As civil rights compliance becomes increasingly complex and federal scrutiny continues, colleges and universities should consider reevaluating having separate approaches to handling complaints of Title IX (sex discrimination and harassment) and Title VI (race, color, national origin, and shared ancestry discrimination and harassment).

While Title IX has more specific regulatory requirements than Title IX, laws and guidance in many states and recent federal guidance indicate that a response to Title VI issues using the Title IX model is generally favored as it offers increased process and uniformity. As a result, many colleges and universities have moved toward an integrated civil rights response model that unifies reporting, policies and procedures, investigations, and supportive measures for students, faculty, and staff that have experienced discrimination or harassment.

Below are some pros and cons to such an approach, and practical tips to guide implementation of a more uniform process:

Pros of an Integrated Response Model

• Consistent Policies and Procedures: Promotes equitable treatment for students, faculty, and staff that have experienced discrimination or harassment based on a protected class.

• Streamlined Case Management: Eliminates duplicative efforts and ensures all reports and complaints are handled according to standardized protocols.

• Coordinated Support: Provides parties with more comprehensive resources and clearer communication, including access to supportive measures and guidance throughout the complaint process.

• Improved Compliance: Facilitates monitoring of trends, documentation, and generation of reports for internal audits and in response to federal enforcement actions.

• Proactive Risk Management: Positions institutions to respond effectively to inquiries or investigations from OCR and proactively identify areas for improvement.

• Cross-Team Benefits: Equips teams in civil rights offices, student affairs, and HR to address intersectional issues and respond to the full spectrum of civil rights complaints with expertise and sensitivity.

Cons of an Integrated Response Model

• Resource Demands: Revising policies and procedures, consolidating offices, and retraining staff requires time and financial resources.

• Risk of Overshadowing Unique Issues: Title IX and Title VI each present distinct legal requirements. Combining responses may inadvertently diminish or, in the alternative, overemphasize the focus on certain issues.

• Change Management: Transitioning to a unified model can encounter resistance from stakeholders accustomed to the existing structures, such as students. Effective communication and leadership are vital to managing concerns and ensuring buy-in.
• Potential Bottlenecks: Centralization can create bottlenecks or delays, especially if the centralized office is understaffed or overwhelmed by high caseloads, impacting timely investigations and resolutions.

Institutions should weigh these considerations carefully when designing and implementing an integrated civil rights response.

Practical Steps for Implementation

If a college or university decides to integrate its Title VI and Title IX policies, procedures, and teams, transitioning to this model requires careful planning.

Institutions should begin by assessing their current policies and procedures to identify differences, gaps, and areas of overlap. Policies and procedures will need to be revised and consolidated under this model.  Legal counsel should be engaged to ensure that the updated policies and procedures comply with Title VI, Title IX, state law, and best practices.

Creating a unified office, such a Civil Rights office or Office of Equal Opportunity, helps promote efficiency and accountability in this model.  Ongoing staff training is essential, not only to ensure legal compliance but also to ensure a consistent approach to investigations and support services.

Institutions should also invest in clear, proactive communication with students, faculty, and staff to build trust and transparency around the new model. This includes updating websites, hosting informational sessions, and providing accessible channels for reporting concerns.

How Hunton’s Higher Education Team Can Help

Hunton’s higher education team has help many colleges and universities consider the benefits and downsides of consolidating their civil rights compliance.  If an institution wants to move towards an integrated model, we can assist with policy and procedure review and development, ensuring your procedures comply with federal and state requirements and reflect best practices. Our team also provides customized training for administrators, investigators, and hearing officers, equipping them with the tools needed to navigate complex cases and regulatory changes.

For advice on your institution’s Title IX and Title VI policy and processes, please contact your Hunton lawyer.