Michigan Department of Civil Rights asks for end to use of American Indian mascots
The Michigan Department of Civil Rights (MDCR) has filed a complaint with the U.S. Department of Education, Office of Civil Rights (OCR), asking for an order prohibiting the continued use of American Indian mascots, names, nicknames, slogans, chants and/or imagery. MDCR’s complaint asserts that new research clearly establishes that use of American Indian imagery negatively impacts student learning, creating an unequal learning environment in violation of Article VI of the Civil Rights Act of 1964.
“A growing and unrebutted body of evidence now establishes that the use of American Indian imagery reinforces stereotypes in a way that negatively impacts the potential for achievement by students with American Indian ancestry,” the filing argues. “Continued use of American Indian mascots, names, nicknames, logos, slogans, chants and/or other imagery creates a hostile environment...”
Until now, opponents of the use of American Indian mascots, including MDCR, have not been able to build a sufficient legal basis for its prohibition because proving harassment requires proving that schools intended for mascots to be offensive or were so egregious as to be considered universally offensive. Both of these determinations – intent and offensiveness – are subjective and as a result supporters and opponents have ended up in a stalemate without legal resolution.
MDCR asserts, in the filing, that research now establishes that actual harm occurs as a result of the use of American Indian imagery, thus rendering the subjective debate over intent and offensiveness moot. The filing highlights a number of studies which show decreased achievement, self-esteem and self-identity among American Indian students as well as increased stereotyping of all minority groups. (For a detailed look at the studies cited, see pages 19-26 of the Supporting Argument and Appendix A in the materials available at http://www.michigan.gov/mdcr/0,4613,7-138-5933---,00.html.)
The MDCR complaint asks OCR to determine that the use of American Indian mascots, names, terms, graphics and/or other imagery negatively impacts a minority of primary and secondary students thereby denying them equal protection and opportunity; and that OCR therefore order “The use of American Indian mascots, names, terms, graphics and/or other imagery (particularly those which portray stereotypical Indian images as warriors), will not be permitted in primary or secondary educational institutions that receive federal funds, (except in... very limited ...circumstances).”
MDCR’s complaint addresses only primary and secondary schools, so colleges and universities would not be impacted.
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