P1 1WHEREAS, Harvard University, one of the nation’s oldest,
2most prestigious postsecondary educational institutions, employs
3unconstitutional race-based admissions policies that disadvantage
4Asian American student applicants; and
5WHEREAS, Statistical evidence shows that Harvard University
6holds Asian American student applicants to a far higher standard
7than other student applicants in the student enrollment process and
8that Harvard University uses racial classifications to engage in the
9same brand of invidious discrimination against Asian Americans
10that it formerly used to limit the number of Jewish students enrolled
11in its student body; and
12WHEREAS, A recent lawsuit filed against Harvard University
13by Students for Fair Admissions cites an Asian American student
14applicant who was denied admission to Harvard University despite
15being valedictorian of a competitive high school, achieving a
16perfect ACT score and a perfect score of 800 on two of the SAT
17II subject exams, and participating in numerous extracurricular
18and volunteer activities; and
19WHEREAS, This highly qualified student applicant was denied
20the opportunity to compete for admission to Harvard University
21on equal footing with other student applicants due to his race; and
22WHEREAS, Harvard University has maintained roughly the
23same proportion of Asian American students to other ethnic groups
P2 1for years despite changes in application rates and qualifications,
2and only the use of race or ethnicity as a dominant factor in
3admissions decisions could account for the remarkably low
4admission rate for high-achieving Asian American student
5applicants; and
6WHEREAS, In 2013, the Supreme Court of the United States
7affirmed in Fisher v. University of Texas at Austin that an
8applicant’s race should only be considered in the admissions
9process when student body diversity cannot be achieved through
10other means; and
11WHEREAS, There are race-neutral policies that Harvard
12University can use to achieve diversity in its student population,
13including limiting legacy preferences, increasing financial aid to
14attract minority students, and giving preference based on
15socioeconomic measures or ZIP Codes; and
16WHEREAS, Other postsecondary educational institutions have
17acknowledged that if they used a race-neutral plan by which they
18automatically admitted the top 10 percent of each high school class
19in their state, they would actually increase their minority
20enrollment; now, therefore, be it
21Resolved by the Assembly of the State of California, That the
22Assembly calls upon Harvard University to end its focus on a
23student applicant’s race in its student enrollment process and to
24instead consider the overall individual contribution of each student
25candidate in a manner that does not have the practical effect of
26capping the number of Asian American students enrolled in its
27institution; and be it further
28Resolved, That the Chief Clerk of the Assembly transmit copies
29of this resolution to the author for appropriate distribution.
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