Bringing Responsible Change:Bringing Responsible Change:Wisconsin’s Struggle to Eliminate Wisconsin’s Struggle to Eliminate

“Indian” Mascots, Logos, and Nicknames“Indian” Mascots, Logos, and Nicknames

National Indian Education AssociationNational Indian Education Association4141stst Annual Convention Annual Convention

October 7-10, 2010October 7-10, 2010San Diego, CASan Diego, CA

PresentersPresenters

• Barbara E. Barbara E. Munson Munson (Oneida)(Oneida)

• Chair, WIEA Chair, WIEA “Indian” “Indian” Mascot/Logo Mascot/Logo Task ForceTask Force

• Mosinee, WIMosinee, WI• barb@munson.netbarb@munson.net

• J P Leary J P Leary (Cherokee/(Cherokee/Delaware)Delaware)

• American Indian American Indian Studies Studies Consultant, Consultant, Wisconsin Wisconsin Department of Department of Public Public InstructionInstruction

• jp.leary@dpi.wi.govjp.leary@dpi.wi.gov

• DeLanna DeLanna Studi Studi (Cherokee)(Cherokee)

• ActorActor• Los Angeles, Los Angeles,

CACA

Our LogoOur Logo

• Designed by Barbara Designed by Barbara Munson (1997)Munson (1997)

• Used in educational and Used in educational and political advocacy workpolitical advocacy work

July 29, 2010July 29, 2010NIEA Facebook Page NIEA Facebook Page •““Wisconsin brings Wisconsin brings responsible change.”responsible change.”•Nearly a 20 year Nearly a 20 year journeyjourney•Key PartnershipsKey Partnerships•Legal StrategiesLegal Strategies•Political StrategiesPolitical Strategies•Educational AdvocacyEducational Advocacy

Policy ContextPolicy Context• Elected State Elected State

SuperintendentSuperintendent• No State School BoardNo State School Board• Local Control Local Control • 426 School Districts426 School Districts• 12 Cooperative 12 Cooperative

Educational Service Educational Service AgenciesAgencies

• 39 Teacher Education 39 Teacher Education ProgramsPrograms State Superintendent Tony Evers

Current Figures Current Figures Wisconsin Race-Based Nickname Review Committee (Sept. 30, 2010)Wisconsin Race-Based Nickname Review Committee (Sept. 30, 2010)

• To date, 32 school districts changed logos, To date, 32 school districts changed logos, mascots, or nicknames that had referenced mascots, or nicknames that had referenced American Indians.American Indians.

• Four changed since Burmaster’s 2005 memo.Four changed since Burmaster’s 2005 memo.• Two changed following complaints under the Two changed following complaints under the

new law.new law.• 33 school districts continue to use mascots, 33 school districts continue to use mascots,

logos, or nicknames that reference American logos, or nicknames that reference American Indians.Indians.

SummarySummary

• Nineteen years since Milton complaintNineteen years since Milton complaint• Ten legislative sessionsTen legislative sessions• Six sessions with current provisionsSix sessions with current provisions• Four State SuperintendentsFour State Superintendents• Three s.118.13 appealsThree s.118.13 appeals• Three s.118.134 appealsThree s.118.134 appeals

2009 Act 2502009 Act 250• Introduced Feb. 3, 2009 as SB 25 and Feb. 12, 2009 as AB Introduced Feb. 3, 2009 as SB 25 and Feb. 12, 2009 as AB

35.35.• Hearing held in Assembly Ed Committee, March 17, 2009.Hearing held in Assembly Ed Committee, March 17, 2009.• Hearing held in Senate Ed Committee, Jan. 13, 2010.Hearing held in Senate Ed Committee, Jan. 13, 2010.• Voted out of Assembly Ed as amended (8-5), Feb. 17, 2010.Voted out of Assembly Ed as amended (8-5), Feb. 17, 2010.• AB 35 passed (51-42, 4 paired), Feb. 25, 2010.AB 35 passed (51-42, 4 paired), Feb. 25, 2010.• Voted out of Senate Ed as amended (4-3), April 7, 2010.Voted out of Senate Ed as amended (4-3), April 7, 2010.• SB 25 passed (17-16) April 13, 2010.SB 25 passed (17-16) April 13, 2010.• Amended SB 25 concurred in by Assembly (53-45), April 20, Amended SB 25 concurred in by Assembly (53-45), April 20,

2010.2010.• Signed by Governor Jim Doyle, May 6, 2010.Signed by Governor Jim Doyle, May 6, 2010.

