UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
1999 BRYAN STREET, SUITE 1620
DALLAS, TEXAS 75201-6831

November 23, 2015

REGION VI
ARKANSAS
LOUISIANA
MISSISSIPPI
TEXAS

Re: OCR Complaint # 06-15-1506

Via U.S. Mail and Email
Dr. Thomas Wallis, Superintendent
101 North Texas Avenue
Bryan, TX 77803
superintendent@bryanisd.org
Dear Superintendent Wallis:
This letter is to inform you that the U.S. Department of Education (Department), Office for Civil
Rights (OCR), Dallas Office received the above-referenced complaint on May 22, 2015, filed
against the the Bryan Independent School District (Bryan ISD or District). The complainant
alleges she was subjected to retaliation. Specifically she alleges that:
1. The Bryan ISD retaliated against the complainant in the spring of 2015 by harassing her (i.e.,
giving the complainant unclear guidance and expectations, unrealistic workloads and tasks,
denying her appeals for assistance that led to adverse actions of insubordination and failure
to meet deadlines, and giving false information in her evaluations that resulted in a April 23,
2015 notice from the school board recommending nonrenewal of her teacher contract,
which was upheld by the school board in a June 23, 2015 appeal hearing), because the
complainant participated as a witness in an OCR investigation of Bryan ISD on May 19,
2014.
2. The Bryan ISD retaliated against the complainant on April 20, 2015 by publishing a notice in
the local newspaper that the board voted for nonrenewal of her teacher contract in an
effort to discredit her with those who supported her in the community as an educator,
because the complainant participated as a witness in an OCR investigation of Bryan ISD on
May 19, 2014.
OCR is responsible for determining whether entities that receive or benefit from federal
financial assistance from the Department (recipients), or an agency that has delegated
investigative authority to the Department, are in compliance with Title VI of the Civil Rights Act
of 1964 (Title VI), 42 U.S.C. § 2000d, and its implementing regulations at 34 C.F.R. Part 100,
which prohibit discrimination on the basis of race, color, and national origin. Title VI also
prohibits retaliation. Specifically, the Title VI implementing regulation at 34 C.F.R. § 100.7(e)
provides that:
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov

 Page 2 of 4 – (06-15-1506) Notification Letter to Superintendent
No recipient or other person shall intimidate, threaten, coerce or discriminate
against any individual for the purpose of interfering with any right or privilege
secured by regulations enforced by OCR or because one has made a complaint,
testified, assisted or participated in any manner in an investigation, proceedings
or hearing held in connection with a complaint.
The Bryan ISD is a recipient of Federal financial assistance from the Department and is
therefore subject to the Title VI statute and implementing regulations. Accordingly, OCR has
jurisdictional authority to process this complaint for resolution pursuant to Title VI.
Because OCR has determined that it has jurisdiction and that the complaint was timely filed,
our office is opening the complaint for investigation. Please note that opening these allegations
for investigation in no way implies that OCR has made a determination with regard to its merits.
During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence
from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its
investigation is legally sufficient and is dispositive of the allegations, in accordance with the
provisions of Article III of OCR’s Case Processing Manual (CPM) 1.
Based on OCR’s jurisdictional authority and the complaint allegations, OCR will investigate the
following legal issues:
1. Whether the Bryan ISD retaliated against the complainant during the spring 2015 semester
by harassing her while she was an employee of the District (i.e., giving the complainant
unclear guidance and expectations, unrealistic workloads and tasks, denying her appeals for
assistance that led to adverse actions of insubordination and failure to meet deadlines, and
giving false information in the complainant’s evaluations) and not renewing her teacher
contract, because the complainant participated in as a witness in an OCR investigation of
Bryan ISD on May 19, 2014, in violation of Title VI, at 34 C.F.R. § 100.7(e).
2. Whether the Bryan ISD retaliated against the complainant by publishing notice of
nonrenewal of her teacher contract in the local newspaper on April 23, 2015, because the
complainant participated as a witness in an OCR investigation of Bryan ISD on May 19, 2014,
in violation of Title VI, at 34 C.F.R. § 100.7(e).
OCR's role in the complaint process is to be a neutral fact-finder and to promptly and effectively
investigate and resolve complaints. OCR has a variety of options for resolving complaints,
including facilitated resolutions and investigations. OCR does not act as an advocate for either
party during the process. For your information, we have enclosed OCR Complaint Processing
Procedures to provide you with an overview of our complaint processes. Please note that OCR
can resolve complaint allegations before completing an investigation in two ways: the Early
Complaint Resolution (ECR) process 2 and voluntary resolution agreements.
1
2

The CPM is available at the OCR website: www.ed.gov/ocr.
An ECR brochure is enclosed for your reference.

