On November 14, 2023, the Department of Education released a Fact Sheet on New Tools to Tackle Antisemitism, Islamophobia, and Related Forms of Discrimination and Bias.
The fact sheet includes information about Title VI protections. It also states that the Office of Civil Rights (OCR) is available to provide technical assistance through trainings to school communities regarding Title VI, including its application to Jewish and Muslim students and its coverage of certain forms of antisemitic and Islamophobic discrimination. The fact sheet also includes links to the Department’s Antisemitism Awareness Campaign.
The Department of Education provides further guidance on its page on Frequently Asked Questions on Race, Color, or National Origin Discrimination. This includes information on how education institutions can balance their Title VI obligations with individuals’ free speech rights.
It also describes the responsibilities of school districts, colleges, and universities to address racial and national origin harassment as follows: “When an educational institution knows or reasonably should know of possible racial or national origin harassment, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.”
Note: LCW can help Community College Districts navigate the process of investigating unlawful harassment and discrimination and provide counsel on how to promptly respond to unlawful conduct.