### OFFICE OF THE ASSISTANT SECRETARY

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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|  |  | More ResourcesDear Colleague Letter PDF (296K)Fact      Sheet       PDF (117K) |  |  |
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October 26, 2010

Dear Colleague:

In recent years, many state departments of education and local school districts  have taken steps to reduce bullying in schools.  The U.S. Department of Education  (Department) fully supports these efforts.  Bullying fosters a climate of fear  and disrespect that can seriously impair the physical and psychological health  of its victims and create conditions that negatively affect learning, thereby  undermining the ability of students to achieve their full potential.  The movement  to adopt anti-bullying policies reflects schools’ appreciation of their important  responsibility to maintain a safe learning environment for all students.  I  am writing to remind you, however, that some student misconduct that falls  under a school’s anti-bullying policy also may trigger responsibilities under  one or more of the federal antidiscrimination laws enforced by the Department’s  Office for Civil Rights (OCR).  As discussed in more detail below, by limiting  its response to a specific application of its anti-bullying disciplinary policy,  a school may fail to properly consider whether the student misconduct alsoresults in discriminatory harassment.

The statutes that OCR enforces include Title VI of the Civil Rights Act of  19641 (Title VI),  which prohibits discrimination on the basis of race, color, or national origin;  Title IX of the Education Amendments of 19722 (Title  IX), which prohibits discrimination on the basis of sex; Section 504 of the  Rehabilitation Act of 19733 (Section  504); and Title II of the Americans with Disabilities Act of 19904 (Title  II).  Section 504 and Title II prohibit discrimination on the basis of disability.5 School districts may violate these civil rights statutes and the Department’s  implementing regulations when peer harassment based on race, color, national  origin, sex, or disability is sufficiently serious that it creates a hostile  environment and such harassment is encouraged, tolerated, not adequately addressed,  or ignored by school employees.6   School personnel who understand their legal obligations to address harassment  under these laws are in the best position to prevent it from occurring and  to respond appropriately when it does.  Although this letter focuses on the  elementary and secondary school context, the legal principles also apply to  postsecondary institutions covered by the laws and regulations enforced by  OCR.

Some school anti-bullying policies already may list classes or traits on whichbases bullying or harassment is specifically prohibited.  Indeed, many schoolshave adopted anti-bullying policies that go beyond prohibiting bullying on thebasis of traits expressly protected by the federal civil

1 42      U.S.C. § 2000d *et seq.*2 20 U.S.C. §      1681 *et seq*.3 29 U.S.C. §      794.4 42 U.S.C. §      12131 *et seq*.5 OCR also enforces      the Age Discrimination Act of 1975, 42 U.S.C. § 6101 *et seq*.,      and the Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905.       This letter does not specifically address those statutes.6 The Department’s      regulations implementing these statutes are in 34 C.F.R. parts 100, 104,      and 106.  Under these federal civil rights laws and regulations, students      are protected from harassment by school employees, other students, and      third parties.  This guidance focuses on peer harassment, and articulates      the legal standards that apply in administrative enforcement and in court      cases where plaintiffs are seeking injunctive relief.  

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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rights laws enforced by OCR—race, color, national origin, sex, and disability—to  include such bases as sexual orientation and religion.  While this letter concerns  your legal obligations under the laws enforced by OCR, other federal, state, and local laws impose additionalobligations on schools.7 And, of course, even when bullying or harassment is not a civil rights violation,schools should still seek to prevent it in order to protect students from thephysical and emotional harms that it may cause.   

