University of California at Berkeley

Guidance on Prop. 209 Implementation

Below is guidance to UC chancellors on how to implement Proposition 209 provided by C. Judson King, UC provost and senior vice president for academic affairs.

The following steps that should be taken are based primarily on General Counsel Holst's Oct. 4 letter on the potential impact.

King noted that "it is possible there could be a court order prohibiting immediate implementation of Proposition 209; however, absent such an order, we should proceed with the steps below:"

Hiring and Contracting Programs

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

Admissions Programs

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

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.

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.

Financial Aid

The general counsel has recommended 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 passage of Proposition 209 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 may no longer 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 King's office with regard to how to make appropriate uses of these funds.

Outreach Programs

The university has made commitments for the '96-97 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.

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.


Copyright 1996, The Regents of the University of California.
Produced and maintained by the Office of Public Affairs at UC Berkeley.
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