United States Department of Education Office for Civil Rights

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Presentation transcript:

United States Department of Education Office for Civil Rights Title VI of the Civil Rights Act of 1964 United States Department of Education Office for Civil Rights Hillsborough County Public Schools Dr. Pansy Houghton, Executive Officer Compliance Office of the Deputy Superintendent for Instruction

Title VI of the Civil Rights Act of 1964 Laws You Should Know 1 Background 2 Training The objective of this presentation is to review three very important laws that are embedded in several sections the School Board Policy.   First I will review the District’s Policy on Nondiscrimination, followed by the District’s Policy on Anti-Harassment and then we will talk about Freedom of Speech.

Complaint On February 23, 2017, the U.S. Department of Education (Department), Office for Civil Rights (OCR) received a complaint against the Hillsborough County Public Schools (District) alleging discrimination on the basis of race. Specifically, the Complainant alleges that the District discriminated against students at Alonso High School (School) when on February 6, 2017, students in a classroom witnessed a substitute teacher tell an African American student "if you do not like what's going on in America go back to where you came from."

Mission & Laws Enforced The mission of the OCR is to: ensure equal access to education to promote educational excellence throughout the nation through vigorous enforcement of civil rights OCR enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial (FFA) assistance from the Department of Education

Laws Enforced OCR enforces the following law: Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability Age Discrimination Act of 1975 prohibits discrimination on the basis of age Title II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act of 2001 prohibits denial of access to or other discrimination against the Boy Scouts or other Title 36 U.S.C. youth groups

Jurisdiction Since the Distict receives federal financial (FFA) assistance from the Department of Education OCR has jurisdiction over this complaint

Title VI of the Civil Rights Act of 1964 Training The objective of this presentation is to review three very important laws that are embedded in several sections the School Board Policy.   First I will review the District’s Policy on Nondiscrimination, followed by the District’s Policy on Anti-Harassment and then we will talk about Freedom of Speech.

Title VI of the Civil Rights Act of 1964 Requirements of Title VI, including that discrimination and/or harassment based on race, color or national origin is prohibited and will not be tolerated Behaviors that constitute discrimination and/or harassment based on race Disciplinary sanctions applicable to anyone who engages in discrimination and/or harassment based on race Responsibility of staff to report incidents of possible discrimination and/or harassment and the procedures for doing so Where, how and to whom allegations of discrimination and/or harassment are to be reported

CAMBRIDGE MINIORITY REPORT VOLUME 1 - 2017

Video

Title VI of the Civil Rights Act of 1964 Nondiscrimination 1122, 2260, 3122 & 4122 2 Anti-Harassment 1362 The objective of this presentation is to review three very important laws that are embedded in several sections the School Board Policy.   First I will review the District’s Policy on Nondiscrimination, followed by the District’s Policy on Anti-Harassment and then we will talk about Freedom of Speech.

Nondiscrimination Hillsborough County Public Schools is committed to providing an education and work environment free from all forms of discrimination and harassment, including sexual harassment Students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting all forms of discrimination or harassment This commitment applies to all District operations, programs and activities   Hillsborough County Public Schools is committed to providing an education and work environment free from all forms of discrimination and harassment, including sexual harassment Students, administrators, teachers, staff, and all other school personnel share responsibility for avoiding, discouraging, and reporting all forms of discrimination or harassment This commitment applies to all District operations, programs and activities  

Continuous Notification Of Nondiscrimination Pursuant to Title VI, Title IX, Section 504/Title II and other civil rights regulations, the School District of Hillsborough County does not: discriminate nor tolerate harassment on the basis of: race, color, ethnicity, national origin religion, gender, gender identity sexual orientation, age, disability marital status, genetic information or Pregnancy discriminate nor tolerate harassment in: its educational programs, services or activities its hiring or employment practices   As required by law, the District has an expanded version of the Nondiscrimination statement called the Continuous Notification of Nondiscrimination. Embedded within the Continuous Notification is the District’s Anti-Harassment Policy. Pursuant to Title VI, Title IX, Section 504/Title II and other civil rights regulations, the School District of Hillsborough County does not: discriminate nor tolerate harassment on the basis of: race, color, ethnicity, national origin religion, gender, gender identity sexual orientation, age, disability marital status, genetic information or Pregnancy discriminate nor tolerate harassment in: its educational programs, services or activities its hiring or employment practices

