An ATIXA Tip of the Week by Mandy Hambleton, M.S., and Natasha Begin, M.Ed.
On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based on shared ancestry.[1] The investigation revealed approximately 140 reported incidents during the 2022–2023 and 2023–2024 academic years, including racist, sexist, anti-Semitic, and anti-Arab graffiti on campus, as well as written and verbal harassment targeting Jewish and Muslim students.
Although OCR noted that the University proactively responded to these incidents through focus groups and climate reports, OCR concluded that the University has not “complied with its Title VI requirements to assess whether incidents individually or cumulatively created a hostile environment for students, faculty, or staff” or taken “steps reasonably calculated to end the hostile environment, remedy its effects, and prevent its recurrence.”
As part of the resolution, the University must appoint a Title VI Coordinator, marking a significant indication to the field that OCR deems such a position to be critically important for schools and institutions. The agreement also mandates the creation of a centralized Civil Rights Compliance Office, another milestone move from OCR. This office will house the Title VI Coordinator, the Title IX Coordinator, and the Civil Rights Investigation Office, to ensure a consistent approach to all civil rights issues, streamline the management of complaints, and improve oversight and resolution procedures. The University must also train employees on Title VI’s obligations to respond to alleged discrimination and how to investigate claims of discrimination.
ATIXA has long advocated for creating a unified, single-policy approach—One Policy, Two Procedures (1P2P)—to address all forms of civil rights discrimination and harassment within educational institutions. This structure ensures compliance, consistency, clarity, and efficiency in managing complaints. A unified compliance office or structure to implement a unified approach to policies and procedures can also benefit many institutions.
Addressing Various Kinds of Civil Rights Complaints Under the Same Policy
ATIXA prioritizes applying the same due process and resolution standards to all protected characteristics, as schools and institutions are now accustomed to doing with sex-based Title IX complaints, even when not explicitly outlined by federal law. Our 1P2P model policy is designed to protect all students and employees and address all forms of harassment and discrimination based on protected characteristics such as sex, race, religion, ethnicity, age, and disability. It is premised on the notion that it would be hard to explain significant variations in the way a single institution chooses to address the variety of forms of discrimination. Moreover, treating these issues differently may create, or appear to create, a hierarchy among protected characteristics.
Although the 2020 Title IX Regulations mandate live hearings for Title IX sexual harassment complaints, sex discrimination and other civil rights complaints can be resolved without a live hearing. The 1P2P model accommodates this distinction with two tailored resolution pathways: one procedure specifically incorporating live hearings for Title IX sexual harassment complaints and another process for all other civil rights complaints, unless an institution prefers to subject all complaints to a live hearing, which 1P2P can also support.
One key advantage of this approach is the management of intersectional complaints, eliminating the need to navigate separate processes or split complaints—such as race-based concerns under Title VI and those that are disability related under ADA/Section 504. Another benefit is the ability to cross-train staff to manage all complaints, maximizing school and institutional personnel time and training resources for investigators and decision-makers for Title VI, Title VII, Title IX, and ADA/Section 504 complaints. This flexibility is invaluable when complaint volumes fluctuate. With a single policy and consistent procedures, your team can address any complaint promptly, thoroughly, and impartially. For example, if Title IX complaints surge, cross-trained staff can step in without requiring additional staffing or experiencing significant delays.
Staffing a Comprehensive Civil Rights Team
OCR resolution agreements increasingly emphasize prevention and training beyond Title IX and Clery Act requirements, extending to Title VI and ADA/Section 504. Many of these responsibilities were previously fulfilled, at least in part, by DEI staff that may have been reduced, redirected, or eliminated as a result of state and national mandates. Even if DEI initiatives are prohibited, civil rights compliance requirements remain and necessitate targeted prevention and training. Ensuring compliance with these expectations strengthens your school or institution’s ability to support diverse communities and meet evolving campus needs.
To effectively manage civil rights compliance at your school or institution, we recommend assembling a team that includes the following key roles:
- ADA/504 Coordinator
- Title VI Coordinator
- Title IX Coordinator
Although the Chief Human Resources Officer also usually fulfills the equivalent responsibility of a Title VII Coordinator informally, institutions should consider whether a formal responsibility as Title VII Coordinator makes sense in the context of overall unification, collaboration, and coordination of similar functions.[2] Whether the above bulleted responsibilities are consolidated under a single individual or distributed across a dedicated team, integrating them into a clear procedural framework is essential.
