Western Keystone Summit
Panel on Free Speech in Higher Education
Resources for Administrators
The 2026 Western Keystone Summit at La Roche University included a panel on the current state of free speech in higher education, covering how Title VI enforcement sits alongside students' speech rights. I prepared these materials for that panel: a checklist of what the record should show when a student appeals being disciplined for expression, and the sources behind it.
When a discipline decision reaches review, what carries the day is the record. The checklist sets out the questions I ask of a file, whether I am preparing an appeal for a student or deciding one as a hearing officer. It applies to public and private institutions subject to Title VI.
These are the primary authorities behind the checklist, linked so you can read them rather than a summary of them. Enforcement posture under Title VI changes with administrations, and guidance documents can be rescinded or vacated on short notice. The statutes and the Third Circuit decisions are the most durable part of the list.
Title VI, 42 U.S.C. § 2000d, and 34 C.F.R. Part 100
The federal statute barring discrimination based on race, color, or national origin in programs that receive federal funding.
OCR FAQ, Race, Color, and National Origin Discrimination (First Amendment question)
Plain-language answers from the Office for Civil Rights on how Title VI applies, including where the First Amendment limits what schools may restrict.
OCR Dear Colleague Letter on the First Amendment (July 28, 2003)
Guidance confirming that Title VI does not require schools to limit speech protected by the First Amendment.
OCR Dear Colleague Letter on Shared Ancestry (May 7, 2024)
Guidance on protecting students from discrimination based on shared ancestry or ethnic characteristics.
OCR Questions and Answers on Executive Order 13899 and IHRA (January 19, 2021)
Answers explaining how the Office for Civil Rights treats antisemitism when it enforces Title VI.
OCR shared ancestry resource page
A collection of Office for Civil Rights materials on shared ancestry discrimination under Title VI.
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
The Supreme Court decision setting the standard for when a school is liable for student-on-student harassment.
Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001)
A federal appeals court ruling that a school anti-harassment policy was too broad and reached protected speech.
DeJohn v. Temple University, 537 F.3d 301 (3d Cir. 2008)
A federal appeals court ruling striking down a university harassment policy that limited protected speech.
OCR list of open Title VI shared ancestry investigations (last updated December 23, 2025)
A running list of the open Title VI shared ancestry investigations the Office for Civil Rights is conducting.
Nancy is the founder of Potter Law in Pittsburgh. She serves institutions as an independent hearing officer, decision-maker, and appointed advisor. Before private practice, she was a Supervisory Attorney and Team Leader at the U.S. Department of Education's Office for Civil Rights. To discuss an appointment or an engagement, schedule a call below.