Continuous Notification of Nondiscrimination The District will: take immediate action to eliminate such harassment, prevent its recurrence, and address its effects investigate all allegations of unlawful harassment and, in those cases where legally prohibited (as mentioned above) harassment is substantiated, the District will take immediate steps to end the harassment employees or students who are found to have engaged in unlawful harassment will be subject to appropriate disciplinary action The District also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act   The District will: take immediate action to eliminate such harassment, prevent its recurrence, and address its effects investigate all allegations of unlawful harassment and, in those cases where legally prohibited (as mentioned above) harassment is substantiated, the District will take immediate steps to end the harassment. Employees or students who are found to have engaged in unlawful harassment will be subject to appropriate disciplinary action The District also provides equal access to its facilities to the Boy Scouts and other patriotic youth groups, as required by the Boy Scouts of America Equal Access Act

Continuous Notification of Nondiscrimination   Everyone is expected to work together to prevent harassment. If you believe you or another individual has been subjected to discrimination or harassment on the basis of (race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, marital status, genetic information or pregnancy), you should report the harassment to your school (Principal or Assistant Principal) or to:  Dr. Pansy Houghton, Executive Officer Compliance 901 East Kennedy Boulevard Tampa, FL 33602 (813) 272-4098 pansy.houghton@sdhc.k12.fl.us Everyone is expected to work together to prevent harassment. Should you believe you or another individual has been subjected to harassment on the basis of (race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, marital status, genetic information or pregnancy), you should report the harassment to your school or to:  Dr. Pansy Houghton at (813) 272-4098

Laws You Should Know Anti-Harassment Race Religion National Origin 1 Anti-Harassment 2 Race 3 Religion 4 National Origin 5 Disability Now, let’s highlight four sections of the Anti-Harassment Policy for further clarification Anti-Harassment Race National Origin Disability

Racial Harassment Racial harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's race or color, and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: race or color, such as racial slurs, nicknames implying stereotypes, epithets, and/or negative references relative to racial customs Racial Harassment Racial harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's race or color, and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: race or color, such as racial slurs, nicknames implying stereotypes, epithets, and/or negative references relative to racial customs

Religious (Creed) Harassment Prohibited religious harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's religion or creed and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: religious tradition, clothing, or surnames, and/or involves religious slurs Religious Harassment Prohibited religious harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's religion or creed and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: religious tradition, clothing, or surnames, and/or involves religious slurs

National Origin Harassment Prohibited national origin harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's national origin and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: national origin, such as negative comments regarding customs, manner of speaking, language, surnames, or ethnic slurs National Origin Harassment Prohibited national origin harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's national origin and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: national origin, such as negative comments regarding customs, manner of speaking, language, surnames, or ethnic slurs

Disability Harassment Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's disability and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like Disability Harassment Prohibited disability harassment occurs when unwelcome physical, verbal, or nonverbal conduct is based upon: an individual's disability and when the conduct has the purpose or effect of interfering with the individual's work or educational performance Such harassment may occur where conduct is directed at the characteristics of a person's: disabling condition, such as negative comments about speech patterns, movement, physical impairments or defects/appearances, or the like

No one should: Hostile Environment create an intimidating, hostile, or offensive working, and/or learning environment interfere with any one’s ability to participate in or benefit from a class or an educational program or activity In accordance with the District's Anti-Harassment Policy No one should: create an intimidating, hostile, or offensive working, and/or learning environment interfere with any one’s ability to participate in or benefit from a class or an educational program or activity

OTHER VIOLATIONS The District will take immediate steps to impose disciplinary action on individuals engaging in any of the following prohibited acts: Retaliating against a person who has made a report or filed a complaint alleging unlawful harassment, or who has participated as a witness in a harassment investigation. Filing a malicious or knowingly false report or complaint of harassment. Disregarding, failing to investigate adequately, or delaying investigation of allegations of unlawful harassment, when responsibility for reporting and/or investigating unlawful harassment charges comprises part of one's supervisory duties. It is important to note that - The District will take immediate steps to impose disciplinary action on individuals engaging in any of the following prohibited acts: Retaliating against a person who has made a report or filed a complaint alleging unlawful harassment, or who has participated as a witness in a harassment investigation. Filing a malicious or knowingly false report or complaint of harassment. Disregarding, failing to investigate adequately, or delaying investigation of allegations of unlawful harassment, when responsibility for reporting and/or investigating unlawful harassment charges comprises part of one's supervisory duties.

Laws You Should Know Question? Contact Dr. Pansy Houghton, Executive Officer Compliance Office of the Deputy Superintendent for Instruction 901 East Kennedy Boulevard Tampa, FL 33602 (813) 272-4098 pansy.houghton@sdhc.k12.fl.us Thank you for your commitment to Hillsborough County Public Schools.