Harassing conduct may take many forms, including verbal acts and name-calling;  graphic and written statements, which may include use of cell phones or the  Internet; or other conduct that may be physically threatening, harmful, or  humiliating.  Harassment does not have to include intent to harm, be directed  at a specific target, or involve repeated incidents.  Harassment creates a  hostile environment when the conduct is sufficiently severe, pervasive, or  persistent so as to interfere with or limit a student’s ability to participate  in or benefit from the services, activities, or opportunities offered by a  school.  When such harassment is based on race, color, national origin, sex,  or disability, it violates the civil rights laws that OCR enforces.8

A school is responsible for addressing harassment incidents about which it  knows or reasonably should have known.9    In some situations, harassment may be in plain sight, widespread, or well-known  to students and staff, such as harassment occurring in hallways, during academic  or physical education classes, during extracurricular activities, at recess,  on a school bus, or through graffiti in public areas.  In these cases, the  obvious signs of the harassment are sufficient to put the school on notice.   In other situations, the school may become aware of misconduct, triggering  an investigation that could lead to the discovery of additional incidents that,  taken together, may constitute a hostile environment.  In all cases, schools  should have well-publicized policies prohibiting harassment and procedures  for reporting and resolving complaints that will alert the school to incidents  of harassment.10

When responding to harassment, a school must take immediate and appropriate  action to investigate or otherwise determine what occurred.  The specific steps  in a school’s investigation will vary depending upon the nature of the allegations,  the source of the complaint, the age of the student or students involved, the  size and administrative structure of the school, and other factors. In all  cases, however, the inquiry should be prompt, thorough, and impartial.  

If an investigation reveals that discriminatory harassment has occurred, a schoolmust take prompt and effective steps reasonably calculated to end the harassment,eliminate any hostile

7 For instance,      the U.S. Department of Justice (DOJ) has jurisdiction over Title IV of      the Civil Rights Act of 1964, 42 U.S.C. § 2000c (Title IV), which prohibits      discrimination on the basis of race, color, sex, religion, or national      origin by public elementary and secondary schools and public institutions      of higher learning.  State laws also provide additional civil rights protections,      so districts should review these statutes to determine what protections      they afford (*e.g.*, some state laws specifically prohibit discrimination      on the basis of sexual orientation).8 Some conduct      alleged to be harassment may implicate the First Amendment rights to free      speech or expression.  For more information on the First Amendment’s application      to harassment, see the discussions in OCR’s Dear Colleague Letter: First      Amendment (July 28, 2003), *available at*http://www.ed.gov/about/offices/list/ocr/firstamend.html,      and OCR’s *Revised Sexual Harassment Guidance:  Harassment of Students      by School Employees, Other Students, or Third Parties* (Jan. 19, 2001)      (*Sexual Harassment Guidance*), *available at*http://www.ed.gov/about/offices/list/ocr/docs/shguide.html.9 A school has      notice of harassment if a responsible employee knew, or in the exercise      of reasonable care should have known, about the harassment.  For a discussion      of what a “responsible employee” is, see OCR’s *Sexual Harassment Guidance*.10 Districts must      adopt and publish grievance procedures providing for prompt and equitable      resolution of student and employee sex and disability discrimination complaints,      and must notify students, parents, employees, applicants, and other interested      parties that the district does not discriminate on the basis of sex or      disability.  *See* 28 C.F.R. § 35.106; 28 C.F.R. § 35.107(b); 34C.F.R. § 104.7(b); 34 C.F.R. § 104.8; 34 C.F.R. § 106.8(b); 34 C.F.R. § 106.9.

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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environment and its effects, and prevent the harassment from recurring.   These duties are a school’s responsibility even if the misconduct also is covered  by an anti-bullying policy, and regardless of whether a student has complained,  asked the school to take action, or identified the harassment as a form of  discrimination. 

Appropriate steps to end harassment may include separating the accused harasser  and the target, providing counseling for the target and/or harasser, or taking  disciplinary action against the harasser.  These steps should not penalize  the student who was harassed.  For example, any separation of the target from  an alleged harasser should be designed to minimize the burden on the target’s  educational program (*e.g.*, not requiring the target to change his  or her class schedule).  

