Does Critical Race Theory Justify Discriminatory Admissions Policies?

SAN CLEMENTE, CA (October 3, 2020)  OPINION Dawn Urbanek, 

Urbanek@cox.net

CRITICAL RACE THEORY – Data shows that since 2009, the University of California has been denying California resident students admission to the University of California based solely on the color of their skin and/or their “perceived privilege”. Such discrimination is illegal in the State of California under Prop 209 which bans race based admissions in our public universities.

On September 11, 2020 the Deans of the University of California Law Schools issued a joint statement about the Value of Critical Race Theory denouncing the actions of President Trump and the Office of Management and Budget for banning any training within the federal government related to Critical Race Theory, calling it “anti-American propaganda”.

The Deans conclude their letter by stating that Critical Race Theory is “quite necessary to our hopes for an America that will someday live up to its promise of equality for all.

“Equality for All”

Does Critical Race Theory Justify Discriminatory Admissions Policies? 

The UC Board of Regents unanimously endorses ACA 5; a ballot measure that will repeal Prop 209, the current state law banning race based admissions. Perhaps this is why the Regents have ignored several California State Audits that concluded that the University of California has been changing admissions policies and financial decisions that disadvantage California resident students.

The Auditor also found that the conduct of the University of California was so egregious that California students and taxpayers deserved RECOMPENSE

In Auditor Elaine Howle’s own words: https://www.youtube.com/watch?v=iqr883HajPg&feature=youtu.be

The University of California; unlike Harvard, is a taxpayer funded public land grant institution. Under California state law and the “Access Guarantee” of the University of California’s Master Plan for Higher Education, California resident first-time freshmen that graduate in the top 9% of their high school graduating class are guaranteed admission to an “appropriate UC” as a matter of law, based solely on merit (no holistic review).

The University of Caifornia has been engaged in a scheme to systematically replace California’s top high school graduates with International students (predominantly from communist China), and community college transfer students (predominantly students of Hispanic/Latino ethnicity, many admitted through President Janet Napolitano’s Undocumented Students Initiative).

Since 2009, California taxpayers have funded increased capacity at the University of California by 58,432 seats. Despite that taxpayer investment, the University of California denies approximately 10,000 CA resident top high school graduates admission each year; 110,000 students since 2009. This is accomplished by manipulating the University of California’s referral pool to UC Merced; which is effectively a fraud upon the California taxpayer. 

Invidious Discrimination Against White Students

The University of California has reduced offers of admission to white students by 34% (8,130 students) since 2009; effectively reducing enrollment of White first-time freshmen students by 22% (2,128 seats). White students are now underrepresented on every UC Campus. This reduction is unconscionable given the fact that California taxpayers have funded an increased capacity of 58,432 new seats since 2009. 

First-Time Freshmen WHITE CALIFORNIA RESIDENT STUDENTS All UC CampusesUniversity of California Undergraduate Admissions Summary [FRESHMEN TAB]
CA Resident
20092019Change
Applications26,65125,560109(  4%)
Admits23,81115,681(8,130)(34%)
Enrollment9,6157,487(2,128)(22%)
Admits: First-time Freshman Graduating From CA Public High SchoolsUndergraduate Admissions Summary [By Ethnicity – CA Public HS – Any Campus]
 20092019Change%
Applications20,51320,352(161)( <1%)
Admits18,38912,800(5,589)(30%)
Enrollment7,9886,430(1,558)(20%)
Admits: First-time Freshman Graduating From CA Private High schoolsUndergraduate Admissions Summary [By Ethnicity – CA Private HS – Any Campus]
 20092019Change%
Applications5,5254,690(835)
Admits5,0032,623(2,380)(48%)
Enrollment1,464959(505)(34%)

The decline in the number of White students applying to the University of California is the reason we have an Operation Varsity Blues College Admission Scandal and exploding student loan debt in the State of California. California’s top high school graduates are denied access to the University of California because of the color of their skin, their perceived wealth and/or privilege, and/or their religious affiliation.

