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Protesters gathered outside of the Department of Education in Washington, D.C., on March 13 to protest the announced reduction in force that included closing seven regional civil rights offices.
Bryan Dozier/Middle East Images/AFP via Getty Images
A month after the Department of Education closed seven of its 12 regional civil rights offices and laid off nearly half the staff in the Office for Civil Rights, there’s still uncertainty about how the agency will perform its functions with such reduced numbers.
OCR was founded to ensure equal access to education for all students and is responsible for investigating claims that schools and institutions of higher education failed to protect their students from discrimination. But under the current administration, the office has shifted gears to focus on President Donald Trump’s top priorities: removing trans women from women’s sports teams, protecting against alleged discrimination against white students, and protecting students against alleged antisemitism.
Back in February, the office’s acting head, Craig Trainor, told employees to pause all investigations except for a handful that aligned with those priorities, according to ProPublica. Trainor quickly told investigators they could once again begin investigating disability-related complaints, which made up the largest share of the pending complaints, but not those related to race- or sex-based discrimination.
Tracey Vitchers, the executive director of It’s On Us, a nonprofit advocacy organization focused on combating campus sexual violence, says this harks back to the first Trump administration: At the time, a large number of complaints were “quietly ignored” by OCR, leading to a massive backlog for former president Joe Biden’s administration to handle when he came into office in 2021.
“That was the playbook during the first administration, and it was just that they just sat on shelves, essentially—digital shelves. Those cases were put on the digital shelf, ignored, not opened, not investigated,” she said.
When Trump took office, more than 12,000 cases were open with OCR, including over 3,000 at institutions of higher education, according to a database of open OCR cases.
Over half of all OCR cases were being handled by a regional office that is now closed, according to a report from Sen. Bernie Sanders, a Vermont Independent who is the ranking member on the Senate Health, Education, Labor and Pensions Committee. Following the layoffs, each investigator’s caseload—which was already at an all-time high of 42 cases—is expected to skyrocket to 86 cases as a result of the cuts, significantly reducing investigators’ ability to resolve each complaint, per the report.
The data in the report reflects concerns from former OCR staffers who warned that the layoffs would make protecting students’ civil rights more difficult.
Experts say that OCR complaints going unresolved can be a serious impediment to a student’s ability to learn.
“At the postsecondary level, common complaints are refusals to accommodate,” said Paul Grossman, an attorney who worked at OCR for 41 years and is now executive counsel for the Association for Higher Education and Disability. “A student wants a particular kind of accommodation, and the school says, ‘No, that’s a fundamental alteration or an undue burden,’ and the student, as a result, may get dismissed because they don’t meet the academic standards, may get dismissed because they don’t meet conduct standards, whatever the case may be. Or the student may just be unhealthy—they may not be well enough to continue, because they don’t get the accommodation.”
The public repository of open OCR cases, which used to be updated weekly, has not been updated since Jan. 14, just before Inauguration Day. But ProPublica reported in late February that only about 20 new cases have been opened since Trump took office, whereas about 250 cases were opened in the same period last year.
That most likely comes down to OCR’s decisions about what to investigate. But Vitchers also noted that, since even before Trump’s second term began, she hasn’t been as eager to advise students to open a case with OCR in response to their institutions mishandling Title IX complaints. After the Biden administration finalized its Title IX regulations, which offered protections to transgender students and which organizations like It’s On Us said were much more sympathetic to victims of sexual violence than Trump’s previous regulations, in the summer of 2024, numerous states sued to block the regulations. The legal tussle made for a complicated environment for students seeking justice for sexual harassment or assault through Title IX, and the Biden rule was eventually vacated just over a week before Inauguration Day.
“Very honestly, with the back-and-forth on Title IX, and particularly once we saw the Biden rule get challenged, we sort of, somewhat quietly, encouraged students to really pause and take a hard look at, what was the outcome that they were looking for? And help them assess, is the OCR complaint going to get you the outcome that you’re actually looking for here?” she said. “If it is, then we will support you in finding an attorney and filing a case. But with so many of the students that we work with, many of them made the decision to, essentially, protect their own peace.”
ED did not respond to a request for comment.
Mediation, Digital Accessibility and More
On top of concerns about the backlog of complaints going unanswered, experts are also worried about other, lesser-known functions of OCR that likely are not currently happening.
In some cases, complainants can opt for early mediation, a type of resolution that is more informal and generally quicker than an investigation. But it is unclear if such mediations are happening currently; Grossman said he has heard one example of a planned mediation being canceled, and ED did not respond to a question from Inside Higher Ed about the issue. Grossman also noted that OCR is responsible for continuing to monitor the aftermath of investigations that have already been resolved.
Jamie Axelrod, director of disability resources at Northern Arizona University and a past president of AHEAD, pointed out that OCR is responsible for conducting digital compliance reviews, in-depth surveys of whether a school or university’s digital resources, such as its website and learning management systems, are accessible to students with disabilities. During the previous Trump administration, Axelrod said, ED stood up a specialized team to complete these reviews and provide technical assistance to institutions to help them make their digital resources more accessible. Now, that team has been reduced significantly, according to Axelrod.
He also noted that OCR is supposed to be a tool schools and universities can turn to in order to answer any questions about how to appropriately accommodate their students.
“The point of that is to avoid circumstances that wind up causing discrimination against students with disabilities, and so that’s a key role,” he said. “And it’s hard to really calculate how many instances of discrimination [that prevented from] happening in the first place. It’s hard to count what you prevented, but that is an important role, and I’m sure it leads to resolution of lots of complicated circumstances.”
The impacts of the cuts are likely to go even deeper than the individual cases that have been displaced to new investigators and the specific programs that will likely fall by the wayside.
“Like any postsecondary educational institution, there’s a lot of institutional memory that’s developed,” Grossman said. “You have to develop connections, relationships, understandings, insights, experience, and all these people who are going out the door, you’re just lighting a match to all that expertise and experience. And to me, that’s a really sad thing.”