Governor Jim Doyle, signing Act 250, May 6, 2010Governor Jim Doyle, signing Act 250, May 6, 2010“Twenty years later,

Some of us got some new pens. They all write ok.”

2009 Wisconsin Act 2502009 Wisconsin Act 250• Provides for direct complaints to the State Superintendent Provides for direct complaints to the State Superintendent

regarding a public school’s use of a regarding a public school’s use of a “race-based” “race-based” nickname, nickname, logo, or mascot (“logo”). logo, or mascot (“logo”).

• Requires determining whether the logo is unambiguously Requires determining whether the logo is unambiguously race-based and whether a contested case hearing is required.race-based and whether a contested case hearing is required.

• Exempts depictions of or references to a specific federally Exempts depictions of or references to a specific federally recognized tribe where the tribal government has approved recognized tribe where the tribal government has approved such use.such use.

• Requires school boards to prove “by clear and convincing Requires school boards to prove “by clear and convincing evidence” that their usage does not promote discrimination, evidence” that their usage does not promote discrimination, pupil harassment, or stereotypingpupil harassment, or stereotyping

• Requires termination of the offending nickname, logo, or Requires termination of the offending nickname, logo, or mascot within 12 months of the decision. mascot within 12 months of the decision.

• Provides for fines for failure to comply. Provides for fines for failure to comply. • Subjects all decisions to circuit court review.Subjects all decisions to circuit court review.

WI Dept. of Public InstructionWI Dept. of Public Instruction

Two Distinct Roles:Two Distinct Roles:• Educational LeadershipEducational Leadership

– Moral authorityMoral authority– Political PersuasionPolitical Persuasion

• Administrative AgencyAdministrative Agency– Statutorily defined roleStatutorily defined role– Apply law as it standsApply law as it stands

Educational LeadershipEducational Leadership

• The State Superintendent is a non-partisan, The State Superintendent is a non-partisan, elected official whose office was established elected official whose office was established by state constitution. by state constitution.

• The State Superintendent’s leadership role is The State Superintendent’s leadership role is role is to promote effective, equitable role is to promote effective, equitable educational practices that result in high educational practices that result in high academic achievement for all students.academic achievement for all students.

Educational LeadershipEducational Leadership

• Supt. Grover (1981-Supt. Grover (1981-1993)1993)– AG Opinion re: s.118.13AG Opinion re: s.118.13– WIAA publicationWIAA publication

• Supt. Benson (1993-Supt. Benson (1993-2001)2001)– Letter to all school Letter to all school

districtsdistricts– Legislative effortsLegislative efforts– Press releasesPress releases

• Supt. Burmaster (2001-Supt. Burmaster (2001-2009)2009)– Letter to all school Letter to all school

districtsdistricts– Legislative effortsLegislative efforts

• Supt. Evers (2009 - )Supt. Evers (2009 - )– Legislative effortsLegislative efforts

Administrative AgencyAdministrative Agency

• State Superintendent hears appeals of alleged State Superintendent hears appeals of alleged violations of the state pupil non-discrimination violations of the state pupil non-discrimination statute (s.118.13 Wis. Stats). statute (s.118.13 Wis. Stats).

• Appellants must first follow the local complaint Appellants must first follow the local complaint process established by their school district process established by their school district before appealing any unsatisfactory findings before appealing any unsatisfactory findings with DPI. with DPI.

Administrative AgencyAdministrative Agency

• s.118.13 s.118.13 Wis. StatsWis. Stats. charges the state . charges the state superintendent with deciding appeals of superintendent with deciding appeals of negative determinations by local school negative determinations by local school boards under that statute and with boards under that statute and with promulgating the necessary administrative promulgating the necessary administrative rules to do so.rules to do so.

• PI 9 PI 9 Wis. Admin. CodeWis. Admin. Code provides the provides the procedures for doing so.procedures for doing so.

Milton (1991)Milton (1991)• Jan.: Jan.: Carol Hand filed a formal complaint under Carol Hand filed a formal complaint under

s.118.13s.118.13• March: March: Hand appealed a negative determination, Hand appealed a negative determination,

based in part on the question of standing. based in part on the question of standing. • Dec.: Dec.: Rock Co. Circuit Court orders DPI to “desist Rock Co. Circuit Court orders DPI to “desist

and refrain from taking any further action in the and refrain from taking any further action in the Carol Hand appeal.”Carol Hand appeal.”