The University of California has reduced offers of admission to all ethnicities of California students graduating from private high schools with the exception of international students. 

Admits: First-time Freshman Graduating From CA Private High SchoolsUndergraduate Admissions Summary  [By Ethnicity – CA Private HS – Any Campus]
Offers of Admission20092019Change%
African American 518414(104)(20%)
American Indian 8543(42)(49%)
Chicano /Latino 1,9121,664(248)(13%)
Asian 2,5132,304(209)(8%)
White 5,0032,623(2,380)(48%)
Unknown 841400(441)(52%)
Total all Ethnicities Except International10,8727,448(3,424)(31%)
International2791,215936336%
Total  All Campuses11,1518,663(2,488)(22%)

The University of California systematically reduced offers of admission to California resident students graduating from religiously affiliated high schools in Orange County, California – Capistrano Unified School District.

Admits: First-time Freshmen CA Private High Schools with Religious AffiliationsUniversity of California Admissions by Source School [Freshmen Ethnicity by High School]
Saint Margaret’s Episcopal School 
20092019Admission by Ethnicity20092019
ApplicationsAdmitsEnrolled4845 (94%)76329 (46%)6AllAfrican AmericanAmerican IndianHispanic/LatinoAsian WhiteDomestic UnknownInternationalEthnicity not identified45

4831

2
29


  618

5
JSerra Catholic 
20092019Admission by Ethnicity20092019
ApplicationsAdmitsEnrolled6856 (82%)1510456 (54%)27AllAfrican AmericanAmerican IndianHispanic/LatinoAsian WhiteDomestic UnknownInternationalEthnicity not identified56

  9  435  8
56

  61314
20  3
Santa Margarita Catholic School
20092019Admission by Ethnicity20092019
ApplicationsAdmitsEnrolled158133 (84%)  34190  78 (41%)  33AllAfrican AmericanAmerican IndianHispanic/LatinoAsian WhiteDomestic UnknownInternationalEthnicity not identified133

152481

13
78

122035
83
Saddleback Valley Christian School
20092019Admission by Ethnicity20092019
ApplicationsAdmitsEnrolled77 (100%)32719 (70%)  9AllAfrican AmericanAmerican IndianHispanic/LatinoAsian WhiteDomestic UnknownInternationalEthnicity not identified3



3
19



9
73
Capistrano Valley Christian School
20092019Admission by Ethnicity20092019
ApplicationsAdmitsEnrolled86 (75%)41817 (94%)10AllAfrican AmericanAmerican IndianHispanic/LatinoAsian WhiteDomestic UnknownInternationalEthnicity not identified4



3

1
17



3
113

Taxpayer Funded Increased Capacity

Despite increasing enrollment capacity by 58,432 seats, only 25% of the new capacity has been allocated to CA resident students. 

75% of the new capacity went to nonresidents:

  • Out-of-state students 16.5%
  • International students 50%, and 
  • Other/unknown students 8.5%.
Total Enrollment ALL CAMPUSES Increase in capacity since 2009: 58,432 seatsUndergraduate Admissions Summary
20092019Change in Capacity
Total Enrollment226,784285,21658,432100%
CA Residents201,551216,12114,57025%
Nonresident Domestic (out-of-state)8,92518,5569,63116.5%
Nonresident International11,92541,20229,27750%
Other/Unknown(undocumented?)4,3839,3374,9548.5%
Total43,86275%

Why are California taxpayers being forced to fund the education of nonresident students while California’s top high school graduates (California residents) are denied access?

International Student Enrollment – A NATIONAL SECURITY RISK!

88% of all international students attending the University of California are from two regions of the world (Asia and the Middle East). 

Only 12% are from all other countries in the world combined. 

Of the 88%, 61% are from a single country- The People’s Republic of China

Asian’s are 46% of the current enrollment at the University of California. 16% are from the People’s Republic of China.

