Protecting Students From Bullying Or Harassment

A priority of the United States Attorney’s Office for the District of Colorado (USACO) is protecting the civil rights of all people, including students.  USACO is putting a spotlight on the civil rights laws that protect students and families from bias-based bullying and harassment.

Bullying or harassment based on a student’s race, national origin, color, sex, disability, or religion can severely impact students’ educational experiences.  Schools have a responsibility to take steps to prevent and stop these incidents.  Recently, Acting United States Attorney for the District of Colorado Matt Kirsch and Deputy United States Attorney Andrea Wang discussed what the office is doing to combat bullying in schools.

Deputy U.S. Attorney Wang: Now that the school year is underway, let’s remind students and schools about their rights and obligations.  Can you tell us about what school districts are required to do to stop bias-based bullying or harassment?

Acting U.S. Attorney Kirsch: When schools and districts, including school faculty, staff, and administrators, become aware of harassment because of race or national origin that creates a hostile environment for students, they have an obligation to do three things: end the harassment; eliminate the effects of the harassment on students and the school environment; and take steps aimed at preventing future harassment.

Deputy U.S. Attorney Wang: If our office receives complaints about bullying or harassment what does that mean for individual students?

Acting U.S. Attorney Kirsch: When we receive a complaint about bullying or harassment based on race or national origin and we open a civil investigation, our enforcement focus is on the actions and responses of schools, school officials, and school districts when they know or should know about bias-based harassment and bullying occurring within their schools.  Any criminal investigation of individuals under federal hate crimes laws would be a separate matter.

Deputy U.S. Attorney Wang: Let’s talk about what parents can do if they believe their child is being bullied or harassed at school.

Acting U.S. Attorney Kirsch: The first thing parents should do is make sure that the bullying and harassment is reported to school officials, including details about the incident(s).  As stated above, schools have an obligation to end the harassment or bullying, and they should be taking steps to do that once a parent or student makes a report.

Deputy U.S. Attorney Wang: Where can parents and students learn more about their rights and what is considered bias-based harassment?

Acting U.S. Attorney Kirsch: The Civil Rights Division of the Department of Justice and the U.S. Department of Education, Office for Civil Rights, have issued several publications on bias-based harassment:

Fact Sheet: Confronting Discrimination Based on Religion in Schools

Fact Sheet: Confronting LGBTQI+ Harassment in Schools

Fact Sheet: Combating Discrimination Against AANHPI and MASSA Students

U.S. Department of Education Resources on Harassment, Bullying, and Retaliation

Deputy U.S. Attorney Wang: Where can parents report these kinds of issues?

Acting U.S. Attorney Kirsch: To report a possible civil rights violation to the U.S. Attorney’s Office for the District of Colorado, you can send an e-mail to usaco.civilrights@usdoj.gov, or call (303) 454-0285. You can also find an optional complaint form and information about other civil rights laws we enforce on our civil rights webpage at www.justice.gov/usao-co/civil-rights-enforcement.