Bringing Responsible Change:
Wisconsin’s Struggle to Eliminate
“Indian” Mascots, Logos, and Nicknames
National Indian Education Association
41st Annual Convention
October 7-10, 2010
San Diego, CA
Presenters
• Barbara E.
Munson
(Oneida)
• J P Leary
(Cherokee/
Delaware)
• DeLanna
Studi
(Cherokee)
• Chair, WIEA
“Indian”
Mascot/Logo
Task Force
• Mosinee, WI
• American Indian
Studies
Consultant,
Wisconsin
Department of
Public
Instruction
• Actor
• Los Angeles,
CA
• barb@munson.net
• jp.leary@dpi.wi.gov
Our Logo
• Designed by Barbara
Munson (1997)
• Used in educational and
political advocacy work
July 29, 2010
NIEA Facebook Page
•“Wisconsin brings
responsible change.”
•Nearly a 20 year
journey
•Key Partnerships
•Legal Strategies
•Political Strategies
•Educational Advocacy
Policy Context
• Elected State
Superintendent
• No State School Board
• Local Control
• 426 School Districts
• 12 Cooperative
Educational Service
Agencies
• 39 Teacher Education
Programs
State Superintendent Tony Evers
Current Figures
Wisconsin Race-Based Nickname Review Committee (Sept. 30, 2010)
• To date, 32 school districts changed logos,
mascots, or nicknames that had referenced
American Indians.
• Four changed since Burmaster’s 2005 memo.
• Two changed following complaints under the
new law.
• 33 school districts continue to use mascots,
logos, or nicknames that reference American
Indians.
Summary
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Nineteen years since Milton complaint
Ten legislative sessions
Six sessions with current provisions
Four State Superintendents
Three s.118.13 appeals
Three s.118.134 appeals
2009 Act 250
• Introduced Feb. 3, 2009 as SB 25 and Feb. 12, 2009 as AB
35.
• Hearing held in Assembly Ed Committee, March 17, 2009.
• Hearing held in Senate Ed Committee, Jan. 13, 2010.
• Voted out of Assembly Ed as amended (8-5), Feb. 17, 2010.
• AB 35 passed (51-42, 4 paired), Feb. 25, 2010.
• Voted out of Senate Ed as amended (4-3), April 7, 2010.
• SB 25 passed (17-16) April 13, 2010.
• Amended SB 25 concurred in by Assembly (53-45), April
20, 2010.
• Signed by Governor Jim Doyle, May 6, 2010.
Governor 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 250
• Provides for direct complaints to the State Superintendent
regarding a public school’s use of a “race-based” nickname,
logo, or mascot (“logo”).
• Requires determining whether the logo is unambiguously racebased and whether a contested case hearing is required.
• Exempts depictions of or references to a specific federally
recognized tribe where the tribal government has approved
such use.
• Requires school boards to prove “by clear and convincing
evidence” that their usage does not promote discrimination,
pupil harassment, or stereotyping
• Requires termination of the offending nickname, logo, or
mascot within 12 months of the decision.
• Provides for fines for failure to comply.
• Subjects all decisions to circuit court review.
WI Dept. of Public Instruction
Two Distinct Roles:
• Educational Leadership
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Moral authority
Political Persuasion
Administrative Agency
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Statutorily defined role
Apply law as it stands
Educational Leadership
• The State Superintendent is a non-partisan,
elected official whose office was established
by state constitution.
• The State Superintendent’s leadership role is
role is to promote effective, equitable
educational practices that result in high
academic achievement for all students.
Educational Leadership
• Supt. Grover (19811993)
– AG Opinion re: s.118.13
– WIAA publication
• Supt. Benson (19932001)
– Letter to all school
districts
– Legislative efforts
– Press releases
• Supt. Burmaster (20012009)
– Letter to all school
districts
– Legislative efforts
• Supt. Evers (2009 - )
– Legislative efforts
Administrative Agency
• State Superintendent hears appeals of alleged
violations of the state pupil non-discrimination
statute (s.118.13 Wis. Stats).
• Appellants must first follow the local complaint
process established by their school district
before appealing any unsatisfactory findings
with DPI.
Administrative Agency
• s.118.13 Wis. Stats. charges the state
superintendent with deciding appeals of
negative determinations by local school
boards under that statute and with
promulgating the necessary administrative
rules to do so.
• PI 9 Wis. Admin. Code provides the
procedures for doing so.
Milton (1991)
• Jan.: Carol Hand filed a formal complaint under
s.118.13
• March: Hand appealed a negative determination,
based in part on the question of standing.
• Dec.: Rock Co. Circuit Court orders DPI to “desist
and refrain from taking any further action in the
Carol Hand appeal.”
