This resource is not intended to provide and should not be construed as legal advice.
Overview of Student Rights Under Title VI of the Civil Rights Act
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, and national origin in programs or activities that receive federal financial assistance. This includes protection for Jewish students based on their or actual or perceived shared ethnic characteristics or ancestral background, and Israeli students based on their national origin. Harassment, threats, and exclusion of Jewish students based on their ancestry/national origin is considered unlawful under Title VI. Educational institutions that receive federal funding - regardless of whether they are a private or public institution - are obligated to address harassment to ensure a discrimination-free learning environment. The U.S. Department of Education's Office for Civil Rights (OCR) enforces Title VI.
Title VI does not protect students from discrimination based only on religion, such as a school’s denial of a student’s request for an extension on an assignment for a religious holiday. The U.S. Department of Justice – not OCR -- has jurisdiction over issues of religious discrimination.
Types of Discrimination Prohibited Under Title VI
- Harassment that creates a hostile environment and is encouraged, accepted, tolerated, or left unaddressed by a school. The harassment can:
- Involve racial, ethnic, or ancestral slurs, name-calling, or stereotypes, such as comments about Jewish identity, power, dual loyalty, or conspiracy theories.
- Involve physical assault, graphic or written statements such as swastikas, and destruction of property such as mezuzahs.
- Be based on Jewish appearance or religious expression, including wearing a yarmulke, Star of David, or other attire tied to Jewish or Israeli cultural or religious traditions.
- Be based on having a Hebrew or Jewish-sounding name, speaking Hebrew, or having an Israeli accent.
- Be based on perceived Jewish heritage, including assumptions about ancestry, family background, or inherited traits.
- Be based on Israeli citizenship or association with Israel, including bias tied to political beliefs, national origin, or the assumption of shared views due to connection with a Jewish state.
- Different treatment: Treating Jewish or Israeli students differently than their non-Jewish peers, such as giving them lower grades, disciplining them more harshly, denying them membership in a club, or making a Jewish student organization abide by different rules for organizing or protesting than non-Jewish organizations.
- Retaliation: Disciplining a student, treating a student poorly (i.e., giving the student a bad grade), or treating a student differently from their peers because the student complained about antisemitism or advocated for actions to address antisemitism.
Steps to Take if You Believe Your Rights May Have Been Violated
If you believe your rights have been violated, consider the following steps:
- Document the Incident: Record details of the incident, including dates, times, locations, names of the perpetrators (if known), nature of the incident and any witnesses.
- Report the Incident
- To Your University
- Universities are required to have processes in place to address complaints related to discriminatory or bias-motivated harassment, including antisemitic incidents. If there are no consolidated reporting mechanisms, students can instead reach out directly to the Title VI or Title IX coordinator, Dean of Students, the Office of Diversity/Equity/Non-Discrimination or the campus Hillel and/or Chabad.
- When filing a report, include detailed descriptions of the incident, any previous reports made, the impact on your educational experience, and any support you need (i.e., counseling, schedule change, roommate change).
- To ADL:
- Report antisemitic, bias, or discriminatory incidents through ADL's incident reporting form
- If you're a college or university student experiencing antisemitic discrimination, intimidation, harassment, vandalism, or violence, utilize the Campus Antisemitism Legal Line (CALL) for free legal help. Visit the CALL website or text "CALLhelp" to 51555 for legal assistance
- Additional Options:
- Title VI: File a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) within 180 days of the discrimination
- If you feel you are in physical danger, contact 911.
- To Your University