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Slide 13, Recommendations/ Best Practices

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Slide 13, Recommendations/ Best Practices

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* Ensure that college students are recruited in a fair and just way.
* College admissions should not be based on race, rather they should be based on academic performance.
* Supreme court rulings state that college admissions are not allowed to discriminate against a person based on race.
* The gap between minorities and non minorities in college admission has remained the same for over 50 years. Many Colleges are majority Caucasian with less that 20% of students being minorities.
* Texas law states that colleges can not recruit students based on race and colleges doing to can face disciplinary action.
* As a school or college counselor it will be our duty to ensure that our student are served in a just manner.

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Although many laws are in place to protect students from being discriminated against during the admissions process evidence show that college admit and recruit wealthy Caucasian student more than they do minority student especially African America students. As a future school counselor it will be my job to ensure that my students are treated fairly and jus when applying to colleges. It will be my job to advocate for them and their rights.

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They believe that it is their duty to create a college environment free of racial and other biases.

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Texas State forbids discrimination in any university activity or program. Faculty members, staff employees, and students who discriminate against others in connection with a university activity or program will be considered to have violated this policy and are subject to disciplinary sanctions.

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UPPS No. 04.04.46
Issue No. 9
Effective Date: 6/17/2019
Next Review Date: 10/01/2022 (E3Y)
Sr. Reviewer: Chief Diversity Officer and Director, Equity and Inclusion

1. POLICY STATEMENTS

1. Texas State University is committed to an inclusive educational and work environment that provides equal opportunity and access to all qualified persons. Texas State, to the extent not in conflict with federal or state law, prohibits discrimination on the basis of race, color, national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender identity, or gender expression.

This policy describes reporting procedures for filing discrimination complaints with the Office of Equity and Inclusion and the process used to investigate and resolve them.

2. Texas State forbids discrimination in any university activity or program. Faculty members, staff employees, and students who discriminate against others in connection with a university activity or program will be considered to have violated this policy and are subject to disciplinary sanctions.

2. DEFINITIONS

1. Discrimination - conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education because of their race, color, national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender identity, or gender expression.

2. Harassment - is a form of discrimination consisting of unwelcome verbal, written, graphic, or physical conduct that:

1. is directed at an individual or group of individuals because of their race, color, national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender identity, or gender expression; and

2. is sufficiently severe or pervasive so as to interfere with an individual's employment, education, academic environment, or participation in institution programs or activities; and creates a working, learning, program, or activity environment that a reasonable person would find intimidating, offensive, or hostile.

To constitute prohibited harassment, the conduct must be directed at the individual or group based on a protected class. Conduct not based on one of the protected classes outlined in this definition will not be actionable under this policy.

To constitute prohibited harassment, the conduct must be both objectively and subjectively harassing in nature. Harassment does not have to be targeted at a particular individual in order to create a harassing environment, nor must the conduct result in a tangible injury to be considered a violation of this policy. Whether the alleged conduct constitutes prohibited harassment depends on the totality of the particular circumstances, including the nature, frequency, and duration of the conduct in question, the location and context in which it occurs, and the status of the individuals involved.

3. Respondent - the person reported to have discriminated against another person.

4. Complainant - the person who believes he or she is the victim of discrimination.

5. Mediation - a form of alternative dispute resolution outside of the university's formal complaint processes in which an impartial person, a mediator, facilitates communication between disputing parties to promote reconciliation, settlement, and understanding.

1. An employee may request mediation to resolve a discrimination complaint:

1. prior to filing an internal discrimination complaint; or

2. after filing an internal discrimination complaint, but before a decision is made on the case.

2. The parties to the dispute must agree to:

1. participate in the mediation;

2. attend the mediation with intent to resolve the complaint; and

3. meet the terms of any mutually-agreed-upon resolution.

3. Upcoming mediation will suspend the investigation of a formal complaint pending mediation results. Should mediation not result in resolution, the investigation will resume.

Either party may contact the Office of Equity and Inclusion or Human Resources to obtain additional information on the process or refer to UPPS No. 04.04.41, Staff Employee Mediation and Grievance Policy.

6. Confidentiality - When considering reporting options, complainants should be aware that certain university personnel can maintain strict confidentiality, while others have mandatory reporting and response obligations. University personnel who are not confidential reporters, as described in Section 02.07, and who receive a report of alleged discrimination are required to share the information with appropriate administrative authorities for investigation and follow up. Texas State will protect a complainant's confidentiality by refusing to disclose his or her information to anyone outside the university to the extent permitted by law. As for confidentiality of information within Texas State, the university must balance a complainant's request for confidentiality with its responsibility to provide a safe and non-discriminatory environment for the university community.

7. Employees Required to Maintain Confidentiality - The following individuals are required to maintain confidentiality and shall not report any information about an incident without the complainant's permission:

1. medical professional, including physical and mental health professionals, licensed counselors who provide mental health counseling to members of the university community, and those who act under the supervision of a health care employee; and

2. individuals whose scope of employment include confidentiality requirements under Texas law.

