Civil Rights Compliance Self-Assessment

In order to best support Niagara University’s (NU) compliance with Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1979, their implementing regulations, and New York State Human Rights Law (NYSHRL) (Executive Law, Article 15), the administration encourages every department to review their programs for compliance using the framework below. Please note, this guidance will continue to be updated as additional legal guidance or regulatory updates occur.

Learn about the Requirements

For these specific laws and their implementing regulations, colleges and universities (amongst other entities) are prohibited from discriminating on the basis of:

• Race
• Color
• Religion
• National Origin or Ethnicity
• Sex (Under the category of “sex,” there are some exceptions for social fraternities and sororities, sports, choruses based on vocal range, etc.)

These prohibitions extend to all aspects of university programming, including, but not limited to, services, admissions, educational activities, financial aid, benefits, opportunities, employment practices, recruitment, and use of facilities, as well as any use of federal funds.

In addition to avoiding overt discrimination, the federal government has clarified that using facially neutral criteria as a proxy for protected characteristics is prohibited. This includes practices where eligibility criteria, recruitment strategies, or selection processes—while not explicitly mentioning a protected category—are designed or applied in a way to result in exclusion or preference.

Examples of prohibited discrimination:

• Admissions decisions are based on national origin.
• A department chooses to hire a candidate because the candidate is female.
• A student support space is only open to participants who identify with a specific race, religion, or sex.
• A college provides additional funding to one student organization that is only open to participants of a specific sex, but not another student organization open to members of the opposite sex.
• A department uses federal funding in a contract with an external vendor that engages in discriminatory practices.
• A scholarship committee requests applicant statements on their life experiences, but uses those statements to determine the race of candidates in order to intentionally award scholarships in a discriminatory manner.

Examples of activities / programs that are not prohibited (i.e., permissible):

• An instructor teaches a course about historical inequities.
• Financial aid is dispersed based on merit and need.
• A program is open to all interested participants, albeit specifically focused on the experience of a specific group.
• A department hosts an event related to a heritage month or significant day of remembrance that is open to all.
• Faculty engage in research relating to policy impacts on a particular community.
• Program advertising and eligibility materials clearly state it is open to all.
• Participation criteria are unrelated to protected characteristics.
• A student chooses to discuss a DEI topic in a class assignment.
• A faculty member discusses “controversial” topics in class.  An advisable best practice is to include in a syllabus a statement that the opinions/positions espoused in class do not necessarily reflect that of the professor, and that the stated goal of the course is to teach students how to think, not what to think.

Further, the federal government, through the Office for Civil Rights (OCR) in the Department of Education, has provided guidance that DEI programs may violate civil rights laws. Although OCR has clarified that unlawful discrimination is not based on using terminology such as “diversity,” “equity,” or “inclusion,” they have indicated their concern that such programs are masking unlawful discrimination. Therefore, it is important to self-assess all programs, including DEI programs. OCR has indicated that cultural events and programs designed to raise awareness, educate, or celebrate are generally not in violation. However, where these programs are (1) exclusionary or discriminatory, or (2) create a hostile environment for students based on race, color, or national origin, they would violate federal law.

On July 29, 2025, the Office of the Attorney General published guidance regarding unlawful discrimination. Departments are encouraged to read through this guidance carefully, as it provides examples of the types of programs the federal government would consider prohibited: Office of the Attorney General Memorandum.

Ensuring programs are open to all, not creating a hostile environment, not engaging in proxy discrimination, and ensuring participation/access is not based on race, color, national origin, or sex is key to compliance. Please note, “open to all” can best be understood as having a program without barriers in application, eligibility, or perception.

Departments are also encouraged to review guidance from the New York State Division of Human Rights (NYSDHR), which enforces the NYSHRL, for examples of prohibited discrimination under state law.  The NYSDHR prohibits discrimination based on numerous characteristics, including age, race, creed, color, disability, national origin, sex, sexual orientation, gender identity or expression, military status, genetic characteristics, marital status, immigration or citizenship status, familial status, domestic violence victim status, pregnancy, and criminal history. These protections apply in employment, housing, and other covered areas.

Compliance is especially complex where state and federal authorities have differing views on any given topic.  For example, the NYSAG and the NYS Board of Regents have re-affirmed a commitment to DEI instruction that could present federal regulatory challenge under the US AG DEI Memo. NU, however, prefers to avoid political debates and regulatory challenges, and instead focus on providing quality education to students and equipping them with critical thinking skills.  NU has a long history of teaching on topics of Catholic social justice consistent with our Vincentian and Catholic intellectual tradition.

On August 26, 2025, Governor Hochul signed legislation requiring all New York colleges and universities to appoint a Title VI Coordinator by August 26, 2026. Under NY Education Law section 6436-a, the coordinator must, inter alia, ensure compliance with federal and state law.[1]

Assess your program

Ask yourself the following questions:

1. Is your program, service, or process open to all qualified individuals regardless of whther or not they are a member of a Protected Class (i.e., race, color, religion, national origin, ethnicity, sex etc.) [hereafter collectively “Identity”]?
2. Is your program free of any quotas, set-asides, or preferential treatment for a specific group based on their Identity?
3. Are materials (e.g., websites, handouts, advertising, etc.) about your program, service, or process clear that it is open to all qualified individuals regardless of their Identity?
4. Is programming within your unit (and your communications about such programming) neutral such that it is not susceptible to being perceived as creating a hostile environment based on Identity for students who participate?
5. Even if the criteria for a program is facially neutral, is the program administered in a way that is based on Identity?
6. Could a reasonable person perceive that the program is intended primarily for one protected group, even if technically open to all? If so, does your outreach and advertising clearly dispel that perception?
7. Is there any funding that is used in a discriminatory manner, including by a 3rd party vendor or subcontractor?
8. Are you documenting your decision-making to create a record of program compliance (e.g., a scholarship committee carefully documents the nondiscriminatory basis for scholarship award decisions)?
9. Do you feel confident that your program is in compliance?

If you answered No to any of the above questions, you should consult your supervisor (who may in turn consult counsel).

For example:

• A department hosts a STEM program for high school students. The program is open to all interested participants. However, the department was concerned with the lack of female participation the previous year, so this year, the advertisements say, “Girls in STEM.” It is not clear from the advertisements that the program is open to all interested participants. The program should update their advertising.
• A college hosts a conference about health inequities and only allows speakers of a specific race. The program should revisit its protocols to have a nondiscriminatory basis for speakers.
• A number of student organizations are created that are related to the students’ national origin. A department provides administrative support services to some of the groups but not others. The department should revisit its protocols to have a nondiscriminatory basis for administrative support.

Seek consultation

Contact your Dean or Supervisor (if you are not part of a college) to schedule a consultation or provide a question to be considered.  We appreciate your patience as we collectively consider your compliance concerns.

[1] Education Law Section 6436-A Designation of a Title VI coordinator and duties