[Wsssc] U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discrimination, Including Harassment

[Lauren Hibbs]

Dear Colleagues,

Sharing the timely message below from the Department of Education regarding our legal obligations and available resources surrounding discrimination and harassment.



From: Vitez, Kaitlyn <Kaitlyn.Vitez at ed.gov<mailto:Kaitlyn.Vitez at ed.gov>>
Sent: Tuesday, November 7, 2023 7:49 AM
Subject: U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discrimination, Including Harassment


Dear colleagues,

As part of the Biden-Harris Administration’s continued efforts to take aggressive action to address the alarming rise in reports of antisemitic, Islamophobic, and other hate-based or bias-based incidents at schools and on college campuses since the Israel-Hamas conflict began on October 7th, today the U.S. Department of Education’s Office for Civil Rights (OCR) released a new Dear Colleague Letter<https://www2.ed.gov/about/offices/list/ocr/letters/colleague-202311-discrimination-harassment-shared-ancestry.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=> reminding schools of their legal obligations under Title VI of the Civil Rights Act of 1964 to provide all students, including students who are or are perceived to be Jewish, Israeli, Muslim, Arab, or Palestinian, a school environment free from discrimination based on race, color, or national origin. You can get more details in our press release.<https://www.ed.gov/news/press-releases/us-department-education-reminds-schools-their-legal-obligation-address-discrimination-including-harassment>

OCR also recently released an updated complaint form<https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=> specifying that Title VI’s protection from discrimination based on race, color, or national origin extends to students who are or are perceived to be Jewish, Muslim, Hindu, or Sikh, or based on other shared ancestry or ethnic characteristics. This update will help individuals understand how to file a Title VI complaint. Anyone who believes that a school has discriminated against a student based on race, color, or national origin can file a complaint of discrimination with OCR. The person who files the complaint does not need to have been the target of the alleged violation, but could be a family member, or faculty, staff, or any other concerned community member who is aware of possible discrimination.

Today’s newly released documents are among several resources released by OCR to support schools in complying with their obligations under Title VI to address discrimination based on race, color, or national origin, including shared ancestry and ethnic characteristics. Additional resources in this area include a fact sheet, Protecting Students from Discrimination Based on Shared Ancestry or Ethnic Characteristics<https://www2.ed.gov/about/offices/list/ocr/docs/ocr-factsheet-shared-ancestry-202301.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=>, released in January 2023, and a Dear Colleague Letter<https://www2.ed.gov/about/offices/list/ocr/docs/antisemitism-dcl.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=> issued in May 2023 as part of the Department’s launch of an Antisemitism Awareness Campaign. These resources are available on the Shared Ancestry or Ethnic Characteristics<http://www.ed.gov/ocr/sharedancestry.html?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=> page of OCR’s website. Information about recently resolved complaints under Title VI, including complaints alleging discrimination based on shared ancestry or ethnic characteristics, is available here<https://ocrcas.ed.gov/ocr-search?keywords=shared+ancestry%2A&sort_by=field_recipient_name&sort_order=ASC&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=>.

The Biden-Harris Administration is implementing the U.S. National Strategy to Counter Antisemitism<https://www.whitehouse.gov/wp-content/uploads/2023/05/U.S.-National-Strategy-to-Counter-Antisemitism.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=>, and the White House also announced<https://www.whitehouse.gov/briefing-room/statements-releases/2023/11/01/statement-from-white-house-press-secretary-karine-jean-pierre-on-president-bidens-establishment-of-first-ever-national-strategy-to-counter-islamophobia/> last week that the Biden-Harris Administration will develop a U.S. National Strategy to Counter Islamophobia. The Department will continue to complete actions under the strategy to counter antisemitism and anticipates additional actions under its purview will result from the forthcoming strategy to counter Islamophobia.

Separately, I wanted to flag that FSA posted an electronic announcement<https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2023-11-06/guidance-institutions-impacted-national-emergencies-foreign-countries> yesterday that shares guidance for institutions impacted by national emergencies in foreign countries. At the bottom, you will find several FAQs, including on issues related to Title IV funds and study abroad programs.

Best,


[Logo  Description automatically generated]Kaitlyn Vitez (she/her)
Higher Education Liaison
Office of Communications and Outreach
U.S. Department of Education
(202) 550-7359


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