News Release from WNC Citizens for Equality:
WNC Citizens for Equality (WNCCE) is a citizen watch dog organization that promotes racial equality and defends the civil rights of persons living in western North Carolina. WNCCE believes that all persons should be entitled to equal protection under the law, regardless of race. As such, WNCCE has filed a federal civil rights complaint against PEAK Academy with the U.S. Department of Education’s Office of Civil Rights.
Both North Carolina law and federal law prohibit racial discrimination in public schools. PEAK Academy, as a public charter school, must abide by these laws which prohibit schools from choosing teachers and students based on skin color.
PEAK Academy was established in 2021 to “bridge the disparity gap” between black students and white students. While this goal is commendable, a school cannot accomplish this goal by excluding students and teachers based on race. But according to school leadership, PEAK is employing illegal racial quotas to form its student body and in hiring teachers. Dr. Dwight Mullen, a founder of PEAK Academy and current board member, has stated on multiple occasions that PEAK Academy limits white student enrollment and white teacher hires to no more than fifty percent of the school’s student body and faculty.
In a speech in December, 2021, Dr. Mullen spoke on “The State of Black Asheville”. In this speech, Dr. Mullen described the founding of PEAK and its use of racial quotas:
“We will do so by clearly addressing it through fifty percent of the staff and faculty, fifty percent of our student body will be children of color or people of color. There’s no mistake about why we are here and what we intend to do”. 1
In a speech on February 2, 2023, Dr. Mullen spoke again regarding PEAK’s use of racial quotas in hiring and in admission of students:
“two years ago the state allowed and granted the charter for the PEAK Academy. And the PEAK Academy is located on Haywood Ave and we’re in our second year and what we’re designed to do is address educational disparities. We are chartered to be at least
1 Full video can be viewed here: https://www.youtube.com/watch?v=1__p6EsjY5A
50% children of color, 50% staff and faculty of color. We actually exceed that at 75%.2”On May 15, 2023, in discussions as part of a community reparations board, Dr. Mullen again reiterated that PEAK used racial quotas in hiring:
“I’m on the board there. The charter for the PEAK academy was approved by the Department of Public Instruction and we require 50% of our faculty and staff to be people of color. And it was approved by them and it’s stood for 2 years without challenge.” 3
See Dr. Dwight Mullen’s statements here:
The school’s enrollment is also strikingly disproportionate to the racial demographics of the surrounding area. Although Asheville’s surrounding area is 89.4 percent white, only 8 out of 81 students are white, and only 6 out of 22 employees are white.
“The use of racial quotas to make up a school’s student body is patently unconstitutional”, says Ruth Smith, attorney for WNCCE. “Going back over 45 years to the 1978 California Board of Regents v. Bakke decision, the U.S. Supreme Court has consistently held this type of racial preferencing will not survive a Constitutional challenge. It’s not like this is new law. Since Bakke, racial quotas in schools have been deemed illegal every time and in every case.”
Dr. Carl Mumpower, president of WNCCE, explains why WNCCE filed its complaint: “We hope that PEAK’s leadership is simply mistaken about what PEAK is doing in selecting its teachers and students. We hope that PEAK is following the law. But when you have a prominent leader of their organization repeatedly stating that they are engaging in illegal discrimination, we have to ask for an investigation.”
Mr. John Miall, vice president of WNCCE, agrees: “A school is a place for children to learn. What are they learning when school leadership says it’s OK to exclude students and teachers based on skin color?”
Dr. Mumpower elaborated on WNCCE’s position: “You don’t fix society’s problems of racism, discrimination, and segregation by engaging in more racism, discrimination, and segregation. You fix them by ending them.”
Dr. Carl Mumpower can be reached for further comment at drmumpower@aol.com. His phone number is (828) 318-2595.
Thanks to WNCCE for bringing this case of discrimination to exposure and investigation. I believe Gene Bell is also on the PEAK board.