What is a racially hostile environment?
A racially hostile environment may be created by oral, written, graphic or physical conduct related to an individual’s race, color, or national origin that is sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the recipient’s programs or activities. Federal civil rights laws are intended to protect students from discrimination, not to regulate the content of speech. OCR is sensitive to First Amendment concerns that may arise in the course of addressing racial harassment complaints and takes special care to avoid actions that would impair the First Amendment rights of an institution’s students and employees. What are the responsibilities of schools and colleges? Prohibited discrimination occurs when a recipient condones, tolerates or allows a racially hostile environment that it knows about or when recipient’s employees treat students differently because of their race.
A racially hostile environment may be created by oral, written, graphic or physical conduct related to an individual’s race, color, or national origin that is sufficiently severe, persistent or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the educational programs or activities.
