December 21, 2015

Montgomery County Board of Education

850 Hungerford Drive
Room 123
Rockville, MD 20850
Appeal to the Montgomery County Board of Education
Re: Decision of Chief Operating Officer, Andrew Zuckerman, of December 3, 2015
The State reward for dead Indians has been increased to $200 for every red-skin sent to
Purgatory. This sum is more than the dead bodies of all the Indians east of the Red River are
worth.
--THE DAILY REPUBLICAN, Winona, Minnesota, Sept. 24, 1863
Dear Members of Board of Education:
I write to you today to appeal the decision of COO Andrew Zuckerman and once again urge you to
ban the wearing of Native names and mascots, including that of the DC NFL professional football
team, from Montgomery County Public Schools by both staff and students. There are numerous legal
and political reasons to do so. But the most important reason to do so are the psychological harms that
have been repeatedly demonstrated by academic researchers that Native mascots have on both Native
and non-Native students in academic settings. Given these documented harms on all students, there
should be no question that you, as the governing body of our public school district, should ban the
wearing of these names and mascots.
There can be no denying that the name of the local NFL professional football team is offensive. The
Random House dictionary defines Redskin as:
noun, Older Slang: Disparaging and Offensive.
1. a contemptuous term used to refer to a North American Indian.1
The controversy over the use of Native mascots has been well documented. Litigation surrounding
the name of the DC professional football team has been underway since 1992. Efforts to end the use
of Native mascots in sports dates back to at least the 1960s when the National Congress of American
Indians first organized a campaign against their use. This board has itself, rightfully, banned the use
of Native mascots by schools within the Montgomery County Public School system in 2001.
In 2014, the trademark for the Washington football team was revoked as being disparaging to Native
Americans. This ruling by the Patent and Trademark Office Trademark Trial and Appeal Board was
upheld in July 2015 by the U.S. Federal District Court for the Eastern District of Virginia. While the
team has not yet exhausted its appellate strategy the teams most recent filing essentially concedes the
central issue here, that the name and logo are offensive, arguing by analogy that other more offensive
1

http://dictionary.reference.com/browse/redskin?s=t

trademarks are protected First Amendment commercial speech including as reported in the
Washington Post.2
COO Zuckerman wrongly believes that this is an issue of protected First Amendment speech. He is in
error for a number of reason. First and foremost, in the case of Tinker v. Des Moines Independent
School District the student speech at issue was political speech, the non-disruptive wearing of black
armbands to protest the Vietnam War.3 The issue with student attire cannot be classified as either
student political speech (unless the message is one of intentional discrimination against Native
students) nor can it be described as non-disruptive. In the case of staff this is government speech and
MCPS has no business endorsing racial slurs in an educational environment.
The wearing of Native mascots, including the DC NFL team, by MCPS students or staff are
affirmative acts of discrimination, intentional or not, in that they express support for offensive names,
logos, or caricatures of Native people. Academic research has shown the negative impact that Native
mascots have on students, both Native and non-Native, in the school environment.
In 2005, the American Psychological Association (APA) passed a resolution recommending the
retirement of American Indian mascots, a position that this board had already taken. The APA stated:
Research has shown that the continued use of American Indian mascots, symbols, images, and
personalities has a negative effect on not only American Indians students but all students by:

Undermining the educational experiences of members of all communities-especially those

who have had little or no contact with Indigenous peoples. The symbols, images and mascots
teach non-Indian children that it's acceptable to participate in culturally abusive behavior and
perpetuate inaccurate misconceptions about American Indian culture.
Establishes an unwelcome and often times hostile learning environment for American Indians
students that affirms negative images/stereotypes that are promoted in mainstream society.4

Citing the research of Dr. Stephen Fryberg of the University of Arizona, the APA highlighted three
findings relevant here:

