Anaheim, CA asked in Education Law for California

Q: Continue below or from other post. U. C. Degrees.

"Under California law, universities have the autonomy to set their own policies regarding admissions and degree programs. This includes the decision whether to allow individuals to pursue a second undergraduate degree. The University of California (UC) system, for instance, has policies in place that can limit the ability to enroll in a second undergraduate program, prioritizing first-time students seeking their initial degree."

Quote from lawyer Arrasmith response.

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It seems these policies discriminate. While it is their law, if discriminates or blocks regular students as well as disabled or older students from inclusion, can the law be challenged? In general also specific to College of Creative Studies UCSB.

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, while universities, including the University of California (UC) system, have broad discretion in setting their admissions and degree program policies, they must also comply with federal and state anti-discrimination laws. These laws ensure that policies do not unlawfully discriminate against individuals on the basis of age, disability, race, sex, and other protected characteristics. If a university policy inadvertently disadvantages or excludes certain groups, including disabled or older students, it might be subject to legal scrutiny if it violates these anti-discrimination statutes.

In situations where you believe a policy discriminates against you or others, it's important to first explore the university's internal grievance procedures. Most institutions have processes in place for students to challenge policies or decisions that they feel are unfair or discriminatory. This is often the fastest way to seek a resolution. However, if the issue is not satisfactorily resolved internally, you may consider seeking external legal advice on whether the policy could be challenged in court.

Challenging a university policy under anti-discrimination laws typically requires demonstrating that the policy has a disproportionately negative impact on a protected group and that the policy is not necessary for the university to meet a legitimate educational goal or interest. In the specific context of the College of Creative Studies at UCSB or any other college within the UC system, an evaluation of how the policy is applied and its effects on different groups would be essential. Legal professionals with experience in education law can provide guidance on the viability of a challenge and the best approach to take based on the specifics of the policy and its impact.

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