Better Insulation Against OCR Investigations and Litigation
Many schools and institutions lack a dedicated Title VI process, leaving critical gaps in their ability to effectively address discrimination. As we see in the University of Washington agreement and a dozen others recently publicized by the Department of Education, OCR is paying attention to Title VI, particularly as complaints based on shared ethnic characteristics, shared ancestry, and race-based discrimination at schools and institutions are on the rise.
Through our work with clients, we have seen the challenges many schools and institutions face in becoming fully compliant with the 2020 Title IX Regulations. Some fail to address complaints promptly or lack the policies, training, or personnel to resolve complaints effectively. OCR is closely monitoring these lapses and expects swift corrective action. If your school or institution is not Title IX compliant, particularly as Title VI gains attention, you may face intense scrutiny. Implementing a unified policy like 1P2P can minimize litigation risks, and more effectively share resources, thereby preventing claims of unequal due process. At the very least, considering decisions like the University of Washington’s as roadmaps for future restructuring would help to ensure enhanced alignment with OCR requirements and expectations.
ATIXA provides expert consulting to help schools address OCR complaints and compliance challenges. Navigating Title VI complaint responses is increasingly complex for schools and institutions. With our experience in complaint response, we offer insights and strategies to strengthen your approach. If your school faces an OCR complaint or investigation, we can guide you through every step.
How Can I Train on Civil Rights Compliance?
If your school or institution already has a robust policy and process framework and comprehensive staff training, you’re on the right track. Investing in these training opportunities will enhance compliance and build a stronger foundation for equitable practices across your school or institution.
We recommend starting with ATIXA’s Civil Rights Fundamentals for Educators eTraining, a 90-minute virtual course that provides a background of civil rights law and its implications for educational settings.
For those seeking training in investigation frameworks adaptable to all civil rights complaints, including Title VI, Title VII, Title IX, ADA, and Section 504, we recommend:
- Investigation Foundations for Higher Education, a certification course that teaches customizable concepts and models to broaden practitioners’ investigative skill sets.
- Title IX Investigator Foundations for K-12 Education provides K-12 investigators with the complete foundational training needed to understand the investigation process under Title IX, which can also be applied to complaints under other civil rights laws.
- Investigating Sex/Gender Discrimination & Disparate Treatment Workshop, a four-hour training focused on the investigative process for non-violent, non-harassment behaviors prohibited by Title IX. Often overlooked as a result of the wording in the 2020 Title IX Regulations, these complaints—of discrimination and disparate treatment—require a unique approach. The process is also applicable to complaints based on other protected characteristics, providing a versatile investigation framework.
For those seeking to enhance their expertise in Title VI compliance and response, ATIXA offers these training opportunities:
- Title VI Compliance Foundations for Educational Settings focuses on ensuring compliance with Title VI through effective policy development and enforcement. Key topics include the scope of Title VI, considerations for a Title VI Coordinator role, strategies for ensuring compliance, the role of OCR, complaint resolution procedures, and insights from recent OCR resolution agreements.
- Free Speech and Responding to Protests and Activism in Educational Settings offers strategies for considerations for policy development and implementation, strategies for managing protests and addressing hate speech and harassment. This training equips practitioners to proactively establish protest and activism guidelines and support, respond effectively to disruptions, address Title VI discrimination complaints equitably, and navigate legal obligations.
- For schools and institutions seeking specialized Title VI training, we offer customized Title VI consulting and training services tailored to meet the unique needs of faculty, staff, and administrators. While there are many similarities between Titles, there are also unique differences and nuances between them that must be understood and respected.
If you’re looking for an intensive program to enhance your expertise in disability compliance, we highly recommend the ADA & Section 504 Compliance Focus Week. This program offers essential resources to help prevent discrimination and ensure your academic institution remains equitable, inclusive, and safe for everyone.
Can ATIXA Simplify and Improve My Institution’s Policies?
ATIXA offers comprehensive yet straightforward program and policy reviews and climate surveys tailored for schools and institutions of all sizes. For a compliance program policy review, our consultants provide actionable recommendations to streamline and enhance your policies and procedures. We specialize in implementing and customizing our 1P2P model, operationalizing your policy, securing stakeholder approval, and ensuring your school or institution policy is compliant with all state and federal laws and regulations while taking care to uphold your unique school or institution’s vision and values. Contact our team today for a snapshot assessment of where your program is and where it needs to go.
Interested in learning more about ATIXA’s 1P2P? Watch our publicly available recording Time with IX: Implementing the One Policy, Two Processes (1P2P) Model Policy.
[1] Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance.
[2] Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin.