Title VI prohibits discrimination on the basis of race, color, or national origin in programs or activities that receive federal financial assistance.
All educational institutions, including pre-K, elementary, and secondary public schools and school districts, and public and private colleges, universities, and other postsecondary institutions that receive federal financial assistance, are required to comply with Title VI.
Title VI’s protection from race, color, and national origin discrimination extends to students who experience discrimination, including harassment, based on their actual or perceived:
- (i) shared ancestry or ethnic characteristics; or
- (ii) citizenship or residency in a country with a dominant religion or distinct religious identity.
NSCC interprets Title VI to mean that the following type of harassment creates a hostile environment: unwelcome conduct based on race, color, or national origin that, based on the totality of circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a school’s education program or activity.
Things to remember:
- Harassing conduct need not always be targeted at a particular person in order to create a hostile environment for a student or group of students, or for other protected individuals.
- The conduct may be directed at anyone, and the harassment may also be based on association with others of a different race (the harassment might be referencing the race of a sibling or parent, for example, that is different from the race of the person being harassed whose access to the school’s program is limited or denied).
- A hostile environment may take the form of a single victim and multiple offenders.
- Whether harassing conduct creates a hostile environment must be determined from the totality of the circumstances.
- Relevant factors for consideration may include, but are not limited to, the context, nature, scope, frequency, duration, and location of the harassment based on race, color, or national origin, as well as the identity, number, age, and relationships of the persons involved.
- Generally, the less pervasive the harassing conduct, the more severe it must be to establish a hostile environment under Title VI. For example, in most cases, a single isolated incident would not be sufficient to establish a Title VI violation. However, in some cases, a hostile environment requiring appropriate responsive action may result from a single severe incident.
When determining if conduct meets the threshold for action under Title VI, NSCC evaluates the conduct from the perspective of the student who is allegedly being harassed and from the perspective of a reasonable person in that student’s position, considering all the circumstances.
In order to create a hostile environment, the harassing conduct, which may include speech or expression, must be so severe or pervasive that it limits or denies a student’s ability to participate in or benefit from the school’s program or activity.
Employees may also be subjected to conduct that falls under Title VI. NSCC uses the same evaluative methodology to determine if conduct meets the threshold for resolution using the same framework as noted about for students.
The College may not discriminate against any person, including treating a person differently based on their actual or perceived race, color, or national origin, including shared ancestry or ethnic characteristics (including being Jewish, Arab, Roma.) NSCC may not deny opportunities, educational services, benefits, or opportunities to any person because of these protected classes.
NSCC will accept and investigate allegations of racial, religious, or ethnic harassment or harassment based on color and national origin or intimidation against any student, staff, or faculty member in accordance with the procedures set forth in 3358: 14-3-19 Equal Opportunity and Non-Discrimination/Anti-Harassment.
To make a report, contact:
Vice President – Human Resources & Leadership Development
humanresources@northweststate.edu
Anonymous reports may be submitted by filing out this form.
Type “anonymous” in the name field. The full address to the form is as follows: https://cm.maxient.com/reportingform.php?NorthwestStateCC&layout_id=0