• May 1992: May 1992: Supt. Grover requested legal guidance Supt. Grover requested legal guidance from the Attorney General on school logos, mascots, from the Attorney General on school logos, mascots, and nicknames.and nicknames.

• Fall 1992: Fall 1992: AG James Doyle issued his opinion.AG James Doyle issued his opinion.

Attorney General’s Opinion (1992)Attorney General’s Opinion (1992)

• Logo/Mascot Issues DO fall under the purview Logo/Mascot Issues DO fall under the purview of s. 118.13 and PI 9.of s. 118.13 and PI 9.

• Logos and mascots are NOT per se Logos and mascots are NOT per se discriminatory and must be judged on a case discriminatory and must be judged on a case by case basis.by case basis.

• Intent is not an issue, thus there is no need to Intent is not an issue, thus there is no need to prove intent to discriminate.prove intent to discriminate.

• State Supt. Grover circulated the opinion to all State Supt. Grover circulated the opinion to all school districts in October 1992.school districts in October 1992.

Appeals under s.118.13 Wis. Stats.Appeals under s.118.13 Wis. Stats.

• Mukwonago (1994-1995)**Mukwonago (1994-1995)**• Mosinee (1994-1996)Mosinee (1994-1996)• Medford (1997-1998) Medford (1997-1998) [WITHDRAWN AND MEDIATED][WITHDRAWN AND MEDIATED]

• Osseo-Fairchild (2004-2005)Osseo-Fairchild (2004-2005)

Mosinee AppealMosinee Appeal

• Filed at DPI July 15, 1994; decision announced Filed at DPI July 15, 1994; decision announced March 12, 1996.March 12, 1996.

• The department concluded that a “reasonable The department concluded that a “reasonable person similarly situated to the appellant” would person similarly situated to the appellant” would NOT be offended by the Plains Indian logo.NOT be offended by the Plains Indian logo.

• DPI DID NOT find a severe, persistent, and pervasive DPI DID NOT find a severe, persistent, and pervasive pattern of racially hostile acts which rose to the level pattern of racially hostile acts which rose to the level of a racially hostile environment.of a racially hostile environment.

Administrative AgencyAdministrative Agency

• 2009 Act 250 2009 Act 250 created created s. 118.134 s. 118.134 which allows which allows for direct complaints to the State for direct complaints to the State Superintendent.Superintendent.

• A contested case hearing may follow.A contested case hearing may follow.• State Superintendent has the power to order State Superintendent has the power to order

discontinuation and the law provides for a discontinuation and the law provides for a fine.fine.

WIEA “Indian” Mascot/LogoWIEA “Indian” Mascot/Logo Task Force Task Force

• Founded March 1997 at WIEA ConferenceFounded March 1997 at WIEA Conference• Ongoing relationship with Great Lakes Inter-Ongoing relationship with Great Lakes Inter-

Tribal Council Tribal Council • Educational AdvocacyEducational Advocacy• Youth AdvocacyYouth Advocacy• Political AdvocacyPolitical Advocacy• State and national coalitionsState and national coalitions

AdvocacyAdvocacy• Keynote/Invited speaker presentationsKeynote/Invited speaker presentations• Conference presentationsConference presentations• Local community workLocal community work• Advocacy ToolsAdvocacy Tools

AdvocacyAdvocacy• 1997 NIEA (Tacoma)1997 NIEA (Tacoma)

– ““Indian Educators as Advocates for Elimination of Indian Educators as Advocates for Elimination of Indian Mascots and Logos”Indian Mascots and Logos”

– Organized through open forumOrganized through open forum

• 2003 NIEA (Greenville)2003 NIEA (Greenville)– National forumNational forum

• 2009 NIEA (Milwaukee)2009 NIEA (Milwaukee)– College Strand focusCollege Strand focus– ResolutionResolution

KickKick• Offered by Los Angeles-Offered by Los Angeles-

based Encompass.based Encompass.• 2004 Tour, including WIEA 2004 Tour, including WIEA • AIS Summer Institute (2004, AIS Summer Institute (2004,

2006, 2007)2006, 2007)• ““Examining Choices That Examining Choices That

Harm Our Children” (2007)Harm Our Children” (2007)• 2008 WSHRA2008 WSHRA• 2009 spring performance in 2009 spring performance in

Milwaukee Milwaukee • 2010 WHC2010 WHC• 2010 First Nations Traveling 2010 First Nations Traveling

InstituteInstitute

““Examining Choices That Harm Our Examining Choices That Harm Our Children” Conference (2007)Children” Conference (2007)

• ““Why We Should Question Why We Should Question the Washington Redskins, the Washington Redskins, Stories About Columbus, Stories About Columbus, and Other Race-Based and Other Race-Based Entertainment and School Entertainment and School Traditions.”Traditions.”

