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September 7, 2018
Mr. Fatih Ay, M. Ed., CEO/Superintendent
Harmony Public Schools
9321 W. Sam Houston Pkwy S.
Houston, TX 77099
Ref: 06-18-1611
Dear Mr. Ay:
This letter is to notify you of the resolution of the above-referenced complaint filed with the U.S.
Department of Education, Office for Civil Rights (OCR), Dallas Office, against Harmony Public
Schools (HPS), Houston, Texas. The complaint, which was received in our office on April 24,
2018, was filed on behalf of XXXX (the Student), a student at XXXX XXXX. The complainant
alleged that HPS discriminated against the Student on the basis of his race (XXXX), and also
retaliated against the complainant and the Student.
OCR is responsible for determining whether entities that receive Federal financial assistance
from the Department, or an agency that has delegated investigative authority to OCR, are in
compliance with Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. ยงยง 2000d et seq.,
and its implementing regulation at 34 C.F.R. Part 100, which prohibits discrimination on the
basis of race, color, or national origin. Further, the regulation implementing Title VI, at C.F.R ยง
100.7(e), states:
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,
proceeding or hearing under this part.
HPS is a recipient of Federal financial assistance from the Department; therefore, OCR has
jurisdictional authority to process this complaint for resolution pursuant to Title VI.
Legal Issues
Based on the complaint allegations and OCRโ€™s jurisdictional authority, OCR opened the
following legal issues for investigation:
1. Whether HPS discriminated against the Student on the basis of race by failing to
adequately respond to racially harassing conduct from another student, which was
sufficient to constitute a hostile environment, and of which HPS had or should have had
notice during the spring 2018 semester, in violation of Title VI, at 24 C.F.R. ยง 100.3.
Page 2 โ€“ Mr. Fatih Ay, M. Ed., CEO/Superintendent
2. Whether HPS retaliated against the complainant and Student during the spring 2018
semester because the complainant and Student reported allegations of racial harassment
to HPS, in violation of Title VI, at 34 C.F.R. ยง 100.7(e), when:
a. XXXX โ€“ phrase redacted โ€“ XXXX subjected the Student to continued verbal
and physical intimidation and harassment (e.g., XXXX โ€“ to end of paragraph
redacted - XXXX);
b. On XXXX XXXXX XXXX, XXXX administrators refused to meet with the
complainant to discuss the alleged harassment of the Student because the
complainant did not agree to be recorded during the meeting;
c. On XXXX XXXX XXXX, the Studentโ€™s XXXX teacher placed a โ€œnegative
notationโ€ in the classโ€™s online grading system that the Student had been
talking in class, even though it is common for students to talk in the course of
this class;
d. On XXXX XXXX XXXX, XXXX XXXX gave the Student written notice
that the Student would be removed from two Advanced Placement (AP)
courses for the 2018-19 school year for failure to achieve a grade of 80, even
though the Studentโ€™s grades were not yet final; and
e. On or around XXXX XXXX XXXX, the XXXX XXXX Principal refused to
provide the complainant with any documentation evidencing the schoolโ€™s
justification for removing the Student from AP courses for the 2018-19
school year, despite the complainantโ€™s request.
As a preliminary matter, a finding that a recipient has violated one of the laws that OCR enforces
must be supported by a preponderance of the evidence (i.e., sufficient evidence that it is more
likely than not that unlawful discrimination occurred). Where there is a significant conflict in the
evidence and OCR is unable to resolve that conflict, for example, due to the lack of
corroborating witness statements or additional evidence, OCR generally must conclude that there
is insufficient evidence to establish a violation of the law.
OCR began its investigation of this complaint by requesting documentation from HPS in
response to the complainantโ€™s allegations. OCR also followed up with the complainant to offer
the complainant the opportunity to respond to the information provided by HPS. Prior to OCR
concluding its investigation and making a compliance determination, HPS contacted OCR and
expressed its interest in taking action to voluntarily resolve this complaint.