8. Management Directed Inquiry (MDI) - proactive measure requested by a vice president, dean, director, chair, or department head to address potential personnel concerns regarding discrimination without a formal complaint being filed. The Office of Equity and Inclusion conducts an MDI and provides the requesting manager with the results.

3. PROCEDURES FOR REPORTING INSTANCES OF DISCRIMINATION

1. The university encourages its faculty, staff, students, and guests who believe they are victims of discrimination to seek resolution through university-supported informal (see Section 05.) and formal (see Section 06.) procedures. The university allows group filing for individuals who believe the same individual discriminated against them.

2. Complainants should report discrimination in writing as soon as possible following the alleged incident to the Office of Equity and Inclusion.

4. RESPONSIBILITIES OF MEMBERS OF THE UNIVERSITY COMMUNITY REGARDING DISCRIMINATION REPORTS

1. Anyone in a supervisory position (i.e., vice presidents, deans, directors, chairs, department heads, and supervisors) is REQUIRED to notify the chief diversity officer (CDO) and director of Equity and Inclusion when they learn of a possible instance or allegation of discrimination.

2. Anyone who is NOT in a supervisory position is ENCOURAGED to notify the CDO when they learn of a possible instance of discrimination.

3. An exception to this general reporting requirement occurs when a faculty member alleges discrimination or harassment as part of a request for a hearing related to the denial of tenure or promotion because, under The Texas State University System (TSUS) Rules and Regulations, (Chapter V, Section 4.4) such a faculty member must make this allegation in writing directly to the president.

4. The university may not dismiss a formal report until it resolves the incident, in accordance with TSUS Rules and Regulations, Chapter VII, Section 4.43. If the person decides not to file a formal complaint, the university may still take action, including conducting an MDI.

5. If a person knowingly files a false charge against any member of the university community, a contractor, or a visitor to campus, the university may subject that person to disciplinary action under university and TSUS Rules and Regulations.

5. PROCEDURES FOR INFORMAL COUNSELING AND RESOLUTION OF DISCRIMINATION REPORTS

1. Because of the sensitive nature of discrimination, the university will make every reasonable effort to provide informal avenues for counseling and resolution. As part of an informal process, the complainant can receive support and assistance from the CDO.

2. The complainant may communicate directly with the person whose conduct is offensive and may bring a third party. Before adopting a direct approach, the complainant may seek advice about how best to approach the respondent. The university encourages students to consult the Counseling Center or the Dean of Students' office; staff and faculty may seek assistance from a supervisor or the CDO. A person who believes they are a victim of discrimination:

1. may seek direct resolution of the matter through discussions with the respondent; or

2. may seek to resolve the matter by sending the respondent a letter through the U.S. mail, certified, return receipt requested. The letter should include the following three parts:

1. a factual account of what happened;

2. a description of how the writer feels about what happened; and

3. what the writer wants to happen next (e.g., the behavior to stop).

If no resolution is forthcoming, the person is strongly encouraged to report the incident or incidents to the Office of Equity and Inclusion. The person who receives the report must notify the CDO as directed in Section 04.01.

3. If a direct resolution is deemed inappropriate, the person should seek other informal counseling and resolution with a supervisor, department chair or head, Dean of Students' Office, academic dean or advisor, counselor, or the CDO.

1. The person reporting the discrimination and the recipient of the report may discuss the specifics of the situation and explore possible avenues for informal resolution which may include how to file a formal complaint, if desired (see Section 06.).

2. Recipients of the report who are supervisors must consult with the CDO. After consultation with the CDO, the recipient of the report may attempt resolution while maintaining the anonymity of the person reporting the incident. The recipient of the report must take action toward resolution within 30 calendar days of receiving the report and provide written notification of this action to the CDO.

3. Following mandatory consultation with the CDO, the supervisor or administrator will base corrective action on a full review of the circumstances. If the supervisor finds discrimination, appropriate action directed toward the respondent will be taken.

4. The supervisor is responsible for notifying the CDO and the parties involved, in writing, of the efforts at informal resolution of a discrimination report.

4. If the person claiming discrimination is dissatisfied with the informal resolution or if the 30-calendar-day timeframe has lapsed without resolution, he or she may file a formal discrimination complaint in writing with the CDO as soon as possible following the alleged incident (see Section 06.).

6. PROCEDURES FOR FORMALLY INVESTIGATING REPORTS OF DISCRIMINATION

1. A person who wishes to file a formal complaint of discrimination must notify the CDO by mail, phone, or email.

1. Complainants may include a signed letter or use the Complaint Information Form available in the Office of Equity and Inclusion as soon as possible following the alleged incident. The correspondence should include:

1. the complainant's name, address, and, if possible, a telephone number where the CDO may reach the complainant during business hours;

2. names and, if known, job title, department and contact information of the person or persons alleged to have committed the discriminatory act; and

3. a description of the alleged discriminatory act or acts in sufficient detail to enable the CDO to understand what occurred, when it occurred, and the basis for the alleged discrimination (race, color, national origin, age, sex, religion, disability, veterans' status, sexual orientation, gender identity, or gender expression).

