A judge ruled Tuesday that the UC Board of Regents must publicize the Trump administration’s proposed settlement demands to UCLA.
The UCLA Faculty Association and Council of University of California Faculty Associations brought a lawsuit Sept. 17 to gain access to the Trump administration’s proposal, which was sent to UCLA Aug. 8. The faculty members filed under the California Public Records Act, which requires that government records must be disclosed if requested, with exceptions for specific privacy or public safety concerns.
The federal government suspended $584 million of UCLA’s federal research grants, citing the university allegedly allowing antisemitism, affirmative action and “men to participate in women’s sports.” UCLA was the first public university to experience large-scale federal funding cuts. It received the steepest monetary demands to regain the funding of any university thus far, with the Trump administration requesting $1 billion.
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Rebekah Evenson, a judge in the Superior Court of Alameda County, ordered that the UC Regents must produce the draft proposal by Oct. 24.
“The Court is mindful of the heightened sensitivity and public concern about the differences in policies and priorities between the State of California and the federal government,” the court document said. “The current political tensions play no role in the Court’s determination of this matter.”
According to the order, the UC opposed disclosing the drafted proposal due to an exemption in the CPRA regarding pending litigation, which the court said the University did not provide authority for. The order also said the UC has publicized portions of the draft proposal and attempted to garner public support for the University’s “opposition to the demands made in the document.”
The settlement, first obtained by CNN on Aug. 6, demands that UCLA pay $1 billion over multiple installments and $172 million in a claims fund for people impacted by alleged violations of Title VII of the Civil Rights Act – which prohibits employment discrimination on the basis of color, national origin, race, religion and sex.
The university would be required to hire two new administrators to oversee UCLA, discontinue race- and ethnicity-based scholarships, and “ensure athletic recognition for female athletes in women’s sports,” according to CNN.
UCLA would also have to issue a statement saying it no longer recognizes the identity of transgender individuals, end gender-affirming care for minors at its medical facilities and provide the federal government with access to “all UCLA staff, employees, facilities, documents, and data related to the agreement” that are not protected by attorney-client privilege, according to the Los Angeles Times. CNN and the LA Times are the only two publications which have publicly published information about the proposal’s details.
[Related: Trump administration makes demands for UCLA policy changes in exchange for funding]
A UC Office of the President spokesperson said in an emailed statement that the UC empathizes with those experiencing anxiety about the University’s current challenges.
“The University is committed to being open and transparent about the challenges we face, while maintaining the confidentiality of ongoing proceedings with the federal government,” the spokesperson said in the statement. “At the same time, we want to assure our community that we will remain true to our values while upholding UC’s mission of improving lives through academic excellence, innovative research, and economic opportunity.”
The U.S. Department of Justice was aware of the case, but did not get involved through memorandums, court appearances or any other legal action, according to the order.
The UCLA Faculty Association Legal Affairs Committee and the Council of UC Faculty Associations said in a press release announcing the decision that the release of the proposed settlement will give California citizens – including UC workers, UC healthcare patients and future University students – “a chance to weigh in with their state representatives before any deal is done.”
Labor unions and faculty associations across the UC filed a separate lawsuit Sept. 16, alleging that the federal government’s suspension of research funds and settlement demands were financial coercion and violated the free speech and due process rights of UC employees.
“This ruling reaffirms the value of public education and the right of all Californians to have a say in their public institutions,” said Anna Markowitz, the president of the UCLA Faculty Association, in the press release. “The academic and clinical freedoms that have made the UC great should not be subject to federal overreach, nor should the policies and practices that have made the UC both an international leader and home for all California students.”