On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment, based on race, color, or national origin. The Fact Sheet clarifies the legal obligations of school districts under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.
Through the fact sheet, OCR provides guidance related to identifying and addressing harassment that may create a hostile environment in violation of Title VI. Highlights of the guidance provided in the fact sheet include:
- A definition of harassing conduct as unwelcome conduct that may include verbal abuse, graphic or written statements, physical assault, or other conduct that may be threatening, harmful, or humiliating.
- An explanation of when harassing conduct may create a hostile environment under Title VI. Harassing conduct based on race, color, or national origin creates a hostile environment under Title VI when, based on the totality of the circumstances, it is subjectively and objectively offensive and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.
- Examples of ways in which school officials may become aware of harassing conduct that may create a hostile environment based on race, color, or national origin, such as a comment made by an individual, a complaint being filed, observing harassing behavior, or awareness of information shared in the media.
- Schools’ general legal obligations to address a hostile environment based on race, color, or national origin, which include taking steps that are reasonably calculated to (1) end the harassment, (2) eliminate any hostile environment and its effects; and (3) prevent the harassment from recurring.
- When OCR assesses a school’s response to race, color, or national origin harassment under a hostile environment legal analysis, OCR evaluates whether (1) a hostile environment based on race, color, or national origin existed; (2) the school had actual or constructive notice of the hostile environment; and (3) the school failed to take prompt and effective steps to address the harassment.
- A reminder that schools must prohibit retaliation against a person who complains about harassment on the basis of race, color, or national origin.
OCR provides nine hypothetical examples of when OCR would open an investigation into a complaint alleging harassing conduct on the basis of race, color, or national origin.
The fact sheet also provides additional resources and information for reporting discrimination or retaliation based on race, color, or national origin.
What this means to you
This Fact Sheet is one of many recent resources released by the Department providing guidance on addressing discrimination and harassment based on race, color, or national origin, emphasizing the Department’s focus on addressing such discrimination and harassment in schools. School districts should be sure to review the resources and ensure that their policies and practices align with the Department’s guidance.