2. Email - Complainants may file a complaint using the following email address: equityinclusion@txstate.edu. Use the same procedures as above with electronic signature.

3. Phone - Complainants may contact the CDO at the following phone number: 512.245.2539.

The CDO will keep the information confidential to the extent permitted by law.

2. The CDO will initiate an investigation of an allegation of discrimination. This includes providing the respondent with written notification of the complaint in sufficient detail to allow him or her an opportunity to respond, and conducting separate interviews with the complainant and the respondent, as well as other witnesses, if necessary. The CDO will issue a finding within 90 calendar days of the initial report.

3. The CDO will:

1. review all aspects of the complaint;

2. only investigate reports of discrimination received per Section 06.01;

3. ascertain the desired resolution from the complainant;

4. obtain pertinent information from appropriate witnesses and other sources;

5. arrange interim relief measures, if necessary, in order to ensure that a hostile environment is not created through or after the investigation;

6. notify the TSUS Office of General Counsel when an attorney serves as advisor for a party to the complaint. Either the complainant or respondent may use an advisor, including legal counsel for advisory purposes. The advisor may only advise the party and may not otherwise participate in the investigation;

7. include in the written report, a recommendation that management consult with Human Resources or Academic Affairs, as appropriate, the TSUS Office of General Counsel on appropriate corrective actions for employees, and the Dean of Students' Office for appropriate academic actions for students if the CDO ascertains that a policy violation of discrimination has occurred;

8. determine if the conduct was still inappropriate, even if it finds that no discrimination occurred; and

9. issue a final report to the complainant, respondent, and the appropriate vice president in the reporting line.

4. The vice president in the respondent's reporting line, or other designated sanctioning authority determined by the CDO, in consultation with the TSUS Office of General Counsel, will issue and impose an appropriate sanction as soon as possible, but no later than 15 calendar days after receiving the final written report. The vice president, or other designated sanctioning authority, will notify, in writing, the complainant, respondent, and CDO of the sanction imposed.

5. The decision of the vice president or other designated sanctioning authority is final. The sanction will be imposed immediately by the designated administrative authority, who will continually monitor the circumstances to ensure a remedied situation.

6. If the respondent receives a sanction for the discrimination, he or she may appeal only the action's severity through the regular grievance process (See UPPS No. 04.04.41, Staff Employee Mediation and Grievance Policy or AA/PPS No. 04.02.32, Faculty Grievance Policy).

7. Texas State prohibits retaliation against a person who, in good faith, files a discrimination complaint, assists or participates in the investigation of a report of discrimination, or opposes discrimination.

7. ADMINISTRATIVE CLOSURE

The CDO may administratively close or dismiss a formal discrimination complaint under the following circumstances:

1. complainant lacks standing to file a complaint under this policy;

2. university cannot locate complainant;

3. complainant resigns from employment;

4. university approves complainant's request for case dismissal;

5. parties negotiate full remedy or settlement; or

6. for other reasons identified in applicable laws, regulations, or policies.

NOTE: Administrative closure does not prohibit issues raised in the complaint from being reviewed under Section 02.07.

8. PROCEDURES FOR PUBLICATION AND DISSEMINATION OF THIS POLICY

1. The CDO will provide training to all full-time regular employees through brochures, workshops, or other appropriate means, concerning:

1. definitions of discrimination;

2. examples of incidents of discrimination;

3. descriptions of how and when to report;

4. descriptions of available informal and formal resolution mechanisms; and

5. sources of support and information for complainants and respondents, as mandated by Texas Law.

Chapter 21, Texas Labor Code, requires all full-time employees to receive supplemental training biennially. While not required by law, part-time employees may attend the training. Following the training, an electronic record will be kept to verify completion.

2. Deans and heads of administrative units should discuss this policy and issues of discrimination at meetings of faculty, staff, graduate student employees, and teaching assistants at least once each year.

3. The CDO will discuss this policy in orientation programs for new faculty and staff employees within 30 calendar days of employment as mandated by Texas Law.

4. The CDO will provide training programs for persons who advise and counsel students or respond to crisis situations. These programs will include information about discrimination (e.g., definitions, informal counseling, and formal reporting procedures).

5. The dean of Students, the dean of the University College, and the dean of The Graduate College will collaborate with the Office of Equity and Inclusion to provide discrimination awareness and educational programs for students. While the university should direct this educational program toward new undergraduate and graduate students, it should not restrict it to them.

6. The university will summarize its policy on discrimination in the Faculty Handbook, the Staff Handbook, and the Student Handbook.

9. SANCTIONS

The university may impose the following sanctions for violation of this policy:

1. for faculty or staff - disciplinary action up to and including termination of employment;

2. for students - disciplinary action up to and including dismissal from the university; and

3. for contractors - cancellation of their contract with Texas State or other appropriate action.

