In the video, the Dean can be heard saying, "If ever I'm deposed, I'm going to deny I said this to you."
Chemerinsky begins by explaining his concept of "unstated affirmative action," stating, "What I mean by 'unstated affirmative action' is, what if the college or university doesn't tell anybody, doesn't make any public statements?"
July 03, 2023
He then proceeds to provide an example from Berkeley Law, cautioning that he will deny making these statements if ever questioned under oath.
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The Dean acknowledges the importance of diversity in faculty hiring, but emphasizes the need for discretion during faculty appointments committee meetings.
July 03, 2023
He instructs committee members not to openly state that a candidate is being considered for their diversity, despite recognizing its significance.
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"Any time somebody says to you, 'We should really prefer this candidate or this candidate, because this person would add diversity' — don't say that," Chemerinsky advises. "You can think it, you can vote it, but our discussions are not privileged."
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Chemerinsky further explains that this approach is more feasible in faculty hiring, but becomes more challenging when it comes to student admissions due to statistical measures.
Notably, affirmative action has been illegal in California since 1996, adding another layer of complexity to the issue.
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The video, which shows a tablet near Chemerinsky's desk, suggests that it was recorded recently. Its release coincided with the U.S. Supreme Court's ruling against affirmative action in college admissions, adding further significance to the discussion.
The implications of this video are likely to spark debate and scrutiny surrounding the use of affirmative action in higher education, particularly in light of the legal and ethical considerations involved.