In addition, depending on the extent of the harassment, the school may need  to provide training or other interventions not only for the perpetrators, but  also for the larger school community, to ensure that all students, their families,  and school staff can recognize harassment if it recurs and know how to respond.   A school also may be required to provide additional services to the student  who was harassed in order to address the effects of the harassment, particularly  if the school initially delays in responding or responds inappropriately or  inadequately to information about harassment.  An effective response also may  need to include the issuance of new policies against harassment and new procedures  by which students, parents, and employees may report allegations of harassment  (or wide dissemination of existing policies and procedures), as well as wide  distribution of the contact information for the district’s Title IX and Section  504/Title II coordinators.11

Finally, a school should take steps to stop further harassment and prevent  any retaliation against the person who made the complaint (or was the subject  of the harassment) or against those who provided information as witnesses.   At a minimum, the school’s responsibilities include making sure that the harassed  students and their families know how to report any subsequent problems, conducting  follow-up inquiries to see if there have been any new incidents or any instances  of retaliation, and responding promptly and appropriately to address continuing  or new problems.  

When responding to incidents of misconduct, schools should keep in mind the  following:

- The label used to describe an incident ( e.g. , bullying, hazing,    teasing) does not determine how a school is obligated to respond.  Rather,    the nature of the conduct itself must be assessed for civil rights implications.     So, for example, if the abusive behavior is on the basis of race, color,    national origin, sex, or disability, and creates a hostile environment, a    school is obligated to respond in accordance with the applicable federal    civil rights statutes and regulations enforced by OCR.    
- When the behavior implicates the civil rights laws, school administrators should	look beyond simply disciplining the perpetrators.  While disciplining the perpetrators	is likely a necessary step, it often is insufficient.  A school’s responsibility	is to eliminate the

11 Districts must      designate persons responsible for coordinating compliance with Title IX,      Section 504, and Title II, including the investigation of any complaints      of sexual, gender-based, or disability harassment.  *See* 28 C.F.R.      § 35.107(a); 34 C.F.R. § 104.7(a); 34 C.F.R. § 106.8(a).

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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  hostile environment created by the harassment, address its effects, and    take steps to ensure that harassment does not recur.  Put differently, the    unique effects of discriminatory harassment may demand a different response    than would other types of bullying.

Below, I provide hypothetical examples of how a school’s failure to recognize  student misconduct as discriminatory harassment violates students’ civil rights.12   In each of the examples, the school was on notice of the harassment because  either the school or a responsible employee knew or should have known of misconduct  that constituted harassment.  The examples describe how the school should have  responded in each circumstance.

**Title VI:  Race, Color, or National Origin Harassment**

- Some students anonymously inserted offensive notes into African-American      students’ lockers and notebooks, used racial slurs, and threatened African-American      students who tried to sit near them in the cafeteria.  Some African-American      students told school officials that they did not feel safe at school.       The school investigated and responded to individual instances of misconduct      by assigning detention to the few student perpetrators it could identify.       However, racial tensions in the school continued to escalate to the point      that several fights broke out between the school’s racial groups.  

In this example, school officials failed to acknowledge the pattern of harassment  as indicative of a racially hostile environment in violation of Title VI.   Misconduct need not be directed at a particular student to constitute discriminatory  harassment and foster a racially hostile environment.  Here, the harassing  conduct included overtly racist behavior (
e.g.
, racial slurs) and  also targeted students on the basis of their race (
e.g.
, notes directed  at African-American students).  The nature of the harassment, the number of  incidents, and the students’ safety concerns demonstrate that there was a racially  hostile environment that interfered with the students’ ability to participate  in the school’s education programs and activities.  

Had the school recognized that a racially hostile environment had been created,it would have realized that it needed to do more than just discipline the fewindividuals whom it could identify as having been involved.  By failing to acknowledgethe racially hostile environment, the school failed to meet its obligation toimplement a more systemic response to address the unique effect that the misconducthad on the school climate.  A more effective response would have included, inaddition to punishing the perpetrators, such steps as reaffirming the school’spolicy against discrimination (including racial harassment), publicizing themeans to report allegations of racial harassment, training faculty on constructiveresponses to racial conflict, hosting class discussions about racial harassmentand sensitivity to students of other races, and conducting outreach to involveparents and students in an effort to identify problems and improve the schoolclimate.  Finally, had school officials responded appropriately

