berkeley School of Law
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