Wednesday, October 27, 2010

Department of Education on Bullying

Yesterday the U.S. Department of Education issued guidance to support educators in combating bullying in schools by clarifying when student bullying may violate federal education anti-discrimination laws. The guidance makes clear that while current laws enforced by the department do not protect against harassment based on religion or sexual orientation, they do include protection against harassment of members of religious groups based on shared ethnic characteristics as well as gender and sexual harassment of gay, lesbian, bisexual, and transgender individuals.

Here's a copy of the Dear Colleague Letter:
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Dear Colleague Letter
download files PDF (296K)
Fact Sheet download files PDF (117K)

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 also results 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 which bases bullying or harassment is specifically prohibited. Indeed, many schools have adopted anti-bullying policies that go beyond prohibiting bullying on the basis 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.


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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 additional obligations 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 the physical 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 school must 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); 34 C.F.R. § 104.7(b); 34 C.F.R. § 104.8; 34 C.F.R. § 106.8(b); 34 C.F.R. § 106.9.


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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).


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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 few individuals whom it could identify as having been involved. By failing to acknowledge the racially hostile environment, the school failed to meet its obligation to implement a more systemic response to address the unique effect that the misconduct had on the school climate. A more effective response would have included, in addition to punishing the perpetrators, such steps as reaffirming the school’s policy against discrimination (including racial harassment), publicizing the means to report allegations of racial harassment, training faculty on constructive responses to racial conflict, hosting class discussions about racial harassment and sensitivity to students of other races, and conducting outreach to involve parents and students in an effort to identify problems and improve the school climate. Finally, had school officials responded appropriately

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


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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 harassment was based on the students’ actual or perceived shared ancestry or ethnic identity as Jews (rather than on the students’ religious practices). The school was not relieved of its responsibilities under Title VI because the targets of one of the incidents were not actually Jewish. The harassment was still based on the perceived ancestry or ethnic characteristics of the targeted students. Furthermore, the harassment negatively affected the ability and willingness of Jewish students to 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.


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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.

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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 misconduct as a form of sex discrimination under Title IX. Title IX prohibits harassment of 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 prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Thus, it can be sex discrimination if students are harassed either for exhibiting what is 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.


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    sex, 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 one occasion, these students tackled him, hit him with a school binder, and threw his personal items into the garbage. The student complained to his teachers and guidance counselor that he was continually being taunted and teased. School officials 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.


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    psychiatric 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:

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.


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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 data items, 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

Monday, October 25, 2010

HUD for LGBT Fair Housing

With all of the negative news around gay issues, let's hearken back to a positive develop that may have been overlooked. A couple of months ago, we got this announcement from the US Department of housing and Urban Development:

HUD No. 10-139
Shantae Goodloe
(202) 708-0685

HUD ISSUES GUIDANCE ON LGBT HOUSING DISCRIMINATION COMPLAINTS
Department addresses housing discrimination based on sexual orientation and gender identity

WASHINGTON- The U.S. Department of Housing and Urban Development (HUD) today announced a new policy that provides lesbian, gay, bisexual and transgender (LGBT) individuals and families with further assistance when facing housing discrimination. The new guidance treats gender identity discrimination most often faced by transgender persons as gender discrimination under the Fair Housing Act, and instructs HUD staff to inform individuals filing complaints about state and local agencies that have LGBT-inclusive discrimination laws. HUD Secretary Shaun Donovan announced the new guidance at HUD’s LGBT Pride Month Celebration.

"Our job to prevent and combat housing discrimination is not complete without addressing 21st Century issues," stated John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity. "Our fair housing staff will work with state and local civil rights agencies to investigate and refer discrimination cases and work to combat all aspects of gender discrimination."

The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, gender, disability and familial status. Approximately 20 states, and the District of Columbia, and over 60 cities, towns and counties across the nation have additional protections that specifically prohibit such discrimination against LGBT individuals. Under the guidance announced today, HUD will, as appropriate, retain its jurisdiction over complaints filed by LGBT individuals or families but also jointly investigate or refer matters to those state, district and local governments with other legal protections.

For example, if a man alleges that he is being evicted because he is gay and his landlord believes he will infect other tenants with HIV, then the allegation of discrimination may be jurisdictional under the Fair Housing Act based on disability because the man is regarded as having a disability, HIV/AIDS.  Similarly, if a female prospective tenant is alleging discrimination by a landlord because she wears masculine clothes and engages in other physical expressions that are stereotypically male, then the allegations may be jurisdictional under the Act as discrimination based on gender.      

