‘Utterly arbitrary criteria’: Medical school hit with lawsuit over alleged affirmative action despite SCOTUS ruling

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UCLA David Geffen School of Medicine (YouTube).

The University of California, Los Angeles’ David Geffen School of Medicine is being accused of illegally maintaining race-based admissions practices successful a class-action suit filed connected behalf of achromatic and Asian students who accidental they were denied admission.

In a 38-page ailment filed Thursday, plaintiffs instrumentality connected UCLA’s of admissions dean, who successful 2020, adopted an “Anti-Racism Roadmap” to make a “path toward radical justice, equity, diverseness and inclusion.”

“Consistent with its radical goals, Geffen made Jennifer Lucero dean of admissions successful 2020,” said the complaint. “Lucero is an outspoken advocator for utilizing contention to marque admittance and hiring decisions successful aesculapian schools and hospitals.”

The suit alleges that “[u]nder the guise of ‘holistic’ review,” Lucero and her “handpicked committee members routinely and openly sermon contention (and radical proxies) and usage contention arsenic a origin to marque admittance decisions. Lucero berates and belittles committee members who rise concerns astir admitting number students due to the fact that of their contention contempt debased GPAs and MCAT scores.”

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According to the complaint, UCLA Medical School uses contention arsenic a decisive origin successful making admissions decisions, adjacent superseding GPA and MCAT scores.

The national lawsuit, jointly filed by Do No Harm (DNH), an advocacy enactment founded successful 2022 to support wellness attraction from what it describes arsenic “woke discrimination,” and Students for Fair Admissions, the radical that successfully litigated to end affirmative enactment programs successful assemblage admissions. The plaintiffs are represented by law firm Consovoy McCarthy PLLC, named for the precocious William Consovoy who represented Donald Trump in the conflict implicit releasing tax returns with erstwhile Manhattan District Attorney Cy Vance.

UCLA’s policies magnitude to amerciable “racial balancing” successful contravention of the Supreme Court’s 2022 decision successful the lawsuit Students for Fair Admissions v. Harvard, arsenic good arsenic California’s Proposition 209, which prohibits favoritism successful nationalist employment, nationalist education, and nationalist contracts, passed successful 1996.

Per the complaint:

This overmuch is clear: UCLA’s amerciable radical favoritism has harmed and is continuing to harm applicants, including Plaintiffs and their members. In this contention based system, each applicants are deprived of their close to adjacent attraction and the accidental to prosecute their lifelong imagination of becoming a doc due to the fact that of utterly arbitrary criteria. Plaintiffs are entitled to relief.

Further, the plaintiffs said that, “Lucero and the Admissions Committee routinely admit achromatic applicants with below-average GPA and MCAT scores — adjacent importantly below-average scores — portion requiring whites and Asians to person near-perfect scores to adjacent beryllium earnestly considered,” each portion explicitly discussing contention during the exertion process.

As if to underscore this point, the ailment quotes Lucero deliberating with the committee astir a Black applicant saying, “Did you not cognize African American women are dying astatine a higher complaint than everyone else? We request radical similar this successful the aesculapian school.”

According to the filing, “Committee members study that the barroom for underrepresented minorities is ‘as debased arsenic you could perchance imagine,'” and that the committee “completely disregards grades and achievements” for number applicants.

Further, plaintiffs said, “Lucero regularly bullies and berates members of the Admissions Committee who dependable concerns astir admitting below-average achromatic applicants by labeling them arsenic ‘privileged’ and implying that they are racist.”

Lucero besides allegedly had committee members “sit done a two-hour lecture connected Native American past taught by [her] sister” aft Lucero allegedly “berated” members for rejecting a Native American applicant.

The plaintiffs rise adjacent extortion violations nether the 14th Amendment arsenic good arsenic civilian rights violations nether California authorities law, and reason that UCLA’s admissions practices cannot past strict scrutiny.

“Whistleblowers corroborate that the admissions committee, either led oregon intimidated by Lucero, usage each disposable methods to glean an applicant’s race, openly sermon applicants’ race, and usage contention to clasp students to antithetic standards based connected race,” the suit besides says.

The Trump administration’s Department of Health and Human Services (HHS) announced successful March that UCLA’s aesculapian schoolhouse is under investigation for “giv[ing] unlawful penchant to applicants based connected their race, color, oregon nationalist origin” successful contravention of President Donald Trump’s Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which directed national agencies to extremity diversity, equity, and inclusion initiatives and programs.

On May 6, HHS issued a “Dear Colleague” missive prohibiting aesculapian schools from “relying connected race-based criteria, radical stereotypes, and facially neutral criteria that operates arsenic a pretext for race” successful admissions decisions.

HHS Office for Civil Rights Acting Director Anthony Archeval defended the move, saying that it “protects students and patients by ensuring wellness attraction providers, and those successful the wellness professions pipeline, are selected based connected merit and objective skills, not race.”

In a statement, DNH president Stanley Goldfarb said the enactment was “fighting for each the students who person been racially discriminated against by UCLA nether the guise of governmental progress. All aesculapian schools indispensable abide by the instrumentality of the onshore and prioritize merit, not immutable characteristics, successful admissions.”

Representatives for the parties did not respond to petition for comment.

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