Undermines the ability of American Indian Nations to portray accurate and respectful images
of their culture, spirituality, and traditions.
Presents stereotypical images of American Indians - Such mascots are a contemporary
example of prejudice by the dominant culture against racial and ethnic minority groups.
Is a form of discrimination against American Indian Nations that can lead to negative relations
between groups.5

2 Ian Shapira, Take Yo Panties Off defense: Redskins cite other protected products in trademark appeal, Washington Post,
(Nov. 3, 2015), online: <https://www.washingtonpost.com/local/take-yo-panties-off-defense-redskins-cite-other-protectedproducts-in-trademark-appeal/2015/11/03/d6501692-81b8-11e5-8ba6-cec48b74b2a7_story.html>.
3 US, Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969).
4 American Psychological Association, Summary of the APA Resolution Recommending Retirement of American Indian
Mascots, online: <http://www.apa.org/pi/oema/resources/indian-mascots.aspx>.
5 Ibid.

The wearing of a disparaging and offensive slur is inherently disruptive and as such, the second case
cited by COO Zuckerman is more to the issue at hand. In Hardwick v. Heyward, the 4th Circuit
allowed for the prohibition of the wearing of attire displaying the Confederate Flag given the school
districts history of racial tension and the likelihood of substantial disruption by provoking racial
hostility. That is precisely what is at issue here.
MCPS promotes the dress code to parents on its website as: Students are expected to wear
appropriate clothing to school. Clothing that offends others or disrupts learning is inappropriate.
Clothing that includes references to gangs, drugs, alcohol, and sex is not acceptable.6
Forgoing the arguments that COO Zuckerman raises regarding the above text being a summary,
which no reasonable parent would have notice of given the failure to identify it as such and the failure
to provide a link to the actual dress code, MCPS JFA-RA, Student Rights and Responsibilities, states:
Students may not be disciplined for their style of dress or grooming unless it
(a)
(b)
(c)
(d)
(e)
(f)
(g)

is likely to cause a disruption to the educational environment;

causes a disruption to the education environment;
endangers health or safety;
fails to meet a reasonable requirement of a course or activity;
is associated with gangs;
is lewd, vulgar, obscene, revealing, or of a sexual nature; or
promotes tobacco, smoking, alcohol, drugs or sexual activity.

Repeated studies have shown that Native mascots harm all students, not only Native American
students. In March of 2015, University of Buffalo psychological research done by Wendy Quinton
showed the Native mascots harm all groups, not just Native Americans.7 Studies show that
regardless of their intention, these mascots do not honor American Indians, but instead bring to mind
negative thoughts associated with them as a group of people, says Quinton. Furthermore, other
studies with mostly white samples have found that people exposed to American Indian mascots are
more likely to negatively stereotype other ethnic groups as well. We now know better, she says. The
research documenting their negative effects is clear.
Studies conducted on non-Native students exposed to Native mascots demonstrate that in addition to
causing negative self-esteem issues among Native students, that exposure to Native stereotypes causes
negative reactions among non-Native students.8 For a more detailed exploration of the relevant
psychological research into this area see the compilation report The Harmful Psychological Effects of
the Washington Football Mascot.9
6 Montgomery County Public Schools, Dress Code, online:
<http://www.montgomeryschoolsmd.org/parents/basics/schoolbasics/#8>.
7 Bert Gambini, Research shows Native American imagery hurts all ethnic groups, says UB psychologist, University of
Buffalo, March 11, 2015, online: <http://www.buffalo.edu/news/releases/2015/03/021.html>.
8 Scott Freng and Cynthia Willis-Esqueda, A Question of Honor: Chief Wahoo and American Indian Stereotype Activation
Among a University Based Sample, The Journal of Social Psychology, August 29, 2011, online:
<http://www.ncbi.nlm.nih.gov/pubmed/22017074>.
9 Dr. Michael Friedman, The Harmful Psychological Effects of the Washington Football Mascot, (2013), online:
<http://www.changethemascot.org/wp-content/uploads/2013/10/DrFriedmanReport.pdf>.

