by LawInc Staff
June 6, 2024
In a new federal civil rights lawsuit, three students are suing UCLA for allegedly creating an exclusionary zone on campus that barred them from school facilities and programs. The case alleges university administrators violated the Constitution and anti-discrimination laws by allowing a student group to establish an encampment that segregated and excluded certain students and faculty.
This guide walks through key details of this significant case, Frankel v. Regents of the University of California. From the disturbing facts alleged to the novel legal theories asserted, learn what it takes to prove discrimination at a top public university. Understand the potential ramifications for UCLA and the accused officials if held liable.
1. Understand the Allegations
- Encampment Blocked Campus Access: In April-May 2024, activists set up an unauthorized encampment on UCLA’s Royce Quad, obstructing buildings and walkways.
- Exclusionary Zone Enforced: Activists set up checkpoints around the encampment and allegedly only allowed entry to those who would disavow Israel and Zionism.
- Students & Faculty Excluded: Many individuals could not comply with the “disavow Israel” demand without violating their beliefs, so they were allegedly denied access.
- Defendants Knew But Allowed It: UCLA administrators were allegedly aware of the discriminatory exclusion of these students from campus areas but permitted it to continue for over a week.
- Security Guards Reinforced Segregation: UCLA hired security that allegedly strengthened the blockade by directing students to get activists’ “permission” to enter.
Examples Alleged:
- One plaintiff alleges he was surrounded and pushed by encampment members while security expanded barricades around him when he tried to peacefully observe the scene.
- Another plaintiff alleges he was twice blocked from crossing the encampment to reach the library and other buildings by both activists and UCLA-hired security guards.
- A third plaintiff alleges she was aggressively confronted by UCLA security when she tried to watch the encampment from a few feet away and was told to participate or leave.
- All the plaintiffs and other students allege they were forced to miss classes, study sessions, and exams because they could not safely pass through the exclusionary zone to reach those locations.
- Chancellor Gene Block and other UCLA officials allegedly acknowledged the encampment was unlawful but took no action to protect access to campus for over a week./span>
How to Follow the Case:
- Review the detailed 74-page court Complaint to understand the full scope and severity of the plaintiffs’ factual accusations against UCLA and its officials.
- Look for evidence that proves 1) UCLA knew about the discriminatory exclusionary zone, 2) failed to stop it and 3) took actions to support it by providing security to enforce the blockade.
- Watch for documented statements by UCLA administrators acknowledging the encampment was illegal and a violation of university policy but still allowing it to remain.
- Note any disparate treatment of affected students in terms of safe, unimpeded access to university facilities, programs and services during the relevant time.
- See how plaintiffs’ experiences illustrate the denial of constitutional and civil rights that certain students uniquely suffered due to the exclusionary zone UCLA allegedly enabled.
FAQs:
- Where exactly was the encampment located? On UCLA’s Royce Quad, a central campus hub near classroom buildings and the main undergraduate library.
- How long did the exclusionary zone last? Over a full week, from around April 25, 2024 to May 2, 2024 before UCLA finally disbanded it.
- Did the encampment have a permit or permission? No, according to the lawsuit, UCLA admits it was unauthorized and violated school policies but still allowed it to continue.
- Why couldn’t the students simply comply and disavow Israel? For many, that would violate their core beliefs and identity. For many, that would violate their core beliefs and identity.
- What did UCLA’s own administration say about the encampment? According to the lawsuit, Chancellor Block called the exclusion of students “shocking,” “shameful,” “bullying,” and at odds with UCLA values but didn’t stop it.
2. Examine the 13 Legal Claims
- Equal Protection (U.S. Constitution): The lawsuit alleges UCLA intentionally discriminated against students by allowing their exclusion from campus based on ethnicity/religion.
- Free Speech (U.S. Constitution): The lawsuit claims UCLA engaged in viewpoint discrimination and compelled speech by predicating campus access on disavowing Israel.
- Free Exercise of Religion (U.S. & CA Constitutions): The lawsuit alleges UCLA burdened students’ religious practices and targeted their faith for disfavored treatment.
- Title VI of the Civil Rights Act: The lawsuit claims UCLA excluded students from university programs and benefits based on their ancestry and ethnicity.
- Denial of Equal Protection & Due Process (CA Constitution): The lawsuit alleges UCLA violated students’ fundamental rights to access education equally and safely.
- Unruh Civil Rights Act (CA): The lawsuit claims UCLA denied students full and equal access to university accommodations based on religion and ancestry.
- Cal. Govt. Code 11135 (CA): The lawsuit alleges UCLA discriminated against students in state-funded educational programs because of religion.
- Ralph Act & Bane Act (CA): The lawsuit claims UCLA failed to protect students from intimidation and harassment based on their identity.
Elements to Prove:
- UCLA took discriminatory actions or inaction against students because of their ethnic, religious and/or political identities.
- The university treated certain students worse than peers in terms of physical access to campus facilities and ability to fully participate in educational programs.
- The exclusionary zone, and UCLA’s failure to stop it, unlawfully burdened students’ rights to freedom of speech, religion, due process and equal protection.
- UCLA had no compelling justification for enabling the encampment’s discrimination against certain students’ viewpoints and identities.
- Plaintiffs suffered concrete educational, emotional and psychological harms due to their mistreatment, which money damages can compensate.
How to Track the Arguments:
- See how plaintiffs frame UCLA’s actions (and inaction against the exclusionary zone) as intentional discrimination based on ethnic/religious status.
- Note comparisons between lack of access for Jewish vs. non-Jewish students to show disparate treatment in educational opportunities during the relevant period.
