US Department of Education’s Office for Civil Rights resolves complaint against the University of Cincinnati alleging shared ancestry discrimination
The U.S. Department of Education’s Office for Civil Rights (OCR) has secured a resolution agreement from the University of Cincinnati to ensure its compliance with Title VI of the of the Civil Rights Act of 1964 (Title VI) when responding to allegations of discrimination or harassment, including based on shared Jewish, Muslim, Palestinian and Arab ancestry.
OCR reviewed documentation from the university that showed the university had notice of approximately two dozen reports of alleged harassment based on shared Jewish ancestry, as well as Palestinian ancestry, during the 2023-2024 academic year. Based on this university documentation, as well as interviews with university staff and students, it appears that the university repeatedly misapplied applicable law when responding, or more routinely declining to respond, to reports of shared ancestry harassment it received.
For example, the university declined to take any responsive steps when it received notice of a registered student organization’s social media advertisement of a “Spooky Zionist”-themed meeting on the ground that the posting was permissible under the university’s free speech policy.
While the university may not discipline speakers for protected speech, Title VI requires that recipients take other steps as necessary to ensure that no hostile environment based on shared ancestry persists and to provide and preserve equal access for students to its programs and activities; the university should have evaluated whether any such steps were necessary in this instance and others.
In addition, the university appeared to operate under the mistaken understanding that if a complainant could not identify a perpetrator by name; the conduct was not directed at a specific individual; the conduct involved multiple perpetrators or a registered student organization; or the conduct occurred off campus, the university did not have an obligation to address alleged harassment.
As a result, when a law student reported allegedly antisemitic comments made at a student senate meeting, and could only provide one perpetrator’s name, the university closed the matter without responsive action. Likewise, the university received multiple reports of vandalism targeted at a Jewish student, including that his door had been “defaced because of his Jewish faith and identity,” his home had been egged, and feces had been smeared around the home, but university records showed that the university did not assess whether a hostile environment existed for this student or any other affected student.
OCR’s investigation also raised concerns that university practices did not appear designed to remedy any hostile environment resulting from shared ancestry-based harassment.
For example, after a Palestinian student reported to the university that she and others had received death threats and thus planned to cancel their student organization’s next meeting, the university referred the matter to the university’s police department, which only offered the student security services for their next meeting and rally. Even after the student’s professor reported the threats on her behalf, the university only asked the student how she was doing, and then offered the student advice, months later, such as that she should be drinking water and getting rest, and did not investigate the matter or otherwise take steps to address the effects of the alleged harassment.
To resolve the Title VI concerns OCR identified during its investigation, the university has committed to:
• Reviewing case files for each report of discrimination and/or harassment on the basis of shared ancestry during the 2022-2023 and 2023-2024 school years to determine whether any conduct created a hostile environment and whether any further action is needed to provide a prompt and effective response to each incident.
• Reporting to OCR on the university’s responses to reports of discrimination, including harassment on the basis of shared ancestry, during the 2024-2025 and 2025-2026 school years.
• Revising as necessary university policies and procedures to ensure that they adequately address the Title VI prohibition on discrimination based on race, color, and national origin, including discrimination based on a student’s actual or perceived shared ancestry or ethnic characteristics.
• Notifying the university community of the appropriate contact information for individuals at the university to whom students or staff may report allegations of harassment based on race, color or national origin and that the university will take responsive action.
• Training employees, including university law enforcement, regarding the university’s obligations under Title VI to respond to alleged discrimination, the individual employee’s role in discharging these obligations, and university policies and procedures. And,
• Administering a climate assessment for students and employees to evaluate the extent to which students and/or employees are subjected to, or witness discrimination and harassment based on race, color, and national origin, including discrimination based on actual or perceived shared ancestry or ethnic characteristics. The university will use the results of such assessments to identify responsive steps for OCR’s review and approval.
“The commitments the University of Cincinnati made today position the university to turn an important corner in effectively protecting civil rights for students who have suffered some egregious harms. OCR looks forward to working with the university on its responses to notice of discrimination based on shared ancestry so all students at the university have a safe learning environment,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.
The resolution letter and resolution agreement are available on the Office for Civil Rights website.
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