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U.S. Department of Education

U.S. Department of Education

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Encouraging Safe Schools

OCR  also supports those provisions of the *No  Child Left Behind Act* focusing on safe schools.  Harassment in schools can deny students the right to an education  free of discrimination, threaten students’ physical or emotional well-being,  influence how well they do in school, and make it difficult for students to  achieve their career goals.   Preventing  and remedying harassment in schools is essential to ensuring a safe environment  in which students can learn.

*Racial Harassment*

OCR  investigated a complaint alleging racial harassment by an assistant football  coach in a school district.  OCR found a  racially hostile environment had developed when a student on the football team  was called a racially derogatory term by the assistant coach, in the presence  of another student, and when another member of the coaching staff, in front of  other students, used racially derogatory terms in reference to a student’s  parent.  In response to OCR’s findings,  the district agreed to:  develop and  provide training for members of the athletic department regarding racial  harassment and what to do about it; publish a notice to the school community regarding  racial discrimination and harassment and a description of the school’s  complaint process; send a notice to all students and parents of students on the  football team expressing regret about the incident, confirming the district’s  commitment to preventing harassment, outlining the steps taken in response, and  inviting students or parents to report similar incidents to school  administrators or counselors; and send letters of regret to the two students  most affected by the harassment.

| **The  “American Dream” isn’t guaranteed.   We’ve got to go out and earn it.   After putting our best foot forward, victory should not be snatched away  by incidents of discrimination...what lies at the core of civil rights  enforcement is the notion that personal responsibility plus opportunity yields  success.  That prosperity can come to  those who’ve put their best foot forward.   That it’s the business of enforcement officials to ferret out  discrimination so that [these] obstacles don’t impede their progress... .**

*** Michael L. Williams,******Former  Assistant Secretary for Civil Rights, 1991*** |
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*Racial  and Disability Harassment*

OCR  received a complaint alleging a special education student enrolled in a school  district had been subjected to harassment based on race and disability.  OCR’s investigation found the student and  other minority students with disabilities were subjected to derogatory  name-calling by other students.  As part  of its corrective action agreement, which will be monitored by OCR, the  district provided information about harassment to district students and  conducted training for regular and special education teachers, administrators,  and other staff at the school addressing appropriate responses to racial and  disability harassment, as well as notice and reporting requirements.   *Sexual  Harassment*

OCR  received a complaint from a parent who alleged a school district failed to  respond to allegations that her son was retaliated against and harassed at  school and during school-sponsored activities for participating as a witness in  a sexual harassment complaint filed with the district.   The school district agreed to revise its  procedures to prohibit retaliation for participating in a sexual harassment  investigation, resolve promptly and equitably allegations of sexual harassment  brought to its attention, and notify staff, students, and parents of these  procedures.   

In another case, a complainant alleged a college failed  to take appropriate action after she complained a fellow student was sexually  harassing her.   She further alleged the  college retaliated against her by denying her financial aid because she filed a  sexual harassment complaint at the college and refused to sign an  agreement.  OCR negotiated an early  complaint resolution in which the college agreed to provide financial aid,  guidance, and tutoring to the complainant. The college also accepted OCR’s  offer to train staff on Title IX and how to address sexual harassment. 

*Sexual  Harassment in Special Education Classes*

OCR received a complaint from an individual who alleged  her daughter was subjected to sexual harassment in her special education  classes. In response to OCR’s investigation, the school district revised its  policies and procedures to address sexual harassment complaints, provided  training to staff at each of the district’s schools and reviewed its policies  and procedures regarding discrimination on the basis of sex and disability,  sexual harassment, and the role of staff in these procedures.   The district also publicized these policies  and the grievance procedures to parents in a newspaper advertisement, a letter  to parents, and a special edition of the district’s newsletter.

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