10. CONFLICTS

If this policy conflicts with any policy, rule, or regulation at the university including procedures and policies found in the Faculty Handbook, the grievance and appeals policy in the Staff Handbook, or the Code of Student Conduct, this discrimination prohibition policy shall take precedence.

11. REVIEWERS OF THIS UPPS

Reviewers of this UPPS include the following:

Chief Diversity Officer and Director, Equity & Inclusion

October 1 E3Y

Chair, Staff Council

October 1 E3Y

Chair, Faculty Senate

October 1 E3Y

Associate Vice President for Student Affairs and Dean of Students

October 1 E3Y

Co-Chairs, President's Council For Women

October 1 E3Y

12. CERTIFICATION STATEMENT

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

Chief Diversity Officer and Director, Equity and Inclusion; senior reviewer of this UPPS Special Assistant to the President

President

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UPPS 04.04.46 - Prohibition of Discrimination

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UPPS No. 04.04.46Issue No. 9Effective Date: 6/17/2019Next Review Date: 10/01/2022 (E3Y)Sr. Reviewer: Chief Diversity Officer and Director, Equity and Inclusion POLICY STATEMENTS Texas State University is committed to an inclusive educational and work environment that provides equal opportunity and access to all qualified persons.

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Judicial Law
Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status.

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Issued October 2000 INTRODUCTION

Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language. This means people cannot be denied equal opportunity because they or their family are from another country, because they have a name or accent associated with a national origin group, because they participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.

The Department of Justice's Civil Rights Division is concerned that national origin discrimination may go unreported in the United States because victims of discrimination do not know their legal rights, or may be afraid to complain to the government. To address this problem, the Civil Rights Division has established a National Origin Working Group to help citizens and immigrants better understand and exercise their legal rights. If you think you, or someone you know, has been discriminated against because of national origin and want to learn more about exercising your legal rights, you should read this brochure.

This brochure explains the laws prohibiting national origin discrimination and provides some examples. You may find additional information about the Civil Rights Division and its Sections on the internet at http://www.usdoj.gov/crt. You may contact the Division to report complaints of discrimination as explained below.

KNOWING YOUR LEGAL RIGHTS

The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

The Division also enforces laws that prohibit discrimination on the basis of disability, protects the civil rights of persons who are institutionalized in certain state or local facilities, and prosecutes crimes that are motivated by a crime victim's race, color, or national origin.

In some cases, the Division may only become involved if there is a "pattern or practice" of discrimination. A "pattern or practice" generally means that there is more than a single incident of discrimination, and that there is a policy or repeated conduct that is discriminatory.

CRIMINAL VIOLATIONS OF CIVIL RIGHTS

* A young man of South Asian descent is assaulted as he leaves a concert at a nightclub. The assailant, a member of a skinhead group, yells racial epithets as he beats the victim unconscious in the club's parking lot with fists and a pipe.

* At Ku Klux Klan meetings, a Klansman tells other members that Mexicans and Puerto Ricans should go "back where they came from." They burn a cross in the front yard of a young Hispanic couple in order to frighten them and force them to leave the neighborhood. Before burning the cross, the defendant displays a gun and gives one of his friends another gun in case the victims try to stop them.

* An American company recruits workers in a small Mexican town, promising them good work at high pay. The company smuggles the Mexicans to the United States in an empty tanker truck. When they finally arrive in the U.S., the workers are threatened, told that if they attempt to leave their factory they will be killed.

The Criminal Section of the Civil Rights Division prosecutes people who are accused of using force or violence to interfere with a person's federally protected rights because of that person's national origin. These rights include areas such as housing, employment, education, or use of public facilities. You can reach the Criminal Section at (202) 514-3204 or write to:

DISABILITY RIGHTS

* An HMO that enrolls Medicaid patients tells a Mexican American woman with cerebral palsy to come back another day for an appointment while it provides immediate assistance to others.

This example may be a violation of federal laws that prohibit discrimination because of disability as well as laws that prohibit discrimination because of national origin. If you believe you have been discriminated against because you have a disability you may contact the Disability Rights Section at (800) 514-0301 (voice) or 800-514-0383 (TTY). You may also write to:

* A child has difficulty speaking English, but her school does not provide her with the necessary assistance to help her learn English and other subjects.

* A majority Haitian school does not offer honors classes. Other schools in the district that do not have many Haitian students offer both honors and advanced placement courses.

These examples may be violations of federal law, which prohibits discrimination in education because of a person's national origin. The Division's Educational Opportunities Section enforces these laws in elementary and secondary schools as well as public colleges and universities. The Education Section's work addresses discrimination in all aspects of education, including assignment of students to schools and classes, transportation of students, hiring and placement of faculty and administrators, distribution of school resources, and provision of educational programs that assist limited English speaking students in learning English.

