OCR instructicns to the Field re Scope of Complaints
Regional Directors:

These Instructions set forth new internal guidance regarding the scope of the investigatian of OCR
cases. This guidance is effective immediafeiy and applies to ali compiaints currentiy in evaluation or
investigatian, as weli as newiyvfiied complaints. These instructions shail be applied cansistentiy with
Case Processing Manuai (CPM), and if any questinns arise abaut haw to apply these instructions
consistentiy with the CPM, piease contact yaur designated inforcement Director for clari?cation.

Effective immediateiy, there is no mandate that any one type of compiaint is automaticaily treated
differently than any ether type of compiaint with respect is the scape of the investigation, the type Car
amaunt of data needed to conduct the investigation, or the amount or type of review or aversight
needed over the investigatinn by Headquarters. There is no hanger a "sensitive case? or ?nail home" list;
rather, Headquarters and the Regicnal Offices (Regionai Director) cansuit regulariy to determine on
a casewby-case basis whether compiex or pmbiemsiic investigations require Headquarters review or
intervention and when trends emerge that require Headquarters oversight or direction. Cases are
retroactive and be returned to the respective Regiunal Office if the RD feels a case: can be
adjudicated at the regional ievel.

in particuiar, OCR no ionger foliow the existing investigative rule of obtaining three (3) years of past
compiaint data/?les in order to assess a recipient?s compiiance, which rule had been stated in 
Approach to Title IX P55 .59qu? Violence Complaints (January 2014) (for internal discussion), 
Approach to the Evaluatian, Investigation and Resnlutian cf Title Vi Discipline Complaints (February 12,
2914) (Draft for interns: discussion), and other reiated internal poiicy documents. Fer exampie, if a
discipline compiaint requires analysis of whether a faciaiiy?neutrai suspension poriicy was appiied
differently against a particular student based on a prohibited ciassification such as race, the investigative
team (supervised by their Team Leader and Regional Director) is empowered ta determine what
comparative data (CRDC or otherwise) are necessary to, determine if other similariy?situated
students of a different race were, in fact, treated differentiy from the student an whose behaif the
complaint was ?led.

The scone of the investigation of ali complaints, including ESE discipline and PSE sexuai viclence
complaints, is determined by the statutes and reguiations, published guidance, and the iegal
theory?es) applicabie to the aiiegatian(s) stated by the complainant. There is no longer a "me size fits
aii? appreach 3:0 the investigation of any caiegary of complaints. Based an the investigative
requirements set forth in the statutes and regulations, pubiisiied guidance, and the legal theory?es)
applicable to the aiiegation(s) stated by the compiainant, it is the investigative team?s 
(under appropriate supervision by Team Leaders and other Regional Office supervisors) to determine an
a case-by-case basis the type and scope of evidence that is necessary to susport a legaiiy sound
investigation and determination, with the undersisnding that ali OCR investigations are to be framed in
their scope by the allegations of each particuiar complaint,

For the sake of clarity, these instructions mean that OCR wiil oniy appiy a ?systemic? or "class-action?
approach where the individuai compiaint aliegaticns themselves raise systemic or class?wide issues or
the investigative team setermines a systemic approach is warranted through canversations with the
compiainani.

Please apply the instructions in this document with the understanding that goal is to swiftly
address compliance issues raised by individual complaint allegations, reach reasonable resolution
agreements with defined, enforceable obligations placed upon recipients directly responsive to
addressing the concerns raised in the individual complaint being resolved, and encourage voluntary
settlements wherever possible.

i trust you will apply these instructions in line with the attitude and approach we are proud to foster
here in OCR: that OCR exists to robustly enforce the civil rights laws under our jurisdiction, and we will
do so in a neutral, impartial manner and as ef?ciently as possible. These instructions in particoiar are
designed to emoower our investigative staff to clear case backlogs and resolve complaints within a
reasonable time-frame, thus providing effective resolution and justice to complainants and recipients.

Thank you for your continued dedicated to core mission to ensure equal access to education and
to promote educational excellence through vigorous enforcement of civil rights in our nation?s schools.
if you have any questions about these instructions, please contact your Enforcement Director. You may
also contact me if further clari?cation is neededCandice Johnson

OCR Acting Assistant Secretary for Civil Rights