Legal group files civil rights complaint against UC Berkeley for hosting 'Black Graduation'

On June 19, the Mountain States Legal Foundation (MSLF) announced it was filing a civil rights complaint with the Department of Education’s Office of Civil Rights in response to alleged racial discrimination committed by the University of California, Berkeley (UC Berkeley) when hosting a “Black Graduation.”

On May 20, the school held the ceremony designed for Black students, which has been an annual tradition on campus for decades. 

MSLF argues that the public institution violated Title VI of the 1964 Civil Rights Act, which holds that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

[RELATED: Students support segregated graduation ceremonies for ‘marginalized’ students]

“All of Berkeley’s events and programs must be open to everyone, regardless of race,” said MSLF general counsel Will Trachman. “No event can cater exclusively to black students, just as no event can cater exclusively to white or Asian students.”

MSLF is requesting that the university discontinue the event starting next year.

“A school that wants to celebrate these differences and showcase its diversity could ask graduates to share a challenge that they overcame, or discuss an experience that reminded them of the value of tolerance and equality,” Trachman told Campus Reform.

“What a school cannot do, however, is engage in racially discriminatory conduct that excludes others based on their race, even if it wants to increase solidarity or visibility for one race in particular,” he noted.

According to the UC Berkeley website, the ceremony originated as an African American Studies event during the 1970s, but has since grown more broadly into “honoring the historical significance of Black excellence in a predominantly white institution.”

“The entire event is punctuated by musical performances and speeches curated explicitly for the Black community,” according to College of Letters & Science communications director Michelle Phillips.

Recently, a “Black Graduation Fund” was initiated in order to help the African American Studies department “to bring all Black graduates together, at no charge to them, and invite their families and guests, at a minimal charge.”

[RELATED: Dozens of universities host segregated graduation ceremonies based on ‘identities’]

In April, Campus Reform reported that colleges holding separate graduations for various ethnic groups and minorities have become increasingly commonplace. 

According to a 2019 report conducted by the National Association of Scholars, which surveyed 173 colleges: “About 46 percent (80 colleges out of 173 surveyed) segregate student orientation programs; 43 percent (75 colleges out of the total) offer segregated residential arrangements; and 72 percent (125 colleges out of the total) segregate graduation ceremonies.” 

Campus Reform has contacted all relevant individuals for comment and this story will be updated accordingly