This week’s resolution of a federal investigation into civil rights violations at the prestigious Boston Latin School sets a standard that can be broadly applied to other educational institutions.
With issues of race discrimination at schools and college campuses continuing to make headlines, the investigation by the U.S. Attorney’s Office in Massachusetts should be a wake-up call, reminding schools to take a hard look at their policies and practices for handling civil rights concerns.
In launching the investigation into civil rights violations, the U.S. Attorney’s Office sent a strong message to all public educational institutions that the status quo for addressing racial harassment among students may not be enough under the law. The investigation concluded that Boston Latin School had failed to take seriously reports of racial statements made by students, failed to consistently apply its policies regarding student discipline, and “paid inadequate attention to the school’s overall racial climate.”
The Boston Public School District entered a resolution agreement with the U.S. Attorney’s Office, committing to take proactive measures to address, prevent and respond to instances of racial discrimination and harassment at Boston Latin. Under the agreement, Boston Latin will be required to develop clear policies and procedures to be communicated to students, faculty and staff in mandatory annual trainings. The requirements will remain in place for three full academic years. Moreover, Boston Latin must submit an annual report to the U.S. Attorney’s Office that includes copies of all training materials, records of all complaints and investigations of racial harassment, and the results of an annual survey of racial climate at the school.
The agreement provides insight into the enforcement priorities of the Department of Justice and offers a model for other schools to follow in developing their own policies and procedures. Schools should take the opportunity to internalize the lessons learned by Boston Latin, and treat the steps required by the resolution agreement as a list of best practices for addressing issues of racial harassment. Schools will want to review their policies and practices for handling racial issues, and may want to consider implementing some of the specific actions that will be undertaken by Boston Latin, which include:
Communication with all constituencies is critical in developing any new procedures and policies. Schools should be mindful of taking any steps that would alter the terms and conditions of any unionized employees—including changes in job duties, procedures, and remedial actions—which may have implications for existing collective bargaining agreements. Seeking input from students and parents may also be a productive way to monitor the racial climate of the school and identify effective means to prevent and address racial harassment.
While the resolution agreement with Boston Latin sets no formal precedent and is not binding on any other educational institutions, it indicates the direction the U.S. Attorney’s Office intends to take in future investigations of racial discrimination and harassment in schools. While Boston Latin was commended for its cooperation with the U.S. Attorney’s Office after commencement of the investigation, no school wants to wait for a federal investigation, and the attendant publicity and scrutiny, to address student civil rights issues. Schools would be wise to get ahead of the curve and take proactive measures now to review and strengthen their policies and procedures for protecting students from race-based harassment.
Tim Powell is an attorney with the Massachusetts law firm Bowditch & Dewey, LLP in the Firm’s Labor & Employment and Higher Education practice.
