U.S. Department of Education Office of Civil Rights (OCR) issues guidance on Bullying/Harassment

On the heel of several high-profile bullying cases and a concern with the growing problems in schools, on October 26, 2010, the U.S. Department of Education Office of Civil Rights (OCR) issued guidance in the form of a "Dear Colleague Letter,"  written by Russlynn Ali, Assistant Secretary for Civil Rights.  The letter addresses schools, colleges and universities across the nation advising educators that in addition to action required under applicable state anti-bullying and harassment laws, student misconduct may trigger educators to take action under one or more of the federal antidiscrimination laws enforced by the OCR.    

OCR enforces the federal anti-discrimination laws which prohibit harassment based on race, color, national origin, sex or disability.  The letter warns school officials that by limiting their responses to misconduct by only enforcing anti-bullying disciplinary policies, they may fail to properly consider whether student misconduct also results in discriminatory harassment under federal laws.  The letter places a considerable amount of responsibility on educators to be proactive and vigilant  in combating harassment and hostile educational environments. The letter concludes with several non-fictional harassment illustrations, demonstrating how educators' actions were inappropriate or ineffective in managing misconduct. After each scenario, the letter demonstrates the appropriate methods that the educators should have applied to comply with the federal laws and remedy the violations.

 To view the OCR letter go to:  http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html