 Page 3 of 4 – (06-15-1506) Notification Letter to Superintendent

ECR allows the parties (the complainant and the recipient) an opportunity to resolve the
complaint allegations quickly; generally, soon after OCR opens a complaint is opened for
investigation, although ECR may take place at any time during the investigative process. If both
parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR will
facilitate settlement discussions between the parties and work with the parties to help them
understand the legal standards and possible remedies.
Complaints may also be resolved before the conclusion of an investigation if the recipient
expresses an interest in resolving the complaint. This process is voluntary and must be
requested by the recipient. OCR must determine that it is appropriate to resolve the complaint
during the course of an investigation. If the voluntary resolution process has been determined
appropriate, OCR will immediately notify the complainant of the recipient’s interest in resolving
the complaint and will keep the complainant informed throughout all stages of this resolution
process. The resolution agreement is negotiated between OCR and the recipient. The provisions
of the resolution agreement will be aligned with the complaint allegations or the information
obtained during the investigation, and will be consistent with applicable regulations, and a copy
of the signed resolution agreement will be included with the resolution letter. OCR will then
monitor the implementation of the resolution agreement.
You will be contacted in the near future, usually within ten days from the date of this letter, to
discuss this case. Please contact my office as soon as possible if you are interested in resolving
the complaint prior to the conclusion of the investigation, either through the ECR process or by
entering into a voluntary resolution agreement.
OCR has also enclosed a request for data to initiate investigative activities. Your full and
complete response will assist OCR in resolving the complaint. Please be advised that OCR’s right
of access to this requested information is set forth in Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d, and its implementing regulation at 34 C.F.R. § 100.6(c), requiring that a
recipient of Federal financial assistance make available to OCR information and facilities that
may be pertinent to reach a compliance determination. The implementing regulations at 34
C.F.R. § 100.6(c) and 34 C.F.R. § 99.31(a)(3) stipulate that OCR also has a right to review
personally identifiable records without regard to considerations of privacy or confidentiality.
Accordingly, enclosed is a request for data. OCR typically provides recipients 15 calendar days
to respond to requests for data. However, OCR is aware that the Bryan ISD has a scheduled
Thanksgiving Holiday for the week of November 23, 2015. In consideration of the District’s
holiday schedule, OCR is granting a one-week extension for the District to submit the data
response to our office no later than December 15, 2015. Please be aware that after reviewing
the preliminary data, additional information may be requested, and we may conduct an on-site
visit to your campus. In addition, during the course of this investigation, we may interview
individuals from the Bryan ISD who may have information pertinent to this complaint.
Please be advised that the Bryan ISD may not harass, coerce, intimidate, or discriminate against
any individual because he or she has filed a complaint or participated in the complaint

 Page 4 of 4 – (06-15-1506) Notification Letter to Superintendent
resolution process. If this happens, the complainant may file another complaint alleging such
treatment.
Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this
document and related correspondence and records upon request. In the event that OCR
receives such a request, it will seek to protect, to the extent provided by law, personally
identifiable information, which, if released, could reasonably be expected to constitute an
unwarranted invasion of personal privacy.
I am the lead investigator assigned to the complaint and will serve as the contact person for the
Bryan ISD during the course of OCR’s investigation and resolution process. OCR appreciates the
District’s cooperation as we move forward working together to resolve the complaint. Should
you have any questions or concerns regarding this letter, please contact my office at 214-6619639, or via email at dana.mckenna@ed.gov.
Sincerely,

Enclosures

Dana K. McKenna
Senior Equal Opportunity Specialist
Office for Civil Rights, Dallas Office