Portland State University is facing a federal investigation into possible civil rights violations

Portland State University’s response to the appearance of anti-Palestinian fliers in a campus building over the summer may have been a violation of Title VI, a section of federal civil rights law that protects students from discrimination based on race, color or national origin.

PSU was notified on August 15 that the U.S. Department of Education’s Office for Civil Rights had done so an investigation has been initiated in the summer incident.

In July and early August of this year, posters with anti-Islam and anti-Palestinian phrases and photos appeared in PSU’s Cramer Hall. Several fliers were posted on the front doors of the building overlooking Southwest Broadway.

“There were cases where leaflets were posted more than once a day, so people took them down [the fliers] “The numbers have gone up again,” said Stéphanie Wahab, a professor in the School of Social Work at Portland State University. “The posters were incredibly racist against Palestinians.”

Wahab, PSU faculty member and staff member for Justice in Palestine, said the university took too long to address the situation and alert the broader campus community. Wahab said it was individual students and faculty who removed most of the offensive posters.

More than a month later, on Sept. 13, Portland State President Ann Cudd addressed the incident in a blog post.

“The content of the leaflets was derogatory and disgusting. They were removed as soon as they were discovered and reported to the Office of Equity and Compliance, which conducted a comprehensive investigation in collaboration with Facilities and the Campus Public Safety Office,” Cudd said in the post. “The responsible individual has been identified and the university has taken appropriate action to address the misconduct.”

In an emailed statement, a PSU spokesperson said the university treats all bias incidents with the utmost seriousness and recognizes that these actions harm the community and are contrary to Portland State University’s core values ​​of inclusivity and respect .

The university said it was cooperating with federal investigators.

What is Title VI?

Title VI is a central part of the Civil Rights Act of 1964.

“It was the part of the law that dealt with education and prohibited discrimination based on race, color, national origin, common ancestry and ethnic characteristics,” said Paula A. Barran, partner and chair of higher education at the Portland-based Barran Law Firm Liebman LLP. “Title VI was a great educational equalizer in terms of nondiscrimination.”

Any higher education institution that receives federal financial aid such as Pell Grants or federal student loans must comply with Title VI. To comply with this law, K-12 schools, colleges, and universities must address all discriminatory incidents in a timely manner and take steps to prevent a similar incident from occurring again.

Several colleges and universities across the country have been affected by Title VI investigations over the past year. The Department of Education’s Office for Civil Rights has opened more than 90 investigations into Title VI national origin discrimination in postsecondary schools across the United States. The vast majority of these cases began after October 7, 2023, when Hamas’s attack on Israel sparked an ongoing war that continues to this day. Thousands have been killed, most of them in Gaza.

Barran said the increase in Title VI cases last year is not surprising.

“I think we’re seeing more now because of what’s happening in the Middle East and the very strong feelings that a lot of people in this country have on one side or the other,” Barran said. “There is a war going on and a lot of people are dying, so passions are high and they are being acted out.”

Portland State is the only school in Oregon with an open Title VI case.

The many protests at universities over the Gaza war last school year also led to an increase in anti-Semitism and Islamophobia, including at PSU. The Demonstrations and occupation The founding of the Branford Price Millar Library at Portland State University this spring left many faculty, staff and students deeply divided. People of both Jewish and Palestinian descent came forward They didn’t feel safe on campus.

A press release of the Council on American-Islamic Relations welcomed the Title VI investigation into Portland State. Last month, the Muslim civil rights group called on colleges to better protect students who oppose genocide.

In response to widespread protests on campus, the Department of Education’s Office for Civil Rights released updated guidance on Title VI in May. The guide provides clarity on how the law should be interpreted and followed. But Barran said it still remains up to higher education leaders to maintain the delicate balance between supporting First Amendment rights and upholding civil rights laws.

“You’re constantly considering how far you can go and trying to remember that you shouldn’t regulate language based on its content,” Barran said. “It’s hard to see the path clearly here.”