As OCR explains, “by limiting its response to a specific application of its anti-bullying disciplinary policy, a school may fail to properly consider whether the student misconduct also results in discriminatory harassment.” This letter makes clear that school districts must investigate student misconduct in accordance with all school policies, which may include bullying, as well as sexual harassment (Title IX), racial discrimination (Title VI) or disability discrimination (Section 504 of the Rehabilitation Act), for example. The letter includes several hypothetical scenarios outlining situations where policies other than anti-bullying may be implicated. Click here to read the letter in its entirety.