To file a complaint or for more information, contact the Education Section at (202) 514-4092, or write to:

EMPLOYMENT

* A transit worker's supervisor makes frequent racial epithets against the worker because his family is from Iran. Last week, the boss put up a fake sign on the bulletin board telling everyone not to trust the worker because he is a terrorist.

* A woman who immigrated from Russia applies for a job as an accountant. The employer turns her down because she speaks with an accent even though she is able to perform the job requirements.

* A food processing company requires applicants who appear or sound foreign to show work authorization documents before allowing them to complete an employment application while native born Caucasian applicants are not required to show any documents before completing employment applications. Moreover, the documents of the ethnic employees are more closely scrutinized and more often rejected than the same types of documents shown by native born Caucasian employees.

These examples may be violations of the law that prohibits discrimination against an employee or job applicant because of his or her national origin. This means an employer cannot discipline, harass, fire, refuse to hire or promote a person because of his or her national origin.

If you believe an employer, labor organization or employment agency has discriminated against you because of your national origin, contact:

Equal Employment Opportunity Commission
(800) 669-4000
(Employers with 15 or more employees)
Office of Special Counsel
(800) 255-7688
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Office of Special Counsel for Immigration-Related Unfair Employment Practices, 1425
Washington, D.C. 20530
(Employers with 4 to 14 employees)
Employment Litigation Section
(202) 514-3831
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Employment Litigation Section, PHB
Washington, D.C. 20530
(State or local government employer with a pattern or practice of illegal discrimination)

In addition, an employer may violate federal law by requiring specific work authorization documents, such as a green card, or rejecting such documents only from applicants of certain national origins. For more information or to file a charge, contact the Division's Office of Special Counsel at the above address or toll-free number.

* A Native Hawaiian family is looking for an apartment. They are told by the rental agent that no apartments are available, even though apartments are available and are shown to white applicants.

* A realtor shows a Latino family houses only in Latino neighborhoods and refuses to show the family houses in white neighborhoods.

These examples may be violations of the federal Fair Housing Act. That law prohibits discrimination because of national origin, race, color, sex, religion, disability, or familial status (presence of children under 18) in housing. Individual complaints of discrimination may be reported to the Department of Housing and Urban Development (HUD) at (800) 669-9777. If you believe there is a pattern or practice of discrimination, contact the Division's Housing and Civil Enforcement Section at (202) 514-4713.

* A Latina woman is charged a higher interest rate and fees than white male customers who have similar financial histories and apply for the same type of loan.

This example may be a violation of federal laws that prohibit discrimination in lending because of national origin, race, color, sex, religion, disability and marital status or because any of a person's income comes from public assistance. If you believe you have been denied a loan because of your national origin or other protected reason, you may ask the lender for an explanation in writing of why your application was denied.

If the loan is for a home mortgage, home improvement, or other housing-related reasons, you may file a complaint with the Department of Housing and Urban Development at (800) 669-9777. If the loan is for purposes other than housing (such as a car loan), you may file a complaint either with the Division's Housing and Civil Enforcement Section or with the lender's regulatory agency. If your experience was part of a pattern or practice of discrimination you may also call the Housing and Civil Enforcement Section at (202) 514-4713, to obtain more information about your rights or to file a complaint.

PUBLIC ACCOMMODATIONS

* In a restaurant, a group of Asian Americans waits for over an hour to be served, while white and Latino customers receive prompt service.

* Haitian American visitors to a hotel are told they must pay in cash rather than by credit card, are charged higher rates than other customers, and are not provided with the same amenities, such as towels and soap.

These examples may be violations of federal laws that prohibit discrimination because of national origin, race, color, or religion in places of public accommodation. Public accommodations include hotels, restaurants, and places of entertainment. If you believe you have been denied access to or equal enjoyment of a public accommodation where there is a pattern or practice of discrimination, contact the Housing and Civil Enforcement Section at (202) 514-4713. You may also write to:

POLICE MISCONDUCT

* Police officers constantly pull over cars driven by Latinos, for certain traffic violations, but rarely pull over white drivers for the same violations.

* A police officer questioning a man of Vietnamese origin on the street gets angry when the man is unable to answer his questions because he does not speak English. The Officer arrests the man for disorderly conduct.

These examples may be violations of the Equal Protection Clause of the United States Constitution. They may also be violations of the Omnibus Crime Control and Safe Streets Act of 1968. That law prohibits discrimination because of national origin, race, color, religion, or sex by a police department that gets federal funds through the U.S. Department of Justice. They may also violate Title VI of the Civil Rights Act of 1964, which prohibits discrimination by law enforcement agencies that receive any federal financial assistance, including asset forfeiture property.

Complaints of individual discrimination can be filed with the Coordination and Review Section at

or contact the Coordination and Review Section at 1-888-848-5306.

Complaints of individual discrimination may also be filed with the Office of Justice Programs at Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, Washington, D.C. 20531, or contact Office of Justice Programs at (202) 307-0690.