12 Each of these      hypothetical examples contains elements taken from actual cases.

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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and aggressively to the racial harassment when they first became aware of  it, the school might have prevented the escalation of violence that occurred.
13

- Over the course of a school year, school employees at a junior high      school received reports of several incidents of anti-Semitic conduct at      the school.  Anti-Semitic graffiti, including swastikas, was scrawled on      the stalls of the school bathroom.  When custodians discovered the graffiti      and reported it to school administrators, the administrators ordered the      graffiti removed but took no further action.  At the same school, a teacher      caught two ninth-graders trying to force two seventh-graders to give them      money.  The ninth-graders told the seventh-graders, “You Jews have all      of the money, give us some.”  When school administrators investigated the      incident, they determined that the seventh-graders were not actually Jewish.       The school suspended the perpetrators for a week because of the serious      nature of their misconduct.  After that incident, younger Jewish students      started avoiding the school library and computer lab because they were      located in the corridor housing the lockers of the ninth-graders.  At the      same school, a group of eighth-grade students repeatedly called a Jewish      student “Drew the dirty Jew.”  The responsible eighth-graders were reprimanded      for teasing the Jewish student.  

The school administrators failed to recognize that anti-Semitic harassment  can trigger responsibilities under Title VI.  While Title VI does not cover  discrimination based solely on religion,
14
 groups  that face discrimination on the basis of actual or perceived shared ancestry  or ethnic characteristics may not be denied protection under Title VI on the  ground that they also share a common faith.  These principles apply not just  to Jewish students, but also to students from any discrete religious group  that shares, or is perceived to share, ancestry or ethnic characteristics (
e.g.
,  Muslims or Sikhs).  Thus, harassment against students who are members of any  religious group triggers a school’s Title VI responsibilities when the harassment  is based on the group’s actual or perceived shared ancestry or ethnic characteristics,  rather than solely on its members’ religious practices.  A school also has  responsibilities under Title VI when its students are harassed based on their  actual or perceived citizenship or residency in a country whose residents share  a dominant religion or a distinct religious identity.
15

In this example, school administrators should have recognized that the harassmentwas based on the students’ actual or perceived shared ancestry or ethnic identityas Jews (rather than on the students’ religious practices).  The school was notrelieved of its responsibilities under Title VI because the targets of one ofthe incidents were not actually Jewish.  The harassment was still based on theperceived ancestry or ethnic characteristics of the targeted students.  Furthermore,the harassment negatively affected the ability and willingness of Jewish studentsto participate fully in the school’s

13 More information      about the applicable legal standards and OCR’s approach to investigating      allegations of harassment on the basis of race, color, or national origin      is included in *Racial Incidents and Harassment Against Students at      Educational Institutions:  Investigative Guidance*, 59 Fed. Reg. 11,448      (Mar. 10, 1994), *available at*http://www.ed.gov/about/offices/list/ocr/docs/race394.html.  14 As noted in      footnote seven, DOJ has the authority to remedy discrimination based solely      on religion under Title IV.   15 More information      about the applicable legal standards and OCR’s approach to investigating      complaints of discrimination against members of religious groups is included      in OCR’s Dear Colleague Letter:  Title VI and Title IX Religious Discrimination      in Schools and Colleges (Sept. 13, 2004), *available at*http://www2.ed.gov/about/offices/list/ocr/religious-rights2004.html.

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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education programs and activities (
e.g.
, by causing some Jewish students  to avoid the library and computer lab).  Therefore, although the discipline  that the school imposed on the perpetrators was an important part of the school’s  response, discipline alone was likely insufficient to remedy a hostile environment.   Similarly, removing the graffiti, while a necessary and important step, did  not fully satisfy the school’s responsibilities.  As discussed above, misconduct  that is not directed at a particular student, like the graffiti in the bathroom,  can still constitute discriminatory harassment and foster a hostile environment.   Finally, the fact that school officials considered one of the incidents “teasing”  is irrelevant for determining whether it contributed to a hostile environment.

