The Office of Civil Rights (OCR) of the United States Department of Education, by virtue of its special place within the US Department of Education (ED), is the enforcer ensuring that hate has no place on college and university campuses. OCR applies a series of laws to protect all students from discrimination on, among other things, the basis of race, ethnicity, religion, color, national origin, ancestry, sex (including pregnancy, childbirth or related medical condition), age, disability, medical condition, marital status, genetic information, sexual orientation, gender, gender identity, and gender expression. When it comes to religion, OCR derives authority from Title VI of the Civil Rights Act of 1964 (Title VI) which protects students of any religion from discrimination, including harassment, based on a student’s actual or perceived, “shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity.”
The regulation implementing Title VI, at 34 C.F.R. § 100.3, provides that no person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program to which Title VI applies.