The Special Litigation Section investigates and litigates complaints that a police department has a pattern or practice of discriminating on the basis of national origin. To file a complaint, contact the Special Litigation Section at (202) 514-6255 or write to:

CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS

* A jail will not translate disciplinary hearings for detainees who do not speak English.

* A state's psychiatric hospital has no means of providing treatment for people who do not speak English.

These examples may be violations of the Equal Protection Clause of the United States Constitution. The Special Litigation Section enforces the constitutional rights of people held in state or local government institutions, such as prisons, jails, juvenile correctional facilities, mental health facilities, developmental disability or mental retardation facilities, and nursing homes. If you are a resident of any such facility and you believe there is a pattern or practice of discrimination based on your national origin, contact the Special Litigation Section at (202) 514-6255. You may also write to:

FEDERALLY ASSISTED PROGRAMS

* A local social services agency does not provide information or job training in Korean even though one quarter of local residents speak only Korean.

* A hospital near the Texas/Mexico border dresses its security officers in clothes that look like INS uniforms to scare Latinos away from the emergency room. Latino patients are told to bring their own translators before they can see a doctor.

These examples may be violations of federal laws that prohibit discrimination because of national origin, race or color by recipients of federal funds. If you believe you have been discriminated against by a state or local government agency or an organization that receives funds from the federal government, you may file a complaint with the Division's Coordination and Review Section at (888) 848-5306. You may also write to:

The Coordination and Review Section will refer the complaint to the federal funding agency that is primarily responsible for enforcing nondiscrimination prohibitions applicable to its recipients.

* Despite requests from voters in a large Spanish-speaking community, election officials refuse to provide election materials, including registration forms and sample ballots, in Spanish or to allow Spanish speakers to bring translators into the voting booth.

* A polling official requires a dark-skinned voter, who speaks with a foreign accent and has an unfamiliar last name, to provide proof of American citizenship, but does not require proof of citizenship from white voters.

The election officials' conduct may violate the federal laws prohibiting voting discrimination. The Voting Rights Acts do not specifically prohibit national origin discrimination. However, provisions of the Acts make it illegal to limit or deny the right to vote of any citizen not only because of race or color, but also because of membership in a language minority group. In addition, the Acts also require in certain jurisdictions that election materials and assistance be provided in languages other than English.

Additionally, Section 208 of the Voting Rights Act, allows voters, who need help because of blindness, disability or because they cannot read or write, to bring someone (other than an employer or union representative) to help. This means that a voter who needs help reading the ballot in English can bring a friend or family member to translate. In some places, election officials must provide information, such as voter registration and the ballot, in certain language(s) other than English. This can include interpreters to help voters vote.

If you believe that you have been discriminated against in voting or denied assistance in casting your ballot, you may contact the Division's Voting Section at (800) 253-3931. You may also write to:

Note: For persons with disabilities, this document will be available in large print, audio tape, computer disc, and braille.

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Federal Protections Against National Origin Discrimination

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Issued October 2000 INTRODUCTION Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language.

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Administrative Law
Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

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Table of Contents

Overview of Title VI

Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F. Kennedy said in 1963:

Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.

If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.

Regulations and Statutes

Department of Justice's Title VI Regulations (28 C.F.R. § 42.101 et seq.) ( or )

Department of Justice's Title VI Coordination Regulations (28 C.F.R. § 42.401 et seq.) ( or )

Rulemaking actions to incorporate the Civil Rights Restoration Act's definitions of "program or activity" and "program" into regulations implementing Title VI, Section 504, and the Age Discrimination Act:

Title VI Materials
Executive Order 12250 The guidance documents are not intended to be a final agency action, have no legally binding effect, and have no force or effect of law. The guidance documents may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent. For more information, see "Memorandum for All Components: Prohibition of Improper Guidance Documents," from Attorney General Jefferson B. Sessions III, November 16, 2017. authorizes the Department of Justice (the Department) to provide issue guidance and technical assistance to individuals and entities that have rights or responsibilities under Title VI of the Civil Rights Act of 1964.The guidance documents included below provide informal non-binding guidance to assist you in understanding the Act and the Department's regulations.

Dear Colleague Letter to Courts Regarding Fines and Fees for Youth and Adults- April 2023
In April 2023, the Department issued a Dear Colleague Letter for state and local courts and juvenile justice agencies regarding the imposition and enforcement of fines and fees for adults and youth. The letter is grounded in constitutional principles, including the Sixth, Eighth and Fourteenth Amendments, as well as federal nondiscrimination statutes, including Title VI of the Civil Rights Act of 1964 (Title VI) and the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act)

Section 12601 and Title VI: Two Powerful Department Tools to Address Systemic Police Misconduct (January 2022)

Joint Letter from the Departments of Justice and Homeland Security to State and Local Emergency Managers (PDF)- October 4, 2018

Guidance to State and Local Governments and Other Federally Assisted Recipients Engaged in Emergency Preparedness, Response, Mitigation, and Recovery Activities on Compliance with Title VI of the Civil Rights Act of 1964