- Look for clear connections drawn between the encampment’s exclusionary practices and the specific rights (speech, religion, equal protection, etc.) that infringed.
- Consider how UCLA’s justifications for allowing the encampment fail to constitute legitimate, let alone compelling, reasons to sustain such blatant discrimination.
- Assess the severity of harms asserted (educational, psychological, physical, etc.) to determine whether compensatory and/or punitive damages may be warranted.
FAQs:
- Is it unusual for a discrimination case to allege so many legal claims? Asserting multiple related claims under federal and state laws is common in civil rights cases to cover all bases.
- Which claims seem strongest based on the facts alleged? Equal Protection, Title VI, and the CA Constitution claims appear to have substantial factual support so far.
- Does it matter that the encampment was run by students not UCLA itself? Not if plaintiffs can show the university knew about the serious issues but still enabled the misconduct.
- What type of evidence would best support the plaintiffs’ claims? Documentation of 1) clear notice to UCLA of the problems, 2) the university’s failure to intervene, and 3) resulting concrete harms.
- How might UCLA try to defend against the claims? By arguing it acted reasonably and the encampment was protected free speech not discrimination; but the alleged facts paint a damning picture.
3. Analyze the Potential Consequences for UCLA
- Compensatory Damages: If found liable, UCLA may have to pay plaintiffs for their economic losses (tuition, housing, etc.) and emotional distress from the ordeal.
- Punitive Damages: If UCLA’s conduct is deemed malicious or oppressive, additional monetary penalties could be assessed to deter future misconduct.
- Injunctive Relief: The court could issue orders forcing UCLA to change policies, practices, and personnel to better protect students’ rights moving forward.
- Reputational Harm: Proven allegations that UCLA enabled antisemitism and discrimination would harm the university’s prestige and public trust.
- Loss of Funding: Government and private donors may reconsider financial support for UCLA programs in light of its alleged failure to protect students’ rights.
Accountability for Administrators:
- The lawsuit names several top UCLA officials as defendants in both their official and personal capacities, including the President, Chancellor, and Vice Chancellors.
- Suing administrators personally means they could be liable for monetary damages if found to have violated clearly established rights.
- Defendant Rick Braziel, UCLA’s head of Campus Safety, was allegedly hired to reform university security procedures.
- Other officials like the Chancellor have allegedly admitted in sworn testimony that UCLA responded inadequately and changes are needed, which may bolster plaintiffs’ case.
- Proven constitutional violations involving malicious, callous, or recklessly indifferent conduct by UCLA leaders could result in serious professional and personal ramifications.
What to Watch For:
- Whether UCLA mounts an aggressive defense or pursues an early settlement to mitigate financial exposure and further reputational damage.
- How much money plaintiffs demand in their monetary claims for compensatory and punitive damages and what amount a jury may ultimately award.
- The scope and stringency of any injunctive relief the court grants to address structural issues enabling discrimination at UCLA.
- What the court’s findings suggest about legal liability for other colleges accused of failing to protect students from campus antisemitism.
- The extent to which this case galvanizes UCLA donors, alumni, legislators and the general public to demand improved safeguards against antisemitism at the university.
FAQs:
- Has UCLA issued any public response to the lawsuit? Not yet, though Chancellor Block’s congressional testimony acknowledged mistakes and promised reforms before the case was filed.
- How long might this case take to get resolved? Federal litigation often takes years, but UCLA has incentives to resolve this quickly, so a swifter settlement is possible.
- Might this case make it harder for student activists to protest Israel on campuses? No, but it may force colleges to better distinguish between protected political speech and unlawful discrimination.
- Can donors potentially influence how UCLA responds? Yes, major contributors upset by the university’s handling of this matter may use their financial leverage to insist on specific reforms.
- Will students be able to feel safe at UCLA if the lawsuit succeeds? Meaningful change is possible but will require robust structural solutions, consistent enforcement and culture change.
Summary
This federal civil rights case against UCLA and top administrators has the potential to impact how universities nationwide address discrimination. At issue is whether UCLA violated the constitutional and civil rights of certain students by allegedly enabling an exclusionary zone on campus that barred them from equal access to university facilities and programs.
Plaintiffs allege that university officials were aware for over a week that an activist encampment had taken over a central campus quad and established checkpoints excluding nearly all Jewish students and faculty based on their religious identity and viewpoint. Rather than shut down these alleged discriminatory exclusions swiftly, UCLA administrators allowed and allegedly facilitated them through university security personnel.
Asserting numerous federal and state law claims, the lawsuit seeks to hold UCLA and its leaders individually accountable for the tangible educational, emotional, and psychological harms students allegedly suffered as a result of the university’s actions and inaction. The case could impact legal standards for institutional liability in the face of alleged campus discrimination.
Concerned About Discrimination on Campus?
If you or your child have experienced discriminatory harassment, intimidation or exclusion at a university or other educational institution, contact an experienced civil rights attorney right away to discuss your rights and options. Most reputable lawyers provide free consultations to evaluate your case and advise on next steps.
Disclaimer
This article about the pending federal lawsuit against UCLA is provided for informational purposes only and does not constitute legal advice. Allegations mentioned reflect plaintiffs’ claims that have not yet been proven in court. Laws and legal precedents may have changed since the case was filed.
If you have been affected by campus discrimination, please consult a licensed attorney in your area to discuss the specific facts of your situation and get personalized counsel on your rights and options. Most reputable law firms provide free consultations to review your case.
UCLA Under Fire: The Explosive Allegations in New Civil Rights Lawsuit