Civil rights attorney explains how Title VI complaints work

Tampa Bay Students for a Democratic Society filed a Title VI complaint, claiming discrimination and retaliation at USF. ORACLE GRAPHIC/TONI PHAN

Almost a year and a half since protests in support of Palestine sparked at USF, some are calling the university’s actions into question.

Tampa Bay Students for a Democratic Society (SDS) members filed a civil rights complaint against USF. Their complaint details instances going back to October 2023.

Title VI of the Civil Rights Act of 1964 “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.”

SDS’s complaint describes a “hostile learning environment” at USF, involving differential treatment and retaliation against Palestinian, Arab and Muslim students, as well as those associated with them.

Here’s what a Title VI complaint process looks like.

Students may first submit a complaint to the institution where the discrimination occurred, said Nichelle Womble, an attorney at Amethyst Law Group with experience in civil rights.

“If a university gets wind that there’s any type of discrimination or potential Title VI violations, they need to do an investigation to find the root of the problem and try to find a resolution,” Womble said.

USF students can file a Title VI report through the Student Equal Opportunity Office

SDS submitted three separate complaints through the equal opportunity complaint form but received no response from the administration, according to the complaint.

Then, if the complainants are not satisfied with how the university resolves the issue, the complaint can be submitted to the Office for Civil Rights (OCR) at the Department of Education, Womble said.

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The OCR then investigates and determines whether the recipient failed to comply with the law, as outlined in the Department of Education’s complaint processing procedures.

If a violation is found, the recipient works with the OCR to create an agreement to resolve the issue. Alternatively, both parties may work together towards a resolution, according to the Department of Education. 

SDS’s complaint proposed several remedies, including reinstating the organization, requiring staff training on anti-Palestinian discrimination and providing mental health support for Palestinian students and community members.

USF spokesperson Althea Johnson said USF does not tolerate discrimination or harassment. 

“We continue to encourage anyone who experiences or witnesses such behaviors to immediately report them to university police or the appropriate university department for prompt review,” Johnson said.

Johnson said policies such as Policy 0-007 ensure USF’s compliance with Title VI and other regulations. 

Policy 0-007 prohibits actions such as unwelcome physical contact or the targeting of individuals based on characteristics such as race, gender, religion or disability at USF.

Womble said if a school was aware of the issue but did not take the necessary steps, the affected party may pursue a state-level negligence claim along with the complaint. 

In such claims, the affected party must show that the defendant had a duty to act with care toward the other party and caused harm by not fulfilling that duty, according to the Federal Law Enforcement Training Centers.

“If you go to trial, the jury decides whether or not there were violations,” Womble said. “Once that’s determined, the amount you’ll be awarded in damages is decided.”

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Better training for staff on discrimination and related issues can help diminish violations and prevent future complaints, Womble said. 

“It’s important to train staff on the climate of the world today because while discrimination and racism have always existed, they evolve,” Womble said. “There’s new ways that people are exuding racism or showing discrimination.”

Womble said staff should undergo training every few months to ensure they have the necessary resources to effectively address discrimination situations.

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Womble said students of any university who feel discriminated against should “speak up.”

“Don’t hold back, don’t hide in the shell, because even if you don’t know if it’s happening to you, there’s potential that it might be happening to someone else around you,” Womble said. “Never be afraid to talk about it.”