The Department of Education Office for Civil Rights (OCR) recently completed its investigation into Carmel Unified School District after a student complained that the District discriminated against its students on the basis of shared Jewish ancestry and subsequently retaliated against her.
In particular, the student claimed that the District violated Title VI of the Civil Rights Act when it did not promptly respond to complaints about anti-Semitic drawings during the 2021-2022 school year, and that the District threatened to arrest her if she attended a District event after she alleged shared ancestry discrimination.
OCR found that there were at least nine incidents involving anti-Semitic vandalism in 2021-2022. OCR found that during the 2023-2024 school year six more incidents were reported. Due to high staff turnover, the District said that no records could be found for the 2022-2023 school year. OCR found that these concerns were raised to the District through multiple avenues at the times they occurred, including during Board of Education meetings and task force meetings, even though the District claimed that it did not receive any formal complaints, and no students reported feeling harassed or subject to a hostile environment.
In repeated instances of anti-Semitic graffiti in the bathroom, District staff reviewed handwriting samples, watched campus security recordings, and monitored the bathrooms before and after class, but were unable to find the person responsible. For the graffiti found on desks, rulers, and another student’s skin, one student was suspended. Administrators visited classrooms to discuss hate speech, graffiti, and consequences of such actions, but they did not specifically discuss the symbols drawn or the meaning behind them. The District did not provide proof that it offered counseling to those who witnessed or were victimized by the harassment.
OCR found that although the District investigated these incidents and took some steps to stop them (including disciplining students), the District failed to take effective steps to eliminate the known hostile environment and prevent its recurrence, as evidenced by the fact that incidents continued throughout the 2021-2022 school year and into the 2023-2024 school year.
In response to the investigation, the District agreed to address the incidents of alleged harassment dating back to 2021, revise and disseminate its harassment policies and procedures, and develop a new way to track complaints. The District also agreed to educate students and parents on the types of discrimination that Title VI prohibits and how students and parents can report those violations.
As for the retaliation concern, OCR did not find any evidence of retaliation. The student claimed that the Superintendent threatened to arrest her if she attended a certain event, but the District denied ever doing anything to suggest arrest. OCR reviewed emails between the student and the District and likewise did not find evidence that the District threatened arrest.
The outcome letter can be found here and the resolution agreement can be found here.