Because the school failed to recognize that the incidents created a hostile  environment, it addressed each only in isolation, and therefore failed to take  prompt and effective steps reasonably calculated to end the harassment and  prevent its recurrence.  In addition to disciplining the perpetrators, remedial  steps could have included counseling the perpetrators about the hurtful effect  of their conduct, publicly labeling the incidents as anti-Semitic, reaffirming  the school’s policy against discrimination, and publicizing the means by which  students may report harassment.  Providing teachers with training to recognize  and address anti-Semitic incidents also would have increased the effectiveness  of the school’s response.  The school could also have created an age-appropriate  program to educate its students about the history and dangers of anti-Semitism,  and could have conducted outreach to involve parents and community groups in  preventing future anti-Semitic harassment.

**Title IX:  Sexual Harassment**

- Shortly after enrolling at a new high school, a female student had      a brief romance with another student.  After the couple broke up, other      male and female students began routinely calling the new student sexually      charged names, spreading rumors about her sexual behavior, and sending      her threatening text messages and e-mails.  One of the student’s teachers      and an athletic coach witnessed the name calling and heard the rumors,      but identified it as “hazing” that new students often experience.  They      also noticed the new student’s anxiety and declining class participation.       The school attempted to resolve the situation by requiring the student      to work the problem out directly with her harassers.  

Sexual harassment is unwelcome conduct of a sexual nature, which can include  unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal,  or physical conduct of a sexual nature.  Thus, sexual harassment prohibited  by Title IX can include conduct such as touching of a sexual nature; making  sexual comments, jokes, or gestures; writing graffiti or displaying or distributing  sexually explicit drawings, pictures, or written materials; calling students  sexually charged names; spreading sexual rumors; rating students on sexual  activity or performance; or circulating, showing, or creating e-mails or Web  sites of a sexual nature.  

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).

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In this example, the school employees failed to recognize that the “hazing”  constituted sexual harassment.  The school did not comply with its Title IX  obligations when it failed to investigate or remedy the sexual harassment.   The conduct was clearly unwelcome, sexual (
e.g.
, sexual rumors and  name calling), and sufficiently serious that it limited the student’s ability  to participate in and benefit from the school’s education program (
e.g.
,anxiety and declining class participation).  

The school should have trained its employees on the type of misconduct that  constitutes sexual harassment.  The school also should have made clear to its  employees that they could not require the student to confront her harassers.   Schools may use informal mechanisms for addressing harassment, but only if  the parties agree to do so on a voluntary basis.  Had the school addressed  the harassment consistent with Title IX, the school would have, for example,  conducted a thorough investigation and taken interim measures to separate the  student from the accused harassers.  An effective response also might have  included training students and employees on the school’s policies related to  harassment, instituting new procedures by which employees should report allegations  of harassment, and more widely distributing the contact information for the  district’s Title IX coordinator.  The school also might have offered the targeted  student tutoring, other academic assistance, or counseling as necessary to  remedy the effects of the harassment.
16

**Title IX:  Gender-Based Harassment**

- Over the course of a school year, a gay high school student was called      names (including anti-gay slurs and sexual comments) both to his face and      on social networking sites, physically assaulted, threatened, and ridiculed      because he did not conform to stereotypical notions of how teenage boys      are expected to act and appear (e.g., effeminate mannerisms, nontraditional      choice of extracurricular activities, apparel, and personal grooming choices).       As a result, the student dropped out of the drama club to avoid further      harassment.  Based on the student’s self-identification as gay and the      homophobic nature of some of the harassment, the school did not recognize      that the misconduct included discrimination covered by Title IX.  The school      responded to complaints from the student by reprimanding the perpetrators      consistent with its anti-bullying policy.  The reprimands of the identified      perpetrators stopped the harassment by those individuals.  It did not,      however, stop others from undertaking similar harassment of the student.   

