(MENAFNEditorial)
Washington D.C. February 16 2015: This afternoon the Louis D. Brandeis Center for Human Rights Under Law www.brandeiscenter.com expressed “outrage” at anti-Semitism within the University of California at Los Angeles’ Undergraduate Student Assembly Council (USAC). In a letter to UCLA leadership the Brandeis Center specifically expressed legal concerns over this videotape of the USAC’s debate over whether a student who is involved in the Jewish community could properly be appointed to the Judicial Board.
The Center criticized the treatment of this Jewish student as “outrageously discriminatory” stating that it “blatantly violates UCLA rules and raises serious questions of federal civil rights compliance.” LDB President Kenneth L. Marcus commented “This deplorable UCLA student government debate raised old-fashioned canards about whether Jews could be entrusted with delicate positions in light of supposedly divided loyalty. It is a throwback to old racist views of the sort that have long since been discredited. Shame on UCLA’s student government for indulging in this display of stereotypes and defamations.”
The Brandeis Center a national civil rights organization was joined by its UCLA law student chapter in criticizing the discussion that took place on February 10 at a USAC meeting. At this meeting the USAC considered an appointee for a Justice position on their Judicial Board. The Brandeis Center presented UCLA’s chancellor and vice chancellor with online videotape evidence (on YouTube) demonstrating that a candidate viewed as a highly qualified and bright young woman was criticized for her involvement in the Jewish community. Specifically two UCLA USAC councilmembers questioned whether a Jewish student’s involvement in Jewish organizations cause her to have an irremovable bias and make her unfit for the UCLA Judicial Board. USAC ultimately confirmed the candidate but not before broadcasting its suspicions about whether Jewishly active Jewish students could be entrusted with membership on the Judicial Council.
The Brandeis Center and its UCLA law student chapter urged Chancellor Block and Vice Chancellor Montero to immediately investigate the situation take prompt remedial measures publicly condemn the action and meet with LDB’s UCLA law student leadership to discuss this matter further.
BRANDEIS CENTER LETTER TO UCLA
February 16 2015
Via overnight delivery and email to:
Chancellor Gene D. Block
Vice Chancellor Janina Montero
University of California – Los Angeles
2147 Murphy Hall
Los Angeles CA 90095
chancellor@ucla.edu
Dear Chancellor Block and Vice Chancellor Montero
We represent the Louis D. Brandeis Center for Human Rights Under Law an independent non-partisan organization with a mission of advancing the civil and human rights of the Jewish people and to promote justice for all; and the LDB Law Student Chapter at UCLA an organization of UCLA law students who share in the mission of the national organization.
We write out of serious concern for the discussion that took place on February 10 at a UCLA Undergraduate Student Assembly Council (USAC) meeting. At this meeting the USAC considered an appointee for a Justice position on their Judicial Board. We have heard disturbing reports substantiated by videotape evidence indicating the following: this particular candidate was a highly qualified and bright young woman but some USAC members were unable to get over the fact that she was Jewish and involved in Jewish organizations on campus. Specifically two different councilmembers questioned whether her involvement in Jewish organizations cause her to have an irremovable bias and make her unfit for the Judicial Board:
· “My issue is I’m going to be upfront about it I think she’s clearly great. She’s smart she like knows her stuff like probably going to be a really great lawyer. But I’m not going to pretend this isn’t about conflict of interest . . . . I just think this is a stupid political move and it really bugs me and that’s how I see it and I can’t separate that out. . . . It’s not her fault… but she’s part of a community that’s very invested in USAC . . . . and I can’t separate those two from being together even if she’s the right person for the job . . . .”
· “For some reason I’m not one hundred percent comfortable. I don’t know why . . . . I’ll go through her application again. I definitely see that she is qualified for sure I just worry about her other obligations obviously.”
In other words based on her Jewish identity and Jewish communal involvement they questioned her ability to remain unbiased in this position. In other words they engaged in classic discriminatory stereotypes and defamations. After much debate which was only stopped when USAC faculty advisors stepped in the council voted to approve the candidate’s appointment. (You can watch the meeting here). Despite the favorable outcome this treatment was outrageously discriminatory blatantly violates UCLA rules and raises serious questions of federal civil rights compliance.