Tips & Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response, and Recovery

Ensuring Effective Emergency Preparedness, Response, and Recovery for Individuals with Access and Functional Needs: A Checklist for Emergency Managers

Press Release

Federal Agencies Issue Joint Guidance to Help Emergency Preparedness, Response and Recovery Providers Complys with Title VI of the Civil Rights Act

Agencias Federales Emiten Directrices Conjuntas Para Ayudar A Los Proveedores De Preparación, Respuesta Y Recuperación Frente A Emergencias A Cumplir Con El Título Vi De La Ley De Derechos Civiles

联邦政府机构签发联合指导，以帮助应急准备、响应和恢复的提供商遵守民权法案第 VI 章的各项规定

聯邦政府機構簽發聯合指導，以幫助應急準備、回應和恢復的提供商遵守民權法案第 VI 章的各項規定

Các Cơ Quan Liên Bang Ban Hành HưỚng DẪn Liên BỘ Giúp Các Đơn VỊ Cung CẤp ChuẨn BỊ SẴn Sàng, Ứng Phó Và PhỤc HỒi KhẨn CẤp Tuân ThỦ Theo Tiêu ĐỀ Vi CỦa ĐẠo LuẬt Dân QuyỀn

연방정부 부처들, '비상 대비, 대응, 복구 서비스 제공자들'이 시민의 권리법 제6장을 준수할 수 있도록 돕기 위해 공동 안내서 발행

Nagpalabas Ang Mga Pederal Na Ahensiya Ng Pinagsamang Gabay Para Tulungan Ang Mga Tagapaglaan Ng Paghahanda Sa Emerhensiya, Tugon At Pag-Recover Na Sumunod Sa Title Vi Ng Civil Rights Act

Федеральные Власти Выпустили Совместное Руководство, Чтобы Помочь Организациям, Предоставляющим Услуги Подготовки К Чрезвычайным Ситуациям, Реагированию И Восстановлению, В Вопросах Соблюдении Раздела Vi Закона О Гражданских Правах

Ajans Federal Yo Pibliye Yon Gid Kolaboratif Pou Ede Òganizasyon K Ap Bay Sèvis Preparasyon, Repons Ak Retablisman Nan Yon Ka Ijans Respekte Tit Vi Nan Lwa Ki Rele Civil Rights Act

Les Agences Fédérales Publient Un Guide Commun Pour Aider Les Intervenants De Protection Civile, D'urgence Et De Reconstruction A Etre Conformes Au Titre Vi De La Loi Sur Les Droits Civils

وكالات فيدرالية تصدر دليل توجيهي مشترك لمساعدة مقدمي خدمات الاستعداد للطوارئ والاستجابة لها والتعافي منها للامتثال للباب السادس من قانون الحقوق المدنية

Fact Sheets: Confronting Discrimination Based on National Origin and Immigration Status, Office for Civil Rights at the Department of Education and Educational Opportunities Section of the Civil Rights Division - August 19, 2021

Joint Guidance on the Voluntary Use of Race, Office of Civil Rights at the Department of Education and Education Opportunity Section of the Civil Rights Division at the U.S. Department of Justice- December 2, 2011

Memorandum of Understanding on Environmental Justice and Executive Order 12898 (PDF)- August 4, 2011

Title VI and Coverage of Religiously Identifiable Groups, Assistant Attorney General Thomas Perez Letter to The Office of Civil Rights at the Department of Education (PDF)- September 2010

Civil Rights Division Communication to State Courts Regarding Language Access

Letter from Assistant Attorney General Kim to federal agencies regarding nondiscrimination on the basis of race, color, or national origin: hurricane-related issues (December 12, 2005) (PDF)

Assistant Attorney General Boyd Memorandum to Heads of Federal Grants Agencies, General Counsels and Civil Rights Directors on Executive Order 13166 ( HTML) ( PDF), October 26, 2001

Title VI Environmental Justice Materials

Title VI LEP Materials

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Title VI of the Civil Rights Act of 1964

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Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F.

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Statutory Law
47 US Code Section 202
* It is unlawful for any common carrier to make unjust or unreasonable discrimination charges, practices, classifications, or regulations.

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It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.

(b) Charges or services included

Charges or services, whenever referred to in this chapter, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind.

Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense.

(June 19, 1934, ch. 652, title II, § 202, 48 Stat. 1070; Pub. L. 86-751, , 74 Stat. 888; Pub. L. 101-239, title III, § 3002(a), , 103 Stat. 2131.)

References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1989-Subsec. (c). Pub. L. 101-239 substituted "$6,000" for "$500" and "$300" for "$25".

1960-Subsec. (b). Pub. L. 86-751 substituted "common carrier lines of communication, whether derived from wire or radio facilities," for "wires".

The following state regulations pages link to this page.

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47 U.S. Code § 202 - Discriminations and preferences

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It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.

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Constitutional Law
* Title VI states that:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color or national origin in programs or activities that receive Federal financial assistance.