Under Section 302 of OCRโ€™s Case Processing Manual (CPM), a complaint may be resolved at
any time when, prior to the conclusion of the investigation, a recipient expresses an interest in
resolving the allegations and issues and OCR determines that it is appropriate to do so. In light
of HPSโ€™s willingness to address the complainantโ€™s allegations without further investigation, OCR
has determined that entering into a voluntary resolution agreement with HPS is appropriate in
this case.
HPS submitted a signed Voluntary Resolution Agreement (Agreement) to OCR on September 7,
2018. Enclosed is a courtesy copy of the Agreement. The provisions of the Agreement are
Page 3 โ€“ Mr. Fatih Ay, M. Ed., CEO/Superintendent
aligned with the complaint allegations and the information obtained during OCRโ€™s investigation,
and are consistent with applicable law and regulations. OCR has determined that this
Agreement, upon full implementation, satisfactorily resolves the issues opened for investigation.
Therefore, OCR is closing the investigative phase of this complaint. OCR will monitor the
HPSโ€™s implementation of the Agreement.
This letter sets forth OCRโ€™s determination in an individual OCR case. This letter is not a formal
statement of OCR policy and should not be relied upon, cited, or construed as such. OCRโ€™s
formal policy statements are approved by a duly authorized OCR official and made available to
the public. The complainant may have the right to file a private suit in federal court whether or
not OCR finds a violation.
Please be advised that a recipient may not harass, coerce, intimidate, or discriminate against any
individual because he or she has filed a complaint or participated in the complaint resolution
process. If this happens, the individual may file another complaint alleging such treatment.
Under the Freedom of Information Act, 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.
If you have any questions regarding this letter, please contact Rachel Caum, the attorney
assigned to this complaint, at (214) 661-9632, or at rachel.caum@ed.gov. You may also contact
me, at (214) 661-9638, or at lori.bringas@ed.gov.
Sincerely,
/s/
Lori Howard Bringas
Supervisory Attorney/Team Leader
Office for Civil Rights
Dallas Office
Enclosure: Voluntary Resolution Agreement
cc: XXXX, XXXX (via email only)

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Harmony Schools Civil Rights Complaint #Gulen

  • 1. September 7, 2018 Mr. Fatih Ay, M. Ed., CEO/Superintendent Harmony Public Schools 9321 W. Sam Houston Pkwy S. Houston, TX 77099 Ref: 06-18-1611 Dear Mr. Ay: This letter is to notify you of the resolution of the above-referenced complaint filed with the U.S. Department of Education, Office for Civil Rights (OCR), Dallas Office, against Harmony Public Schools (HPS), Houston, Texas. The complaint, which was received in our office on April 24, 2018, was filed on behalf of XXXX (the Student), a student at XXXX XXXX. The complainant alleged that HPS discriminated against the Student on the basis of his race (XXXX), and also retaliated against the complainant and the Student. OCR is responsible for determining whether entities that receive Federal financial assistance from the Department, or an agency that has delegated investigative authority to OCR, are in compliance with Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. ยงยง 2000d et seq., and its implementing regulation at 34 C.F.R. Part 100, which prohibits discrimination on the basis of race, color, or national origin. Further, the regulation implementing Title VI, at C.F.R ยง 100.7(e), states: 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, proceeding or hearing under this part. HPS is a recipient of Federal financial assistance from the Department; therefore, OCR has jurisdictional authority to process this complaint for resolution pursuant to Title VI. Legal Issues Based on the complaint allegations and OCRโ€™s jurisdictional authority, OCR opened the following legal issues for investigation: 1. Whether HPS discriminated against the Student on the basis of race by failing to adequately respond to racially harassing conduct from another student, which was sufficient to constitute a hostile environment, and of which HPS had or should have had notice during the spring 2018 semester, in violation of Title VI, at 24 C.F.R. ยง 100.3.