More importantly, in October the White House and the U.S. Department of Education released the
White House Initiative on American Indian and Alaskan Native Education (WHIANE) School
Environment Listening Sessions Final Report which addressed the issue of mascots and stereotyped
imagery among other issues affecting Native students in public schools.
Harmful stereotypes, including via imagery and symbolism in the school environment, impact
many vulnerable populations, including those identified on the basis of race, ethnicity, and
disabilities. During the listening sessions, WHIAIANE heard concerns that the continual
presence of stereotypes in schools also psychologically damages the students who perpetuate
them. Research supports this idea, indicating that perpetuators experience increased selfesteem while engaging with stereotypes at the expense of Native students.10
The WHIANE Report contains testimony from a number of Native students about the personal
impacts they have felt from being confronted with the racist mascots and stereotypes in the school
environment.
I point out for the Board the recommendations the WHIANE Report makes to states and schools tom
minimize the harms Native mascots have on all students:
States and local school districts should consider the historical significance and context of
Native school mascots and imagery in determining whether they have a negative effect on
students, including Native American students. OCR should explore providing guidance to
schools, districts, states, and institutions of higher education regarding civil rights compliance
when hostile environments are created by the potentially harmful Native imagery and
symbolism, including school mascots and logos. OCR, states, and school districts should work
with schools to develop and implement actions to change potentially harmful imagery and
symbolism.
As mentioned above the American Psychological Association (2005), the American Sociological
Association (2007) and America Counseling Association (2001) have all passed resolutions
recommending an end to the use of Native Americans in sports, citing the damaging effects to Native
Americans.
It is clear that scientific community has demonstrated through repeated research studies that the
presence of Native mascots has a disruptive effect on the school environment and causes negative
consequences to both Native and non-Native students in terms of self-esteem, academic performance
and through an increased likelihood of students to engage in cultural stereotyping. As the
governmental entity responsible for educating our students, the School District should take the
responsible action to prevent these harms to our students.

10 US Department of Education, White House Initiative on American Indian and Alaskan Native Education, School
Environment Listening Sessions Final Report, at 39, (October 2015), online:
<http://sites.ed.gov/whiaiane/files/2015/10/school-environment-listening-sessions-final-report.pdf>.

Given the regional popular culture, the ubiquitous nature of sports coverage and MCPS policy we
have had to discuss with our son in an age appropriate manner on more than one occasion our family
relationship with our tribal communities, race and racism, why we personally don't use the R-word,
why we don't support the team and why people, including children at Highland Elementary, wear
clothing with offensive terms on them.
The display and wearing of attire with racially offensive Native mascots clearly disrupts the academic
environment and should be prohibited under the existing dress code.
Maryland State Regulations
Maryland state laws and regulations also address issues of nondiscrimination and harassment that are
relevant here. Maryland state regulations require school to provide educational environments that are
safe, appropriate for academic achievement and free from any form of harassment.11 They require a
multicultural education that prepares students by fostering mutual appreciation and respect by
educating students about diversity including race and ethnicity.12 The regulations contain several
relevant definitions including:
(5) "Discrimination" means an act of exclusion prompted by prejudice.
(6) "Diversity" means differences based on, but not limited to race, ethnicity, region,
religion, gender, language, socioeconomic status, age, and disability.
(7) "Ethnicity" means the classification or affiliation of any of the racial groups or
national divisions of people.
(12) "Racism" means unequal or discriminatory treatment of, or attitudes towards, individuals
or groups based on race.
(14) "Stereotype" means the belief that all the individuals of a certain group will be the same
and behave in the same way.
The state regulations set a goal in the criteria for instructional resources that schools assist students in
demonstrating an understanding and appreciation for cultural groups and select resources that avoid
stereotyping, discrimination and bias.13 State regulations establish a goal for schools to develop a
11 COMAR 13A.01.04.03 All students in Maryland's public schools, without exception and regardless of race, ethnicity,
region, religion, gender, sexual orientation, language, socioeconomic status, age, or disability, have the right to educational
environments that are:
A. Safe;
B. Appropriate for academic achievement; and
C. Free from any form of harassment.
12 COMAR 13A.04.05.01, Scope, B. Education that is multicultural is a continuous, integrated, multiethnic,
multidisciplinary process for educating all students about diversity and commonality. Diversity factors include but are not
limited to race, ethnicity, region, religion, gender, language, socioeconomic status, age, and individuals with disabilities. It
encompasses curricular infusion and instructional strategies in all subject areas. Education that is multicultural prepares
students to live, learn, interact, and work creatively in an interdependent global society by fostering mutual appreciation and
respect. It is a process which is complemented by community and parent involvement in support of multicultural initiatives.
13 COMAR 13A.04.05.05 Criteria for Instructional Resources.
A. Goal. To provide instructional resources which assists students in demonstrating an understanding of and appreciation for
cultural groups.
B. Selection of multicultural resources includes all of the following minimal criteria:
(1) Materials that avoid stereotyping, discrimination, bias, and prejudice;