Last October, HUD Secretary Shaun Donovan announced a series of measures to ensure that the agency’s core housing programs are open to all, regardless of sexual orientation or gender identity.  Earlier this month, HUD announced that it will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect LGBT individuals. In addition, HUD intends to propose new regulations that will clarify that the term "family" as used to describe eligible beneficiaries of HUD’s programs include otherwise eligible LGBT individuals and couples. The Department’s intent to propose new regulations will clarify family status to ensure its core housing programs are available to all families, regardless of their sexual orientation or gender identity.          

The Federal Housing Administration (FHA) will also instruct its lending community that FHA-insured mortgage loans must be based on the credit-worthiness of borrowers and not on unrelated factors or characteristics such as sexual orientation or gender identity. Finally, HUD will commission the first-ever national study of discrimination against members of the LGBT community in the rental and sale of housing. The Department is currently seeking online public comment from interested parties in how it might design this new study.

###

This announcement followed a series of policy changes from last November, including ensuring gay couples are covered under the term “family,” requiring grantees to comply with local gay-inclusive non-discrimination laws and specifying that any FHA-insured mortgage loan is free from anti-gay bias.

It's not a glamorous change but it is a significant one, and it will make a huge difference to a huge number of people. We must never lose sight of the positive amidst news of the negative. We'll always be encountering one step back, but let's focus on the two steps forward!

Wednesday, October 20, 2010

'Youth' Starts With 'You'

Here on Spirit Day during Ally Week, we present some resources to help protect LGBT youth from bullying and harassment:
  • Out, Safe & Respected - This kit from Lambda Legal is designed to help you know your rights at school and make sure they’re respected, and to give you concrete ideas about how you can make a difference in your school and community.

    You have the right to be who you are.

    You have the right to be out, safe and respected at school.

  • Bending The Mold - Whether you’re transgender or gender non-conforming, questioning, or an ally, this kit from Lambda Legal is designed to help you make your school a safer place.

    They’ve included ideas and information to help you advocate for change. There’s also an extensive list of resources to help you connect with the transgender community and find support.

  • Make It Better - This project, launched by the national GSA Network and endorsed by a zillion other groups, gives youth and adults the tools they need to combat anti-LGBT bullying and harassment and make schools safer for LGBT youth right now.
'Nuff said.

Monday, October 18, 2010

Act Now! We've Got Spirit, Yes We Do: Spirit Day, 10/20

Wear Purple on October 20 for Spirit Day

Equality NC is happy to support Spirit Day on October 20 to support LGBT youth and remember those who have committed suicide because of bullying.

How can you help?

  1. Wear purple on October 20!
  2. Click here to turn your Twitter profile pic purple now through October 20
  3. Click here to turn your Facebook profile pic purple now through October 20 - then click on the new photo and click "Make Profile Pic"
  4. On Wednesday, post this tweet: I'm wearing purple to end anti-LGBT bullying - make your profile pic purple today #SpiritDay http://glaad.org/spiritday
  5. On Wednesday, post this Facebook status: I'm wearing purple today to support LGBT youth - make your profile pic purple today for Spirit Day at http://glaad.org/spiritday
  6. Help promote by downloading this graphic for your blog or website

On Twitter? Use the hashtag #SpiritDay in your tweets - let's make #SpiritDay a trending topic!

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What is Spirit Day?

The idea behind Spirit Day, first created by teenager Brittany McMillan earlier this month, is a simple one, not dissimilar to the idea of "Spirit Week" held in many high schools, and can be summed up in three words: Everyone Rally Together.

Spirit Day honors the teenagers who had taken their own lives in recent weeks. But just as importantly, it's also a way to show the hundreds of thousands of LGBT youth who face the same pressures and bullying, that there is a vast community of people who support them.

Purple symbolizes 'spirit' on the rainbow flag, a symbol for LGBT Pride that was created by Gilbert Baker in 1978.

As one of the event's Facebook pages says: "This event is not a seminar nor is it a rally. There is NO meeting place. All you have to do is wear purple."

Wearing purple on October 20 is a simple way to show the world that you stand by these courageous young people and a simple way to stand UP to the bullies. Remember those lives we've tragically lost, and show your solidarity with those who are still fighting. 'Go Purple' today!

Please RSVP to these events on Facebook: "R.I.P. ;; In memory of the recent suicides due to gay abuse, wear purple" and Spirit Day, A GLOBAL Day of remembering.

Are You in Need of Immediate Help?