The USAC’s discussion surrounding the vote appears to have violated UCLA’s Principles of Community and nondiscrimination policies and raises concerns under Title VI of the Civil Rights Act of 1964. The Principles of Community state among other provisions that
We do not tolerate acts of discrimination harassment profiling or other conduct causing harm to individuals on the basis of expression of race color ethnicity gender age disability religious beliefs political preference sexual orientation gender identity citizenship or national origin among other personal characteristics. Such conduct violates UCLA’s Principles of Community and may result in imposition of sanctions according to campus policies governing the conduct of students staff and faculty.
The nondiscrimination policy states that “The University of California in accordance with applicable Federal and State law and University policy does not discriminate on the basis of race color national origin religion sex gender identity pregnancy physical or mental disability medical condition ancestry marital status age sexual orientation citizenship or service in the uniformed services. . . . This nondiscrimination policy covers admission access and treatment in University programs and activities.” Furthermore discrimination against Jewish students or the creation of a hostile environment thereof on a college or university campus is a violation of Title VI of the Civil Rights Act of 1964.
Even though the student was eventually voted in as a Justice the discussion surrounding her appointment was blatantly discriminatory. In addition to being unlawful their conduct has made a mockery of the university’s guiding Principles of Community. Instead of fostering a climate of mutual understanding respect and civility they have divided the student government in a way that must be quickly and firmly addressed.
In the past Chancellor Block you have rightly observed “Political speech that stigmatizes or casts aspersions on individuals or particular groups does not promote healthy debate but debases it by trying to intimidate individuals and groups.” Chancellor Napolitano similarly noted with respect to an early unfortunate episode at this university that while the UC campuses value the freedom of speech the “principles of civility respect and inclusion and should also govern our campuses.”
To address the foregoing problem we respectfully urge you to take the following steps:
1) Conduct a full prompt investigation into this situation and take whatever responsive actions are required. OCR has made clear that such investigations must be “immediate and appropriate”: “When responding to harassment a school must take immediate and appropriate action to investigate or otherwise determine what occurred.” 2010 Dear Colleague Letter: Bullying and Harassment available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf. The inquiry should be “prompt thorough and impartial” and if “an investigation reveals that discriminatory harassment has occurred a school must take prompt and effective steps reasonably calculated to end the harassment eliminate any hostile environment and its effects and prevent the harassment from recurring….” Id.
2) Issue a strong public rebuke of statements made during the USAC meeting reaffirming the university’s position that discrimination in the form of anti-Semitism will not be tolerated.
3) Finally the LDB law student chapter at UCLA requests a meeting with you to discuss this matter further. Please respond to Joshua Greer and Amanda Hassid with your availability for this meeting.
Sincerely
Kenneth L. Marcus
President & General Counsel
Aviva Vogelstein
Staff Attorney
Kenny Liebowitz
Civil Rights Legal Fellow
The Louis D. Brandeis Center for Human Rights Under Law
1717 Pennsylvania Ave. NW Suite 1025
Washington DC 20006
klmarcus@brandeiscenter.com
avogelst@brandeiscenter.com
kliebowitz@brandeiscenter.com
Joshua “Shuki” Greer President
Amanda Hassid Vice President
On behalf of the LDB Chapter
UCLA School of Law
greer2016@lawnet.ucla.edu
hassida2016@lawnet.ucla.edu
CC:
Dean Maria Blandizzi
Office of the Dean of Students
1206 Murphy Hall
Box 951415
Los Angeles CA 90095
mblandizzi@saonet.ucla.edu
ABOUT THE LOUIS D. BRANDEIS CENTER AND CAMPUS ANTI-SEMITISM
The Louis D. Brandeis Center Inc. or LDB is an independent nonprofit organization established to advance the civil and human rights of the Jewish people and promote justice for all. The Brandeis Center conducts research education and advocacy to combat the resurgence of anti-Semitism on college and university campuses. It is not affiliated with the Massachusetts University the Kentucky law school or any of the other institutions that share the name and honor the memory of the late U.S. Supreme Court justice. For more information contact Aviva Vogelstein at media@brandeiscenter.com or (202) 559-9296 or find us at www.brandeiscenter.com
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