On June 25, the Department of Education’s Office for Civil Rights (OCR) issued a Title IX press release announcing it found the California Department of Education (CDE) and California Interscholastic Federation (CIF) in violation of Title IX. The violation is for failing to “ensure equal opportunities for girls” in athletics by allowing male athletes to participate in girls’ sports and access girls’ intimate spaces.

Here is where things get interesting: CDE and CIP have not signed a resolution agreement yet. In fact, OCR issued the press release and laid out the six terms of the proposed agreement before securing their signatures. This may be part of a new more aggressive enforcement strategy from OCR: issuing a resolution agreement of its own terms and threatening referral to the Department of Justice (DOJ) if the parties do not agree to the terms.

The proposed terms from OCR include:

• Restoration of individual records, titles, and awards to female athletes “misappropriated by male athletes.”
• A personal apology letter to each affected female athlete from the State of California.
• Oversight and compliance measures that put pressure on CDE to hold local districts accountable.

The press release also cites the recent Supreme Court decision to uphold Tennessee’s ban on gender-affirming medical care for transgender minors.

CDE and CIF have 10 days to sign the agreement. This move sidesteps OCR’s own Case Processing Manual which typically allows 90 days for negotiations.

This is not the only time we have seen OCR skip former procedural norms under the current administration. In another recent case, OCR referred the New York Department of Education and State Board of Regents to DOJ over its ban on school mascots and logos honoring Native American history.

Tuesday Takeaway: Fast-moving, public-facing enforcement is creating both operational and reputational risks for schools, and districts. In particular, transgender participation in athletics, gender-based policies, and how “equity” is defined in practice are under scrutiny.

Here are some things you can do:

• Train your Title IX team and athletic staff. ICS offers on-demand training as well as in-person and virtual Title IX Refresher trainings this fall. Make sure you are well-trained on the 2020 Title IX regulations.
• Prepare for quick action and response. With OCR making moves before agreements are signed, you need a plan for how your school or district will handle complaints, media inquiries, and internal messaging.
• Review your policies. If your Title IX or athletic policies are outdated or just unclear, ICS can support you with a policy review or a fully-customizable Policy Blueprint for K-12 or Higher Ed.
• Do your best to stay informed on current trends. ICS’ fall training calendar includes Title IX and Title VI trainings for both K-12 and Higher Ed. Receiving training is one of the best ways to stay current.

This OCR press release is not just about California. It is a signal to every state, school, and district that the focus within OCR is changing and fast. Be proactive now.

New Week, New Title VI Violation

Additionally, yesterday the administration issued a Title VI violation finding related to shared ancestry harassment against Harvard University. This is from the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) versus the Department of Education’s OCR. There are many noteworthy matters from this finding:

• Similar to other administrative findings, the administration published the findings without a signed agreement from the University.
• The findings rely heavily on external sources such as news reports and Harvard’s Antisemitism Task Force report, rather than an administrative agency investigation.
• HHS OCR concluded the University was deliberately indifferent in the face of severe, pervasive, and objectively offensive harassment. Specifically, it found that the University:
  • failed to establish clear policies, procedures, and practices for reporting antisemitism;
  • failed to implement uniform disciplinary consequences for antisemitic behavior;
  • failed to implement its time, place, and manner restrictions consistently.

It also notes significant delays by the University in updating its policies and procedures and rolling out Title VI training to the community. This letter provides a roadmap for schools building a Title VI infrastructure.

Tuesday Takeaway: Don’t wait on Title VI.

Harvard’s case sends a clear message to institutions: delays in updating policies, enforcing rules, and educating your campus community can be interpreted as deliberate indifference under Title VI.

OCR is making public findings that reflect institutional inaction, and holding schools accountable based on external reporting and internal assessments.

Here is what you can do now:

• Start or accelerate your Title VI work. A great place to start is your policy. ICS will offer a Policy Blueprint that can help you build or strengthen your Title VI foundation. Contact us if you want access to that customizable blueprint.
• Train your community on Title VI. Do not delay rollouts! Our fall Title VI trainings (virtual and in-person) will help your team, faculty, and staff to be equipped to respond to prohibited conduct.
• Review your enforcement practices. OCR is looking closely at how discipline is applied and whether it is consistent. We can support you in aligning policies and procedures to meet that expectation.
• Pay attention to perception. Even if your intentions are good, OCR may rely on task force reports, media coverage, or internal delays to determine how you are viewed by your community.