LGBT youth in need of immediate help should contact The Trevor Project 's 24/7 Lifeline at 866-4-U-TREVOR (866-488-7386) or The National Suicide Prevention Lifeline at 1-800-273-TALK (8255).

or more information, read GLAAD's blog post about GLAAD's work with Facebook on Spirit Day...

Watch this CNN video about Facebook working with GLAAD to fight anti-LGBT hateful speech:


Turn your profile pic purple now.

Thursday, October 14, 2010

Wednesday, October 13, 2010

It's That Time Again: Ally Week!

Next week is all about the straight folks, or at least the ones that support us gay folks. (OK, it's also about the gay folks who support the other gay folks. It's about all of us!)

GLSEN (Gay, Lesbian, and Straight Education Network) is sponsoring Ally Week.

Allies generally are non-LGBT people who are committed to ending bias and discrimination against LGBT people, but the term ally is more inclusive (particularly within the Safe Schools Movement) and can refer to anyone who supports ending anti-LGBT name-calling, bullying, and harassment in schools. For example, a bisexual adult can be an ally to LGBT students, and a lesbian student can be an ally to a transgender student.

During Ally Week, people are encouraged to take the ally pledge:

"I believe all students, regardless of sexual orientation or gender identity/expression deserve to feel safe and supported.

That means I pledge to:

  • Not use anti-LGBT (lesbian, gay, bisexual, transgender) language or slurs.
  • Intervene, if I safely can, in situations where students are being harassed.
  • Support efforts to end bullying and harassment."
This is one of the several easy things that you can do to take action.

Students are encouraged to sign up for specific events and activities on the website. You can also connect virtually through Facebook, MySpace, and Twitter.

On the website, you can download ally pledge cards and stickers, as well as order posters, t-shirts, and other promo materials. You can read and submit ally stories online, and you can learn about local and student organizing.

Ally Week is just one part in a larger program to create safe schools for all students and ultimately create a safe environment for all (including LGBT) people.

Monday, October 11, 2010

Come Out, Come Out, Wherever You Are! National Coming Out Day.

October 11 is National Coming Out Day when people of all sexual orientations are encouraged to come out and live openly.

(Obviously this has more significance for LGBT folks, but straight allies are included in this. Sometimes in predominantly gay situations it can be difficult for straight folks to admit to being not gay. The whole point is one of acceptance for everyone and acknowledgment of our diversity.)

(And Ally Week is coming up, Oct 18-22, BTW!)

While being gay doesn't have quite the stigma it used to, there still isn't true acceptance and equality. And considering how hard it can be to be gay today, it's that much harder to be bi, or trans, or even LGBT within another minority group like people of color. It can be hard to be unsure and questioning, wondering about your sexuality.

Coming out is a process, and there is no right or wrong way to do it. It's a wholly personal thing, and it can be a lifelong process. It's also a continuum - you may be out to your family, but you may be closeted at work, or at the gym, or at your kid's school, or standing in line at the bank.

The most important thing is to take a step today, in a conscious way. Do something that feels safe to you, but still do something to come or be out of the closet, or even just give some more visibility to all or part of the community. You can talk about your partner, the gay contestant on a reality show, the HIV/AIDS epidemic, your going to Pride, your BDSM leather club, or whatever!

Sexual orientation and gender identity are aspects of who we are, but they do not completely define us. Still, the only way to make progress is to be honest - prejudice and bigotry are based in ignorance, and the more of that we can take away, the less discrimination there will be.

Coming Out Day is actually celebrated internationally. In the US, HRC provides many resources and activities. Here's a handy map for organized events:

View these events on a larger map »

And here are some resources:
Whoever you are, wherever you are, come out!

Thursday, October 7, 2010

Extra! Extra! Loopy Lawmaker's Language Mobilizes Media!

Our campaign to draw attention to Rep. Larry Brown's homophobic comments ...

http://bit.ly/Followyournose

... has succeeded. Media outlets across the country have picked up the story. We've been mentioned on the radio, TV, numerous blogs, and print media nationwide.

