The Office for Civil Rights (OCR) issued a Title VI Fact Sheet on July 2, 2024, addressing the uptick in complaints alleging discrimination based on race, color, and national origin in PK-12 school districts and colleges/universities. The Fact Sheet was issued in direct response to protests held on school campuses (mostly post-secondary) in the wake of the Israel-Hamas War. It follows on the heels of OCR’s Dear Colleague Letter dated May 7, 2024 on the same topic.
As a quick reminder, Title VI of the Civil Rights Act of 1964 and its implementing regulations prohibit discrimination or harassment in programs that receive federal funds on the basis of race, color and national original, which specifically includes shared ancestry, ethnic characteristics, and shared religion and/or religious identity. 42 U.S.C. §§ 2000d, et seq. See 34 C.F.R. Part 100.
Generally speaking, the less pervasive the harassing conduct, the more severe it must be to establish a hostile environment under Title VI. In most cases, a single isolated incident would not be sufficient to establish a Title VI violation. However, a hostile environment based on race, color, or national origin may result from a single severe incident if the conduct is subjectively and objectively offensive and so severe that it limits or denies a student’s access to the education program or activity. These protections extend to students and school community members who are or are perceived because of their shared ancestry or ethnic characteristics to be Jewish, Israeli, Muslim, Arab, Sikh, South Asian, Hindu, Palestinian, or any other faith or ancestry.
The Title VI Fact Sheet stresses that harassing conduct can include verbal abuse, physical assault, and other harmful behaviors that create a hostile environment and that schools must take prompt and effective steps to end the harassment, eliminate hostile environments, and prevent recurrence. The Fact Sheet contains nine hypothetical scenarios illustrating how OCR might handle complaints of racial harassment in schools. Interestingly, Example #8 involves a high school mascot ─ the ‘Redskins’. We have predicted for some time now that OCR is going to find a way to address mascot issues in the coming years. If this applies to you, it is worth a read.
Let any of the KB attorneys know if you have any questions or would like to discuss training opportunities for staff members.
