What Colleges Can Learn From 2 Federal Civil-Rights Investigations

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In recent years, the U.S. Department of Education’s Office for Civil Rights (OCR) has launched numerous investigations into colleges and universities across the country, citing potential violations of federal civil-rights laws. Two such investigations, in particular, offer valuable lessons for institutions of higher education seeking to ensure compliance with these laws and create a more inclusive and equitable environment for all students.

Investigation 1: Harvard University and Racial Discrimination

In 2019, the OCR launched an investigation into Harvard University’s admissions practices, following allegations of racial discrimination against Asian American applicants. The investigation was sparked by a lawsuit filed by the Students for Fair Admissions, a group that claimed Harvard’s use of race-conscious admissions policies unfairly disadvantaged Asian American students.

The OCR’s investigation ultimately found that Harvard’s admissions process did not violate federal civil-rights laws, including Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. However, the investigation did highlight areas for improvement, including the need for greater transparency in the university’s admissions process and more robust training for admissions staff on unconscious bias.

Investigation 2: University of Southern California and Sexual Harassment

In 2020, the OCR launched an investigation into the University of Southern California’s handling of sexual harassment and assault cases, following allegations that the university had failed to adequately respond to complaints of misconduct. The investigation was prompted by a complaint filed by a student who alleged that the university had mishandled her report of sexual assault, leading to a hostile environment on campus.

The OCR’s investigation found that USC had violated Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex, including sexual harassment and assault. The investigation identified several areas of noncompliance, including inadequate policies and procedures for responding to reports of sexual misconduct, insufficient training for staff and students, and a lack of transparency in the university’s investigation and adjudication processes.

Lessons Learned

While the outcomes of these two investigations differ, they both offer important lessons for colleges and universities seeking to ensure compliance with federal civil-rights laws and create a more inclusive and equitable environment for all students.

1. Transparency is Key

Both investigations highlight the importance of transparency in institutional policies and procedures. Colleges and universities must ensure that their policies and procedures are clear, concise, and easily accessible to all students, faculty, and staff. This includes providing detailed information on admissions processes, reporting mechanisms for discrimination and harassment, and investigation and adjudication procedures.

2. Training is Essential

The OCR’s investigations also underscore the need for robust training programs for staff and students. This includes training on unconscious bias, cultural competence, and responding to reports of discrimination and harassment. Institutions must ensure that all staff and students understand their roles and responsibilities in maintaining a safe and inclusive environment.

3. Policies Must Be Robust and Enforced

Colleges and universities must have robust policies and procedures in place to prevent and respond to discrimination and harassment. These policies must be regularly reviewed and updated to ensure compliance with federal laws and regulations. Moreover, institutions must ensure that these policies are enforced consistently and fairly, without bias or favoritism.

4. Student Feedback is Crucial

Finally, both investigations demonstrate the importance of soliciting student feedback and concerns. Colleges and universities must create mechanisms for students to report incidents of discrimination and harassment, and ensure that these reports are taken seriously and investigated promptly. Student feedback can also help identify areas for improvement in institutional policies and procedures.

Conclusion

The OCR’s investigations into Harvard University and the University of Southern California offer valuable lessons for colleges and universities seeking to ensure compliance with federal civil-rights laws and create a more inclusive and equitable environment for all students. By prioritizing transparency, training, robust policies, and student feedback, institutions can help prevent discrimination and harassment, and ensure that all students have the opportunity to succeed.

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