  • 2. Page 2 โ€“ Mr. Fatih Ay, M. Ed., CEO/Superintendent 2. Whether HPS retaliated against the complainant and Student during the spring 2018 semester because the complainant and Student reported allegations of racial harassment to HPS, in violation of Title VI, at 34 C.F.R. ยง 100.7(e), when: a. XXXX โ€“ phrase redacted โ€“ XXXX subjected the Student to continued verbal and physical intimidation and harassment (e.g., XXXX โ€“ to end of paragraph redacted - XXXX); b. On XXXX XXXXX XXXX, XXXX administrators refused to meet with the complainant to discuss the alleged harassment of the Student because the complainant did not agree to be recorded during the meeting; c. On XXXX XXXX XXXX, the Studentโ€™s XXXX teacher placed a โ€œnegative notationโ€ in the classโ€™s online grading system that the Student had been talking in class, even though it is common for students to talk in the course of this class; d. On XXXX XXXX XXXX, XXXX XXXX gave the Student written notice that the Student would be removed from two Advanced Placement (AP) courses for the 2018-19 school year for failure to achieve a grade of 80, even though the Studentโ€™s grades were not yet final; and e. On or around XXXX XXXX XXXX, the XXXX XXXX Principal refused to provide the complainant with any documentation evidencing the schoolโ€™s justification for removing the Student from AP courses for the 2018-19 school year, despite the complainantโ€™s request. As a preliminary matter, a finding that a recipient has violated one of the laws that OCR enforces must be supported by a preponderance of the evidence (i.e., sufficient evidence that it is more likely than not that unlawful discrimination occurred). Where there is a significant conflict in the evidence and OCR is unable to resolve that conflict, for example, due to the lack of corroborating witness statements or additional evidence, OCR generally must conclude that there is insufficient evidence to establish a violation of the law. OCR began its investigation of this complaint by requesting documentation from HPS in response to the complainantโ€™s allegations. OCR also followed up with the complainant to offer the complainant the opportunity to respond to the information provided by HPS. Prior to OCR concluding its investigation and making a compliance determination, HPS contacted OCR and expressed its interest in taking action to voluntarily resolve this complaint. Under Section 302 of OCRโ€™s Case Processing Manual (CPM), a complaint may be resolved at any time when, prior to the conclusion of the investigation, a recipient expresses an interest in resolving the allegations and issues and OCR determines that it is appropriate to do so. In light of HPSโ€™s willingness to address the complainantโ€™s allegations without further investigation, OCR has determined that entering into a voluntary resolution agreement with HPS is appropriate in this case. HPS submitted a signed Voluntary Resolution Agreement (Agreement) to OCR on September 7, 2018. Enclosed is a courtesy copy of the Agreement. The provisions of the Agreement are
  • 3. Page 3 โ€“ Mr. Fatih Ay, M. Ed., CEO/Superintendent aligned with the complaint allegations and the information obtained during OCRโ€™s investigation, and are consistent with applicable law and regulations. OCR has determined that this Agreement, upon full implementation, satisfactorily resolves the issues opened for investigation. Therefore, OCR is closing the investigative phase of this complaint. OCR will monitor the HPSโ€™s implementation of the Agreement. This letter sets forth OCRโ€™s determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCRโ€™s formal policy statements are approved by a duly authorized OCR official and made available to the public. The complainant may have the right to file a private suit in federal court whether or not OCR finds a violation. Please be advised that a recipient may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the individual may file another complaint alleging such treatment. Under the Freedom of Information Act, 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. If you have any questions regarding this letter, please contact Rachel Caum, the attorney assigned to this complaint, at (214) 661-9632, or at rachel.caum@ed.gov. You may also contact me, at (214) 661-9638, or at lori.bringas@ed.gov. Sincerely, /s/ Lori Howard Bringas Supervisory Attorney/Team Leader Office for Civil Rights Dallas Office Enclosure: Voluntary Resolution Agreement cc: XXXX, XXXX (via email only)