Charleston Leader

U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS), introduced the Restoring Civility on Campus Act this week. The legislation aims to ensure universities and the U.S. Department of Education (Education) promptly address civil rights complaints when a student experiences violence or harassment on campus due to their heritage. This initiative was led by U.S. Senators Bill Cassidy, M.D. (R-La.) and Joni Ernst (R-Iowa).

"Every student should be able to live on campus safely and free from intimidation, harassment, or violence," Ranking Member Capito stated. "Unfortunately, we have seen the Department of Education fail to ensure that students, particularly Jewish students, are kept safe by the institutions they have entrusted with their education. The Restoring Civility on Campus Act forces the Department of Education and university administrators to take a more active role in ensuring every student is protected on campus."

Under Title VI of the Civil Rights Act of 1964, Education's Office for Civil Rights (OCR) is responsible for ensuring university programs or activities receiving federal funds do not discriminate against students based on their shared ancestry or ethnic characteristics.

Last year saw a 700% increase in anti-Semitic incidents on campuses. Schools failing to address harassment and violent confrontations involving Jewish students violate Title VI. OCR has been criticized for its poor track record in processing civil rights complaints promptly and effectively.

Colleges must already publicly report crimes through the Clery Act, including hate crimes motivated by prejudice. These reports are vital for prospective families evaluating campus safety but are often inaccurate regarding serious crimes.

The Restoring Civility on Campus Act mandates that OCR initiate immediate investigations into civil rights complaints involving alleged discrimination based on shared ancestry or ethnic characteristics from October 7, 2023.

It also increases transparency for students reporting antisemitism by requiring OCR to update them on their case status at least every 30 days and disclose disciplinary proceedings results.

To ensure accurate reporting of hate-motivated crimes and strengthen OCR’s enforcement of Title VI:

- The act requires Education to conduct Annual Security Report audits for documented campus crimes motivated by prejudice at institutions with pending Title VI complaints.

- Temporarily increases fines for schools failing to disclose antisemitism-motivated crimes in Annual Security Reports from $69,733 per violation to $1 million over two years.

For accountability over university and agency officials:

- Education staff must either work in-person or be onsite at college campuses for expedited evaluation of OCR complaints.

- University presidents or chancellors must meet with OCR investigators regarding Title VI complaints.

The act also requires public reporting on OCR cases involving alleged discrimination based on shared ancestry or ethnic characteristics within 30 days following case opening. These reports must be updated every 30 days over two years and include findings, determinations, similarities between complaints indicating national trends, security concerns such as violations of time/place/manner policies, criminal charges status or campus disciplinary procedures allegations of retaliation; identification strategies ensuring safe operation of colleges/universities.

Full text of the bill can be found here.

A full timeline of Senator Capito’s efforts in this space can be found here.

# # #