• Collaborative effort of Collaborative effort of WIEA, WSHRA, and other WIEA, WSHRA, and other organizationsorganizations

• Speakers included Speakers included Stephanie Fryberg, Barb Stephanie Fryberg, Barb Munson, J P Leary, Clif Munson, J P Leary, Clif MortonMorton

• Kick performanceKick performance

Youth AdvocacyYouth Advocacy

• Youth Task ForceYouth Task Force• Menomonie HS students at Menomonie HS students at

NIEA in TacomaNIEA in Tacoma• Christine Munson, “Freedom Christine Munson, “Freedom

Fighter of the Month”Fighter of the Month”http://www.ratm.com/freedom/http://www.ratm.com/freedom/

12_99.html12_99.html

• Prescott students’ advocacy Prescott students’ advocacy effortsefforts

Prescott Student ActivismPrescott Student Activism• Jeff Ryan’s “Native Jeff Ryan’s “Native

America Since 1790”America Since 1790”• Testified at legislative Testified at legislative

hearings in 2009 - 2010hearings in 2009 - 2010• Students lobbied Students lobbied

legislators over spring legislators over spring breakbreak

• Students present at bill Students present at bill signingsigning

• Presented at White Presented at White Privilege Conference Privilege Conference 20102010

Key Wisconsin PartnersKey Wisconsin Partners

• ACLU of WisconsinACLU of Wisconsin• Great Lakes Inter-Tribal Council, Inc.Great Lakes Inter-Tribal Council, Inc.• H.O.N.O.R. H.O.N.O.R. • Midwest Treaty NetworkMidwest Treaty Network• Oneida NationOneida Nation• Wisconsin State Human Relations AssociationWisconsin State Human Relations Association• Wisconsin Network for Peace and JusticeWisconsin Network for Peace and Justice

Interstate CollaborationsInterstate Collaborations

• New YorkNew York• North CarolinaNorth Carolina• New JerseyNew Jersey• CaliforniaCalifornia• ColoradoColorado

Alliance Against Alliance Against Racial Mascots (ALLARM)Racial Mascots (ALLARM)

Major efforts includeMajor efforts include• Successful change at LAUSDSuccessful change at LAUSD• Advocating for 2001 AB Advocating for 2001 AB

2115, sponsored by Rep. 2115, sponsored by Rep. GoldbergGoldberg

• Advocating for 2003 AB 858, Advocating for 2003 AB 858, sponsored by Rep. Goldbergsponsored by Rep. Goldberg

• VETO of amended “Redskins” VETO of amended “Redskins” bill (2004)bill (2004)

““We believe that the use of We believe that the use of such images on public school such images on public school campuses creates unhealthy campuses creates unhealthy learning environments, learning environments, perpetuates racial stereotypes perpetuates racial stereotypes and subjects Native American and subjects Native American students to derision and students to derision and discrimination. We further discrimination. We further believe that the elimination of believe that the elimination of these images can help create these images can help create school communities in which school communities in which the traditions and identities of the traditions and identities of all cultures are valued all cultures are valued equally.“ – ALLARM equally.“ – ALLARM

Advocacy ToolsAdvocacy Tools

• Handbook for Advocacy (1997)Handbook for Advocacy (1997)• Website www.indianmascots.comWebsite www.indianmascots.com• ““Images of Honor: Remnants of Racism in Wisconsin Images of Honor: Remnants of Racism in Wisconsin

Schools” (Hortonville HS, 1998)Schools” (Hortonville HS, 1998)• Youth Task Force Public Service Announcement Youth Task Force Public Service Announcement

http://www.youtube.com/watch?v=7fCBspSK4Iw

• ““ENGAGE” ENGAGE” http://www.ecb.org/engage/takingAstand.htmhttp://www.ecb.org/engage/takingAstand.htm

• Yakhika-latuhseYakhika-latuhse

Questions and DiscussionQuestions and Discussion

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