Check some of these out:

ABC11 - http://abclocal.go.com/wtvd/story?section=news/politics&id=7706642

AllVoices http://www.allvoices.com/news/6953392-equality-nc-plans-froot-loops-protest-for-antigay-pol

AmericaBlogGay http://gay.americablog.com/2010/10/equalitync-is-sending-froot-loops-to.html

AP - http://www.google.com/hostednews/ap/article/ALeqM5g26-VzKaKAQ6lL7toVKKhm8IfCoAD9ILQBU00?docId=D9ILQBU00

Carolina Politics http://www.carolinapoliticsonline.com/2010/10/06/state-rep-brown-gay-people-are-fruit-loops/

Charlotte Observer http://www.charlotteobserver.com/2010/10/06/1743540/sending-senator-cereal-could-be.html

ChicagoPride.com - http://chicago.gopride.com/news/article.cfm/articleid/13728249

CNN - http://news.blogs.cnn.com/2010/10/07/n-c-republican-calls-gays-fruitloops-in-e-mail/

Connexion.org http://www.connexion.org/gay-news/news?id=768814

Daily Kos http://www.dailykos.com/story/2010/10/6/13243/5528

DailyMe http://dailyme.com/story/2010100600006379/gay-rights-group-send-cereal-nc-lawmaker.html

Dallas Voice http://www.dallasvoice.com/tag/fruit

DigTriad.com - http://www.digtriad.com/news/local/article.aspx?storyid=148909&catid=57

Edge Boston - http://www.edgeboston.com/index.php?ch=news&sc=&sc2=news&sc3=&id=111284

Edge Boston http://www.edgeboston.com/index.php?ch=news&sc=&sc2=news&sc3=&id=111284

Examiner.com - http://www.examiner.com/public-policy-in-charlotte/state-legislator-uses-anti-gay-slurs

Greensboro http://www.news-record.com/blog/55771/entry/100508

Idaho Statesman http://www.idahostatesman.com/2010/10/06/1369728_north-carolina-gop-state-legislator.html

JacksonvilleNews http://www.dailykos.com/story/2010/10/6/13243/5528

JoeMyGod http://joemygod.blogspot.com/2010/10/quote-of-day-larry-brown.html

Kentucky.com http://www.kentucky.com/2010/10/06/1467883/north-carolina-gop-state-legislator.html

Lezgetreal.com - http://lezgetreal.com/2010/10/nc-legislator-sends-out-homophobic-email-to-colleagues/

M2M POlitics http://intheloop.freedomblogging.com/2010/10/06/equality-nc-plans-to-send-legislator-boxes-of-froot-loops/1504/

McClatchy http://www.mcclatchydc.com/2010/10/06/101705/north-carolina-gop-state-legislator.html

Miami Herald - http://miamiherald.typepad.com/gaysouthflorida/2010/10/nc-legislator-uses-queers-fruitloops-in-anti-gay-e-mail.html

Miami Herald http://www.miamiherald.com/2010/10/05/1858532/north-carolina-legislator-uses.html

Michael Signorile - http://www.signorile.com/2010/10/today-on-signorile-show_07.html

MyFox8 - http://www.myfox8.com/news/wghp-story-lawmaker-criticized-101005,0,816512.story

MyNC.com - http://wake.mync.com/site/wake/news|Sports|Lifestyles/story/55952/nc-gay-rights-group-responds-to-email-containing-gay-slurs

NC News Network - http://www.ncnn.com/content/view/6464/26/

News 14 - http://charlotte.news14.com/content/local_news/triad/631196/gay-rights-group-asking-for-apology-from-legislator

News and Observer http://www.newsobserver.com/2010/10/07/725919/gay-rights-group-goes-sweet-n.html

On Top Magazine - http://www.ontopmag.com/article.aspx?id=6545&MediaType=1&Category=26

OpenSalon http://open.salon.com/blog/safe_bet/2010/10/06/profile_of_a_hater

Orange MyNC via USA Today http://orange.mync.com/site/Orange/news/story/55952/nc-gay-rights-group-responds-to-email-containing-gay-slurs/

Pam's House Blend http://pamshouseblend.com/diary/17551/help-equality-nc-send-fruit-loops-to-bigoted-state-representative-larry-brown

Perez Hilton http://perezhilton.com/2010-10-07-north-carolina-republican-representative-larry-brown-refers-to-gay-people-as-fruit-loops-on-e-mail-chain

Picked up by: Washington Post, Burlington Times News

QNotes http://goqnotes.com/8723/equality-nc-to-send-anti-gay-republican-boxes-of-froot-loops/

QueerWatch http://queerwatch.tumblr.com/post/1257358194/help-equality-nc-send-fruit-loops-to-bigoted-state

Sacramento Bee http://www.sacbee.com/2010/10/06/3085742/gay-rights-group-to-send-cereal.html

The Progressive Pulse - http://pulse.ncpolicywatch.org/2010/10/06/equality-nc-delivering-froot-loops-cereal-to-rep-brown/

The Progressive Pulse http://pulse.ncpolicywatch.org/2010/10/06/equality-nc-delivering-froot-loops-cereal-to-rep-brown/