As noted in the example, the school failed to recognize the pattern of misconductas a form of sex discrimination under Title IX.  Title IX prohibits harassmentof both male and female students regardless of the sex of the harasser—
i.e.
,even if the harasser and target are members of the same sex.  It also prohibitsgender-based harassment, which may include acts of verbal, nonverbal, or physicalaggression, intimidation, or hostility based on sex or sex-stereotyping.  Thus,it can be sex discrimination if students are harassed either for exhibiting whatis perceived as a stereotypical characteristic for their

16 More information      about the applicable legal standards and OCR’s approach to investigating      allegations of sexual harassment is included in OCR’s *Sexual Harassment      Guidance*, *available at*http://www.ed.gov/about/offices/list/ocr/docs/shguide.html.
Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).
Page 8sex, or for failing to conform to stereotypical notions of masculinity and  femininity.  Title IX also prohibits sexual harassment and gender-based harassment  of all students, regardless of the actual or perceived sexual orientation or  gender identity of the harasser or target.  
Although Title IX does not prohibit discrimination based solely on sexual  orientation,
 Title IX does protect all students, including lesbian, gay, bisexual,  and transgender (LGBT) students, from sex discrimination.  When students are  subjected to harassment on the basis of their LGBT status, they may also, as  this example illustrates, be subjected to forms of sex discrimination prohibited  under Title IX.  The fact that the harassment includes anti-LGBT comments or  is partly based on the target’s actual or perceived sexual orientation does  not relieve a school of its obligation under Title IX to investigate and remedy  overlapping sexual harassment or gender-based harassment.  In this example,  the harassing conduct was based in part on the student’s failure to act as  some of his peers believed a boy should act.  The harassment created a hostile  environment that limited the student’s ability to participate in the school’s  education program (
e.g.
, access to the drama club).  Finally, even  though the student did not identify the harassment as sex discrimination, the  school should have recognized that the student had been subjected to gender-based  harassment covered by Title IX.
In this example, the school had an obligation to take immediate and effective  action to eliminate the hostile environment.  By responding to individual incidents  of misconduct on an 
ad hoc
 basis only, the school failed to confront  and prevent a hostile environment from continuing.  Had the school recognized  the conduct as a form of sex discrimination, it could have employed the full  range of sanctions (including progressive discipline) and remedies designed  to eliminate the hostile environment.  For example, this approach would have  included a more comprehensive response to the situation that involved notice  to the student’s teachers so that they could ensure the student was not subjected  to any further harassment, more aggressive monitoring by staff of the places  where harassment occurred, increased training on the scope of the school’s  harassment and discrimination policies, notice to the target and harassers  of available counseling services and resources, and educating the entire school  community on civil rights and expectations of tolerance, specifically as they  apply to gender stereotypes.  The school also should have taken steps to clearly  communicate the message that the school does not tolerate harassment and will  be responsive to any information about such conduct.
17

**Section 504 and Title II:  Disability Harassment**
- Several classmates repeatedly called a student with a learning disability“stupid,” “idiot,” and “retard” while in school and on the school bus.  On oneoccasion, these students tackled him, hit him with a school binder, and threwhis personal items into the garbage.  The student complained to his teachersand guidance counselor that he was continually being taunted and teased.  Schoolofficials offered him counseling services and a 

17 Guidance on      gender-based harassment is also included in OCR’s *Sexual Harassment      Guidance*, *available at*http://www.ed.gov/about/offices/list/ocr/docs/shguide.html*.*

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).
Page 9psychiatric evaluation, but did not discipline the offending students.       As a result, the harassment continued.  The student, who had been performing      well academically, became angry, frustrated, and depressed, and often refused      to go to school to avoid the harassment.
In this example, the school failed to recognize the misconduct as disability  harassment under Section 504 and Title II.  The harassing conduct included  behavior based on the student’s disability, and limited the student’s ability  to benefit fully from the school’s education program (
e.g.
, absenteeism).   In failing to investigate and remedy the misconduct, the school did not comply  with its obligations under Section 504 and Title II. 
Counseling may be a helpful component of a remedy for harassment.  In this  example, however, since the school failed to recognize the behavior as disability  harassment, the school did not adopt a comprehensive approach to eliminating  the hostile environment.  Such steps should have at least included disciplinary  action against the harassers, consultation with the district’s Section 504/Title  II coordinator to ensure a comprehensive and effective response, special training  for staff on recognizing and effectively responding to harassment of students  with disabilities, and monitoring to ensure that the harassment did not resume.  
18