• May 1992: Supt. Grover requested legal guidance
from the Attorney General on school logos, mascots,
and nicknames.
• Fall 1992: AG James Doyle issued his opinion.
Attorney General’s Opinion (1992)
• Logo/Mascot Issues DO fall under the purview
of s. 118.13 and PI 9.
• Logos and mascots are NOT per se
discriminatory and must be judged on a case
by case basis.
• Intent is not an issue, thus there is no need to
prove intent to discriminate.
• State Supt. Grover circulated the opinion to all
school districts in October 1992.
Appeals under s.118.13 Wis. Stats.
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Mukwonago (1994-1995)**
Mosinee (1994-1996)
Medford (1997-1998) [WITHDRAWN AND MEDIATED]
Osseo-Fairchild (2004-2005)
Mosinee Appeal
• Filed at DPI July 15, 1994; decision announced
March 12, 1996.
• The department concluded that a “reasonable
person similarly situated to the appellant” would
NOT be offended by the Plains Indian logo.
• DPI DID NOT find a severe, persistent, and pervasive
pattern of racially hostile acts which rose to the level
of a racially hostile environment.
Administrative Agency
• 2009 Act 250 created s. 118.134 which allows
for direct complaints to the State
Superintendent.
• A contested case hearing may follow.
• State Superintendent has the power to order
discontinuation and the law provides for a
fine.
WIEA “Indian” Mascot/Logo
Task Force
• Founded March 1997 at WIEA Conference
• Ongoing relationship with Great Lakes InterTribal Council
• Educational Advocacy
• Youth Advocacy
• Political Advocacy
• State and national coalitions
Advocacy
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Keynote/Invited speaker presentations
Conference presentations
Local community work
Advocacy Tools
Advocacy
• 1997 NIEA (Tacoma)
– “Indian Educators as Advocates for Elimination of
Indian Mascots and Logos”
– Organized through open forum
• 2003 NIEA (Greenville)
– National forum
• 2009 NIEA (Milwaukee)
– College Strand focus
– Resolution
Kick
• Offered by Los Angelesbased Encompass.
• 2004 Tour, including WIEA
• AIS Summer Institute (2004,
2006, 2007)
• “Examining Choices That
Harm Our Children” (2007)
• 2008 WSHRA
• 2009 spring performance in
Milwaukee
• 2010 WHC
• 2010 First Nations Traveling
Institute
“Examining Choices That Harm Our
Children” Conference (2007)
• “Why We Should Question
the Washington Redskins,
Stories About Columbus,
and Other Race-Based
Entertainment and School
Traditions.”
• Collaborative effort of
WIEA, WSHRA, and other
organizations
• Speakers included
Stephanie Fryberg, Barb
Munson, J P Leary, Clif
Morton
• Kick performance
Youth Advocacy
• Youth Task Force
• Menomonie HS students at
NIEA in Tacoma
• Christine Munson, “Freedom
Fighter of the Month”
http://www.ratm.com/freedom/12_99.html
• Prescott students’ advocacy
efforts
Prescott Student Activism
• Jeff Ryan’s “Native
America Since 1790”
• Testified at legislative
hearings in 2009 - 2010
• Students lobbied
legislators over spring
break
• Students present at bill
signing
• Presented at White
Privilege Conference
2010
Key Wisconsin Partners
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ACLU of Wisconsin
Great Lakes Inter-Tribal Council, Inc.
H.O.N.O.R.
Midwest Treaty Network
Oneida Nation
Wisconsin State Human Relations Association
Wisconsin Network for Peace and Justice
Interstate Collaborations
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New York
North Carolina
New Jersey
California
Colorado
Alliance Against
Racial Mascots (ALLARM)
“We believe that the use of
such images on public school
campuses creates unhealthy
learning environments,
perpetuates racial stereotypes
and subjects Native American
students to derision and
discrimination. We further
believe that the elimination of
these images can help create
school communities in which
the traditions and identities of
all cultures are valued
equally.“ – ALLARM
Major efforts include
• Successful change at LAUSD
• Advocating for 2001 AB 2115,
sponsored by Rep. Goldberg
• Advocating for 2003 AB 858,
sponsored by Rep. Goldberg
• VETO of amended “Redskins”
bill (2004)
Advocacy Tools
• Handbook for Advocacy (1997)
• Website www.indianmascots.com
• “Images of Honor: Remnants of Racism in Wisconsin
Schools” (Hortonville HS, 1998)
• Youth Task Force Public Service Announcement
http://www.youtube.com/watch?v=7fCBspSK4Iw
• “ENGAGE”
http://www.ecb.org/engage/takingAstand.htm
• Yakhika-latuhse
Questions and Discussion
www.indianmascots.com