California residents and domestic nonresidents of Asian ethnicity make up 30% of the University of California’s total enrollment. 

2019 Enrollment: ASIAN STUDENTSCA RESIDENTS AND  DOMESTIC NONRESIDENTS OF ASIAN ETHNICITYUniversity of California Fall Enrollment at a Glance
Census Data Asian’s are 15.3% of Californias’ population
Total EnrollmentDOMESTIC ASIAN STUDENT ENROLLMENT
By CampusUndergraduateGraduateTotal
Universitywide285,21675,67633%11,08919%86,78430%
Berkeley 43,18512,41340%2,19419%14,60734%
Davis38,6349,78032%1,33618%11,11629%
Irvine36,90811,91039%1,40321%13,31326%
UCLA 44,37110,01932%2,61220%12,63128%
Merced8,8471,71929%7411%1,79320%
Riverside25,5478,12737%44813%8,57534%
San Diego38,73611,24437%1,28216%12,52632%
Santa Barbara26,3145,57524%33611%5,91122%
San Francisco3,180Grad Students Only1,18037%1,18037%
Santa Cruz19,4944,88928%22411%5,11326%

When you combine domestic Asian students (30%); with International Asian students (16%), students of Asian ethnicity make up 46% of the University of California’s total enrollment. This does not align with the Legislatures stated intent that the diversity on UC campuses match the diversity of the State of California.

2019 Enrollment: INTERNATIONAL STUDENTS OF ASIAN ETHNICITYFall Enrollment At A Glance
Total EnrollmentINTERNATIONAL STUDENTS: ASIAN
By CampusUndergraduateGraduateTotal
Universitywide        46% ASIAN(30% + 16%)285,21629,75413%16,84929%46,60616%
Berkeley                 51% ASIAN(34% + 17%)43,1853,98613%3,43229%7,41817%
Davis                      47% ASIAN(29% +18%)38,6345,18917%1,83924%7,03018%
Irvine                      45% ASIAN(36% +19%)36,9085,17117%1,75427%6,92519%
UCLA                     43% ASIAN(28% +15%)44,3713,48711%3,28326%6,77015%
Merced                   30% ASIAN(20% +10%)8,8476398%26939%90810%
Riverside                42% ASIAN(34% +8%)25,5478484%1,21335%2,0168%
San Diego              55% ASIAN(32% + 23%)38,7365,40118%3,44143%8,84223%
Santa Barbara        39% ASIAN(22% + 17%)26,3143,45715%92331%4,38117%
San Francisco        41% ASIAN(37% + 4%)3,180Grad Students Only1254%1254%
Santa Cruz             37% ASIAN(26% +11%)19,4941,5769%57029%2,14611%

COVID-19 Equity Blueprint – Health “Equity” Metric

I am a small business owner living in the State of California, I teach swimming lessons and due to COVID -19 restrictions I have not been able to work since March 2020. Yesterday the California Department of Public Health released a COVID-19 equity blueprint which effectively requires large counties to address inequality in communities such as low-income Black, Latino, Pacific Islander and essential workers before restrictions can be loosened. So California Disneyland will never be opened until the California people can guarantee that COVID-19 infection rates are equal between all incomes and ethnicities of people in the State of California?

Reality Check.

I know what Critical Race Theory is – it is rooted in Marxism where all individuals are classified as the oppressed or the oppressors. Where the Government wants to control all means of production, and there is no equality until there is no individual. In the end,  we are all equally uneducated, equally poor and there are no PRIVATE businesses. This is un-American. If you want greater equality then give the oppressed people school choice. A great public education system is the fastest way to create equality of opportunity in a free society. 

It is un-American to deny someone opportunity based on the color of their skin, their perceived wealth or their ethnicity. The 110,000 students who have been denied equality of opportunity in the admissions process deserve RECOMPENSE.

UPDATE It is now May 3, 2021 and I am still not able to teach swimming lessons to children outside.

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