Legal Rights

Prohibitions against intimidation or retaliation

Civil rights regulations prohibit institutions from retaliating against anyone

• because they have filed a complaint.
• because they assist or take part in a subsequent investigation.

If at any point a person believes the institution has done so, we urge him or her to call or write us immediately. We have authority to investigate allegations of such conduct and where violations are found, a remedy can be obtained.

Several Federal civil rights laws prohibit discrimination in programs or activities that receive Federal financial assistance from the Department of Education. These laws prohibit discrimination on the basis of race, color, and national origin, sex, disability, and on the basis of age. These laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds. Title II of the Americans with Disabilities Act of 1990 prohibits disability discrimination by public entities, whether or not they receive federal financial assistance.

What is a racially hostile environment?

A racially hostile environment may be created by oral, written, graphic or physical conduct related to an individual's race, color, or national origin that is sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the recipient's programs or activities.

Federal civil rights laws are intended to protect people from discrimination, not to regulate the content of speech. First Amendment concerns may arise in the course of addressing racial harassment complaints and special care is taken to avoid actions that would impair the First Amendment rights of an institution's students and employees.

What are the responsibilities of schools and colleges?

Prohibited discrimination occurs when a recipient condones, tolerates or allows a racially hostile environment that it knows about or when recipient's employees treat students differently because of their race.