Law & Courts

Mich. Loses Bid to Ban American Indian Mascot Imagery

By Bryan Toporek — June 11, 2013 1 min read
  • Save to favorites
  • Print

School mascots in Michigan with American Indian imagery have been spared by the U.S. Department of Education’s office for civil rights—but the legal wrangling and heated emotions surrounding them appear likely to continue.

The OCR late last month dismissed a complaint from the Michigan Department of Civil Rights that sought to ban the use of such mascots and imagery in K-12 schools that receive federal funds.

The Michigan civil rights department argued in its February complaint that the use of American Indian imagery denied equal rights to Native American students. The state agency’s director of law and policy cited research that suggests such imagery results in “actual harm” to current and future American Indian students.

Under Title VI of the Civil Rights Act of 1964, schools that receive federal money are prohibited from discriminating on the basis of race, color, or national origin. The job of the OCR in mascot complaints, as described in its response to the Michigan civil rights department, is to determine if the allegations “are sufficient to constitute a racially hostile environment.”

The federal office defines such an environment as “one in which racially harassing conduct takes place that is sufficiently severe, pervasive, or persistent to limit a student’s ability to participate in or benefit from the recipient’s programs or services.”

When the OCR asked the Michigan civil rights agency to identify specific students who had been harmed by American Indian mascots, the state agency cited only research as the basis of its complaint.

“You did not provide to OCR any specific examples of race-based incidents nor identify any students or individuals who have suffered specific harm because of the alleged discrimination at any of the named school districts,” wrote Catherine Criswell, the director of the OCR’s Cleveland branch, in the letter, dated May 29.

As a result, the OCR determined that the evidence provided wasn’t sufficient to begin an investigation, and thus dismissed the complaint.

The Michigan civil rights agency received notice of the dismissal May 31, according to the Associated Press, and is considering whether to appeal the decision. A successful appeal could end up being costly, however.

A version of this article appeared in the June 12, 2013 edition of Education Week as Mich. Loses Round In Mascots Dispute

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Asked to Review Law Requiring Ten Commandments in Public Schools
The case could set a new national standard for religious expression in classrooms.
2 min read
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
John Bazemore/AP
Law & Courts Judge Orders Meta to Build New Child Safeguards. Advocates Hope Other Courts Follow
The new online safety measures would include a monthly time limit and AI chatbot restrictions.
6 min read
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Godofredo A. Vasquez/AP Photo
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judge Voids Trump Admin. Rule Excluding Education From ‘Professional’ Degrees
A judge ruled the agency didn't have the authority to adopt such a narrow definition.
4 min read
Graduates in the School of Education hold up books as their degrees are conferred during Harvard's 371st Commencement, on May 26, 2022, in Cambridge, Mass.
Graduates in the School of Education hold up books during Harvard's 371st Commencement on May 26, 2022, in Cambridge, Mass. The Trump administration excluded education fields when it set a definition of "professional" degree to implement a new law instituting graduate student borrowing limits.
Mary Schwalm/AP