Dear Brown Community Members,

Earlier this week, I shared a communication that provides important information about the University’s Nondiscrimination and Anti-Harassment Policy, a discussion of how discrimination and harassment on the basis of protected class and characteristics are defined, and some examples of behaviors that could constitute discrimination or harassment. I encourage you to review that communication carefully.

Today, I write to provide further information about the federal statute Title VI and the intersection with Brown’s Nondiscrimination and Anti-Harassment Policy. I am also sharing guidance to help our community better understand and comply with this policy, including examples of behavior and actions that would constitute a violation of University Policy.

What is Title VI?

Title VI is a federal law passed as part of the Civil Rights Act of 1964. The statute reads: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

The protections of Title VI extend to an individual’s actual or perceived race, color or national origin. Race, color, and national origin is interpreted to include the country, world region, or place where a person or their ancestors come from, their level of English proficiency, including learning English as a second language, citizenship or residency in a country with a dominant religion or distinct religious identity, their shared ancestry, or ethnic characteristics, including membership in a religion that may be perceived to exhibit such characteristics (such as Hindu, Jewish, South Asian, Muslim, and Sikh individuals). Title VI also extends this protection to individuals who are related to individuals in these protected classes; for example, children of parents who hold citizenship in a country with a dominant or distinct religion are also protected from discrimination.

Brown’s Nondiscrimination and Anti-Harassment Policy incorporates Title VI’s prohibition of discrimination or harassment based on race, color, or national origin—including shared ancestry and ethnic characteristics. The University policy also prohibits discrimination and harassment based on characteristics not addressed by Title VI, including sex, age, religion, disability, veteran status, sexual orientation, gender identity, gender expression, and caste. The intent of Title VI, as well as federal guidance on schools’ obligations under Title VI, guide Brown’s interpretation and application of Brown’s own policy.

As a reminder, Brown’s Nondiscrimination and Anti-Harassment Policy also prohibits retaliation for having made a report under this policy or for participating in a process connected to that report. Retaliation is strictly prohibited, and those found responsible for engaging in such behavior are subject to discipline. Please refer to the Sept. 23 community message for more information.

Guidance Regarding What Constitutes Prohibited Conduct Under University Policy:

While it is not possible to provide a comprehensive and definitive list of behaviors that violates the Nondiscrimination and Anti-Harassment Policy, a determination of whether conduct is prohibited by University policy is based on the totality of the known circumstances. Behavior that constitutes discrimination or harassment is determined on a case-by-case basis. Some examples of behavior that could be found to be discriminatory or harassing are:

• Refusing to work with or allow participation in any activity or organization, including barring entry to an open event or space or refusing to provide a letter of recommendation, based on an individual’s race, color, national origin, actual or perceived shared ancestry or ethnic characteristics, or other protected class.
• Making offensive jokes, engaging in ridicule or mockery, and/or sharing offensive objects or images through social media or other means, based on actual or perceived shared ancestry or ethnic characteristics.
• Racial, ethnic, or ancestral slurs and epithets.
• Derogatory comments or behavior directed toward an individual or groups of people based on their ethnic or religious attire or religious physical practices (such as those related to hair or other aspects of appearance).
• Use or dissemination of stereotypes or tropes about an individual or groups of people based on their protected class, including race, color, national origin or shared ancestry.
• Defacing property, creating images, making gestures, or postings to social media with recognized hate symbols.

It is also important to acknowledge that many members of our community have and are being impacted by local, national, and international events, including national elections, the war and broadening conflict in the Middle East, violence from domestic hate groups, and continued anti-Black and anti-Asian racism, as well as increasing national discrimination against immigrants and migrants. Phrases, slogans, chants, logos, and tropes often have deep historical meaning and can be understood and received differently by different people and groups, and it is important to understand the relevant history and context.

University policy does not inhibit or restrict free expression or exchange of ideas, and the University’s commitment to academic freedom can be found in full in the Faculty Rules & Regulations, Part 5, Section 12.I.C. Speech or expression protected by the University’s statement on academic freedom and freedom of expression are not subject to sanction, unless they rise to the level of harassment or discrimination under Title VI or violate other University policies (e.g., inciting violence or subjecting another person or group to abusive, threatening, bullying, intimidating, harassing or humiliating actions).

Whether a behavior is protected expression or prohibited conduct can depend on a variety of factors, including the totality of the known circumstances. Generally, when expression is broad and not directed at an individual or group of individuals because of their race, color, national origin, or shared ancestry, it may be protected. Expression that harasses or discriminates against an individual or group of people based on their race, color, national origin or shared ancestry, is not protected expression.