The Stir - http://thestir.cafemom.com/in_the_news/110573/politician_says_gays_are_fruitloops

Towleroad http://www.towleroad.com/2010/10/equality-nc-plans-froot-loops-protest-for-anti-gay-pol.html

USA Today http://content.usatoday.com/topics/article/Organizations/Companies/Banking,+Financial,+Insurance,+Law/Bank+of+America/01x3gXrcWbfjA/1

WataugaWatch http://blog.wataugawatch.net/

Wikio London UK http://www.wikio.co.uk/culture/literature/authors/larry_brown

WRAL.com - http://www.wral.com/news/local/politics/story/8402744/

Winston-Salem Journal - http://www2.journalnow.com/news/2010/oct/07/gay-rights-activists-plan-cereal-campaign-ar-440333/

Wednesday, October 6, 2010

"Teenage Suicide (Don't Do It)"

The title is a joking reference to a song from the black comedy Heathers, but the topic is serious. Literally, it is deadly serious.

In the short span of a few weeks, there have been six gay teen suicides across the country:
  • Tyler Clementi, 18, Rutgers University freshman, violinist
  • Justin Aaberg, 15, Anoka, Minnesota freshman, cello player
  • Asher Brown, 13, Houston, Texas eighth-grader and straight A student
  • Raymond Chase, 19, Johnson & Wales University sophomore, culinary student
  • Billy Lucas, 15, Greensburg, Indiana sophomore, animal lover
  • Seth Walsh, 13, Fresno, California middle school student, artist and fashion aficionado
LGBT youth are up to four times more likely to attempt suicide than their heterosexual peers, according to the Massachusetts 2006 Youth Risk Survey.

Adolescence is hard enough, but then gay youth have the additional stressors of more limited social and societal options due to discrimination, as well as less access to information and support, and an increased incidence of bullying and harassment.

In the wake of these high-profile deaths, though, many people have taken steps to provide additional support to prevent teen suicide, in addition to already existing resources.
  • Noted columnist Dan Savage created his "It Gets Better" project to send the message that suicide is not the way to go and to show that gay folks can have a good and positive future ahead of themselves, even if they may not see that at the moment. Noted celebrities who have participated include Tim Gunn, Sarah Silverman, Ashley Tisdale, Jewel, Eve, Perez Hilton, and Chris Colfer.
  • The Trevor Project (provides a national 24-hour, toll free confidential suicide hotline for gay and questioning youth)
  • The Yellow Ribbon Suicide Prevention Program
  • National Suicide & Crisis Hotline: 1-800-273-8255
Suicide is a preventable tragedy, and we must work to raise awareness of the plight of, and options for, suicidal youth. Over a decade ago, former U.S. Surgeon General David Satcher called suicide a "public health crisis," and sadly, it still is.

Warning Signs of Suicide

  • Ideation (thinking, talking, or wishing about suicide or obsessing over death)
  • Substance use or abuse (increased use or change in substance)
  • Puposelessness (no sense of purpose or belonging)
  • Anger
  • Trapped (feeling like there is no way out)
  • Hopelessness (there is nothing to live for, no hope or optimism)
  • Withdrawal (from family, friends, work, school, activities, hobbies)
  • Anxiety (restlessness, irritability, agitation)
  • Recklessness (high risk-taking behavior)
  • Mood disturbance (dramatic changes in mood, including sudden happiness or calmness, as well as)

If You See the Warning Signs of Suicide...

Begin a dialogue by asking questions. Suicidal thoughts are common with depressive illnesses and your willingness to talk about it in a non-judgmental, non-confrontational way can be the help a person needs to seeking professional help. Questions okay to ask:

  • "Do you ever feel so badly that you think about suicide?"
  • "Do you have a plan to commit suicide or take your life?"
  • "Have you thought about when you would do it (today, tomorrow, next week)?"
  • "Have you thought about what method you would use?"
Remember, always take thoughts of or plans for suicide seriously.

Never keep a plan for suicide a secret. It is better to lose a relationship from violating a confidence than it is to go to a funeral. And most of the time they will come back and thank you for saving their life.

Don't try to minimize problems or shame a person into changing their mind. Trying to convince a person suffering that "it's not that bad" or that "you have everything to live for" may only increase feelings of guilt and hopelessness. Reassure them that help is available, that depression is treatable, and that suicidal feelings are temporary. Life can - and does - get better!

If you feel the person isn't in immediate danger, acknowledge the pain as legitimate and offer to work together to get help. Help find a doctor or a mental health professional, participate in making the first phone call, or go along to the first appointment. If you need to, call 911 to get help.