I encourage you to reevaluate the policies and practices your school uses  to address bullying19 and  harassment to ensure that they comply with the mandates of the federal civil  rights laws.  For your convenience, the following is a list of online resources  that further discuss the obligations of districts to respond to harassment  prohibited under the federal antidiscrimination laws enforced by OCR:
- Sexual Harassment:  It’s Not Academic  (Revised 2008):   http://www.ed.gov/about/offices/list/ocr/docs/ocrshpam.html
- Dear Colleague Letter:  Sexual Harassment Issues  (2006):   http://www2.ed.gov/about/offices/list/ocr/letters/sexhar-2006.html
- Dear Colleague Letter:  Religious Discrimination  (2004):   http://www2.ed.gov/about/offices/list/ocr/religious-rights2004.html
- Dear Colleague Letter:  First Amendment  (2003):   http://www.ed.gov/about/offices/list/ocr/firstamend.html

18 More information    about the applicable legal standards and OCR’s approach to investigating    allegations of disability harassment is included in OCR’s Dear Colleague    Letter:  Prohibited Disability Harassment (July 25, 2000), *available    at*http://www2.ed.gov/about/offices/list/ocr/docs/disabharassltr.html. 19 For resources      on preventing and addressing bullying, please visit http://www.bullyinginfo.org,      a Web site established by a federal Interagency Working Group on Youth      Programs.  For information on the Department’s bullying prevention resources,      please visit the Office of Safe and Drug-Free Schools’ Web site at http://www.ed.gov/offices/OESE/SDFS.       For information on regional Equity Assistance Centers that assist schools      in developing and implementing policies and practices to address issues      regarding race, sex, or national origin discrimination, please visit http://www.ed.gov/programs/equitycenters.

Not for Reliance for Certain Purposes. This document expresses policy that is inconsistent in some respects with the Department’s regulations implementing Title IX of the Education Amendments of 1972, as amended in 2020, as well as Executive Orders 13988 (on combating discrimination based on gender identity or sexual orientation)  and 14021 (on sex discrimination in educational environments).
Page 10- Sexual Harassment Guidance  (Revised 2001):  http://www.ed.gov/about/offices/list/ocr/docs/shguide.html
- Dear Colleague Letter:  Prohibited Disability Harassment  (2000):  http://www.ed.gov/about/offices/list/ocr/docs/disabharassltr.html
- Racial Incidents and Harassment Against Students  (1994):  http://www.ed.gov/about/offices/list/ocr/docs/race394.html

 Please also note that OCR has added new data items to be collected through    its Civil Rights Data Collection (CRDC), which surveys school districts in    a variety of areas related to civil rights in education.  The CRDC now requires    districts to collect and report information on allegations of harassment,    policies regarding harassment, and discipline imposed for harassment.  In    2009-10, the CRDC covered nearly 7,000 school districts, including all districts    with more than 3,000 students.  For more information about the CRDC dataitems, please visit http://www2.ed.gov/about/offices/list/ocr/whatsnew.html.
OCR is committed to working with schools, students, students’ families, community  and advocacy organizations, and other interested parties to ensure that students  are not subjected to harassment.  Please do not hesitate to contact OCR if  we can provide assistance in your efforts to address harassment or if you have  other civil rights concerns.  

For the OCR regional office serving your state, please visit: http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm,  or call OCR’s Customer Service Team at 1-800-421-3481.  

I look forward to continuing our work together to ensure equal access to education,  and to promote safe and respectful school climates for America’s students.  
 Sincerely, /s/   Russlynn Ali Assistant Secretary        for  Civil Rights  Last Modified: 06/17/2021