Attorney General Matthew J. Platkin and Sundeep Iyer, director of the Division on Civil Rights, recently issued a joint statement as students across the state in K-12 schools and on college and university campuses return to school. The statement is printed in its entirety below.
As a new school year begins, we remain committed to ensuring that all our students are able to learn in a safe educational environment free from discrimination. As bias incidents targeting Arab, Israeli, Jewish, Muslim, and Palestinian community members continue to increase, it is critical that our educational institutions comply with their obligations under our state’s civil rights laws. Now more than ever, our educational institutions must play an active role in addressing and preventing bias-based harassment in our K-12 schools and on our college and university campuses.
The New Jersey Law Against Discrimination (LAD) protects all students from discrimination or harassment based on actual or perceived race, color, national origin, ancestry, religion, and other protected characteristics. It also requires K-12 schools, colleges, and universities to proactively address and respond to harassment, including peer-on-peer harassment, that is based on a protected characteristic. Where peer-to-peer, bias-based harassment is sufficiently severe or pervasive that it creates an intimidating or hostile school environment, the school must take immediate action to address the harassment. Ultimately, if a school knows or should know of the harassment but does not take action reasonably calculated to end the harassment and prevent it from reoccurring, the school may violate the LAD.
It is therefore incumbent on our schools to promptly address bias-based harassment and make clear to members of the school community that they do not tolerate bias-based conduct. Other laws, including Title VI of the Civil Rights Act of 1964 and New Jersey’s Anti-Bullying Bill of Rights Act, also require schools to respond promptly to bias-based harassment and other bias incidents at school.
To be sure, nothing in the LAD should be construed as prohibiting educators from continuing to facilitate age-appropriate conversations that are rooted in accurate information. And nothing in the LAD limits the rights granted to students by the First Amendment. In some circumstances, the First Amendment may limit or constrain a school’s authority to discipline a student who engages in protected speech. Even so, the First Amendment does not relieve schools of their obligation to respond to bias-based harassment that creates a hostile educational environment. Schools therefore should take appropriate steps to prevent, address, and remedy bias-based harassment, including by denouncing bias-based speech and reaffirming their commitment to creating a safe learning environment for all students. Schools should also take appropriate steps to ensure that educators are appropriately trained to intervene when biased statements are made; to identify bullying or harassment that triggers a school’s obligations under the LAD or the Anti-Bullying Bill of Rights; to set classroom ground rules that draw appropriate distinctions between critiquing ideas, policies, governments, and leaders on the one hand, and making statements that stereotype, demean, or condemn people based on a protected characteristic on the other; and to promote classroom or campus conversation that avoids stereotypes or tropes that fuel antisemitism, Islamophobia, or other forms of bias.
To assist educational institutions in identifying best practices for preventing bias and responding when bias occurs, the Department of Education and Division on Civil Rights (DCR) issued guidance for K-12 schools, and the Office of the Secretary of Higher Education and DCR issued guidance for colleges and universities. The Division on Civil Rights has also launched a training for K-12 school administrators, educators, and staff on Responding to Bias Incidents in K-12 Schools. We encourage all educational institutions to utilize these resources.
We also strongly encourage students, staff, community members and others to report evidence of discrimination or bias-based harassment to DCR immediately. To find out more or to file a complaint, please go to NJCivilRights.gov or call 1-833-NJDCR4U.
The Office of the Attorney General will soon launch a campaign designed to raise public awareness about bias incidents and bias crimes. The campaign will also include outreach and public awareness efforts on several New Jersey college and university campuses, as well as intensive direct training programs for educators, students and parents in communities most affected by bias incidents.
DCR enforces the LAD, which protects all people from discrimination in New Jersey. No one can retaliate against you for reporting LAD violations, filing a discrimination complaint, or exercising other rights under the LAD.