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* The supreme court will again be looking at the issue on how much race can play a factor in college admissions.
* They will be looking cases from both Harvard and the University of North Carolina at Chapel Hill.
* The cases claimed that both college upheld unlawful racial bias.

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How do colleges use race in admissions decisions?

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The Supreme Court is again taking up the controversial question of how much race can be considered in college admissions, or whether it should even be considered at all.

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* Research shows that college look more at recruiting from wealthy, white high schools.
* The wealth gap between white and black families remains the same in 1968.
* Out of 101 public colleges only 9% enrolled blacks students at rates proportionate to their state.

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Inside Higher Ed | Higher Education News, Events and Jobs

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Will conversation turn to action when it comes to issues of racial equity in college admission?

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Is now the moment when college admission professionals will start breaking down known barriers to admission for Black students?

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In this particular article they discuss a supreme court ruling that does not allow college admissions to use race as a factor when determining acceptance. In 2008 Abigail Fisher automatically fit the acceptance criteria because she graduated top ten in her class. However after being denied an acceptance she sued the University of Texas at Austin, under claims that they denied her because of race.

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The U.S. Supreme Court on Thursday upheld the University of Texas' (UT) race-conscious admissions program, a decision that allows public and private universities to continue providing students the substantial benefits of learning in an integrated and diverse student body.

"We are profoundly gratified by this decision because the long-term benefits set in motion by programs like the one at the University of Texas, Austin have such a real and profound impact on the way society functions," said NEA President Lily Eskelsen García. "Our institutions of higher education need to continue to be able to use such programs, which provide a crucial foundation for achieving true equality throughout our society."

By a vote of 4-3, the Court upheld the decision of a lower court in the case, known as Fisher v. the University of Texas at Austin. In writing the majority opinion, Justice Anthony Kennedy specifically said that UT must continually assess its need for race-conscious admissions, but also that race-conscious admissions as applied so far by UT is "meaningful.' He was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. In his 50-page dissent, Justice Samuel Alito called the decision, "remarkable-and remarkably wrong."

But what's really wrong, points out Eskelsen García, is that there still exist wide gaps in opportunities, depending on a student's race. "We do not live in a color-blind society, and race still matters," she said. "When it comes to public education - whether it's preschool or graduate school - racial classifications continue to carry great weight. If we're serious about ensuring every child has access to a great public school, no matter his or her ZIP code, then we must uphold diversity programs because there is no question that they serve a compelling state interest."

The Benefits of UT's Practices

The case was set in motion nearly 20 years ago, in 1997, after the Texas legislature passed a law requiring the University of Texas to admit all high school seniors who ranked in the top 10 percent of their high school classes. This Top 10 Percent Law, which is race-neutral, fills most freshman seats-but to fill the remaining spots, UT began looking at a number of factors, including work experiences, extra-curricular activities, demonstrated leadership, and "special circumstances," which may include family income and race. These more holistic considerations are common in university admissions.

In 2008, when Abigail Fisher, a white Texan who was not in the top 10 percent of her class, applied and was denied admission, she sued UT, saying that the university had practiced racial discrimination.

The aim of UT's race-conscious admissions practices is to matriculate a "critical mass" of minority students so that all students at UT can reap the benefits of a diverse student body. These benefits include, "promot[ing] racial acceptance, improv[ing] academic performance, and foster[ing] a robust exchange of ideas," wrote NEA and its partners, which included the American Federation of Teachers, the Service Employees International Union, and others, in a amicus brief filed with the Supreme Court. Diverse schools also help prepare students to work in increasingly diverse workplaces.

"This is not made-up, stars in our eyes kind-of stuff," said Eskelsen García. "There is empirical evidence that affirmative action fosters a type of racial harmony that works to combat persistent inequality. The Supreme Court today agreed that institutions of higher education can make the judgment that they will heed that evidence and carefully craft policies that will yield truly diverse student bodies."

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Supreme Court Affirms Race-Conscious Admissions in Higher Education | NEA

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The U.S. Supreme Court on Thursday upheld the University of Texas' (UT) race-conscious admissions program, a decision that allows public and private universities to continue providing students the substantial benefits of learning in an integrated and diverse student body.

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I believe that even in the year 2021 many colleges are still only admitting students who fit their mold rather than admitting various students from various backgrounds. I hope that through this padlet I can help academic advisors understand ethical and legal reason for admitting students of all backgrounds into their campuses. I chose this topic because for years many people fought for desegregation in schools. Many cases such and Brown vs. the Board of Education of Topeka and Mendez vs. Westminster accused their school districts of segregating schools and not giving their children the right to a better education. Although we have come a long way we can still see discrimination when it come to race and college admission. We have seen recently seen in the news cases where wealthy families bought their child's way into college. We can also see a large gap when looking at Ivy League schools. 50%of students there are Caucasian while only 13% are African American and Latino. We need to stop and evaluate whether the admission process is ethically correct and legally correct.