What to Do When You Have Been Ghosted by OCR

Many districts and institutions are finding themselves wondering what to do in response to an ongoing investigation by the Office for Civil Rights (OCR) within the Department of Education (ED). After what seems like a lengthy investigation or resolution process, many schools are dealing with unanswered emails and phone calls to OCR.

According to an article from ProPublica, over 10,000 complaints are on hold after the Trump administration’s focus shifted to (1) eliminating gender-neutral bathrooms, (2) banning transgender athletes from participating in women’s sports, and (3) addressing antisemitism or discrimination against white students. This focus shift leaves many emails and calls about other types of open cases (i.e., race, religion, national origin, and disability discrimination) unanswered. So, what does this mean for all of us waiting to move those cases along and provide resolution for students? While there are no clear answers to address the current state of OCR, there are responsibilities that remain to ensure all students have access to education free from discrimination.

Here are 5 quick tips to guide those in flux:

1. Be transparent. If there was ever a time of uncertainty within the ED, it is now. We must be transparent with our students and school community about the “we don’t know” factor. Answer questions and put them at ease and know they are not being ignored.

2. Address immediate needs. Your hands should not be tied when it comes to providing support. Meet with the students and determine what is necessary for them to access their educational opportunities and find creative ways to assist them.

3. Stop the harassment. Meet with the complainant to determine what is necessary to make them feel safe. Take action that addresses and ends the alleged harassment.

4. Provide education around reporting and addressing harassment. Review your policies and procedures to determine if they are providing the best avenues for reporting complaints and whether complaints are being investigated properly. Your staff should be trained on how to respond to and address Title VI and ADA complaints. Your students should be trained to understand what harassment includes and how to report any barriers to their access.

5. Conduct an audit of complaints. Determine if a certain school in your district or a sector of your college has multiple complaints that point to a significant issue where targeted education is necessary.

There is never a wrong time to do the right thing. Regardless of whether you are in the middle of an investigation with OCR, you can take action to stop harassment and address its effects. Protecting student access is the mission for us all which means that even if the process halts, we must continue with providing support to our students. ICS is always here to support you in this endeavor! Check out our listings of upcoming trainings, or contact us for more information on ways we can support you.