multicultural education that enables students to develop an understanding and appreciation for
differing cultural groups and requires that schools instructional programs reflect the diversity of the
community and address racism, discrimination and prejudice.14 It also requires staff training in
multicultural education development and implementation including recognizing and correcting
stereotypes and discrimination and recognizing and correcting misrepresentations of groups.15
The COMAR clearly anticipate a multicultural student population and make affirmative commands of
educators and administrators to foster safe academic settings, combat discrimination and eliminate
stereotypes in both curriculum and instruction. Student conduct and discipline are inherently linked to
instruction and performance. State regulations clearly intend county schools to address issues of race
and stereotyping in an effort to promote multiculturalism and a pluralistic tolerant society. Allowing
staff and students to continue to wear attire which features Native mascots, including the DC
professional football team, is contradictory to the purpose and intent of the state regulations.

(2) Materials that reflect the diverse experiences relating to cultural groups and individuals;
(3) Instructional materials in all content areas that represent society as multicultural; and
(4) Human resources to help students demonstrate an understanding of and respect for cultural diversity.
14 COMAR 13A.04.05.04 Goals. A. The guidelines in BD of this regulation have been developed to assist local
school system personnel in the design, management, implementation, and evaluation of education that is multicultural in the
context of the 5-year master plan and master plan annual update cycles. The guidelines are divided into three areas of
curriculum, instruction, and staff development, each of which includes a goal statement and objectives.
C. Instruction.
(1) Goal. To provide Pre-K12 instruction which will enable students to develop an understanding of and appreciation for
cultural groups as an integral part of education for a culturally pluralistic society.
(2) The instructional program shall:
(a) Promote a school climate that reflects the diversity of the community;
(b) Promote a school climate in which different cultural linguistic patterns are respected;
(c) Promote grouping of students to reflect cultural diversity;
(d) Ensure that a student may not be denied access to equally rigorous academic instruction on the basis of cultural
background;
(e) Use instructional activities which recognize and appreciate students' cultural identities and learning styles;
(f) Address racism, sexism, bias, discrimination, and prejudice;
15 COMAR 13A.04.05.04 D. Staff Development.
(1) Goal. To include in staff development experiences that prepare school system personnel to design, manage, implement,
and evaluate multicultural education.
(2) The experiences in D(1) of this regulation include:
(a) Activities which involve professional and support staff in exploring attitudes and feelings about their own
cultural identity;
(b) Activities to identify instructional strategies, techniques, and materials appropriate for education that is
multicultural;
(c) Training in assessing the prior knowledge, attitudes, abilities, and learning styles of students from varied
backgrounds in order to develop multicultural instructional programs;
(d) Training to recognize and correct stereotyping, discrimination, bias, and prejudice;
(e) Training for fostering greater intergroup understanding;
(f) Training to recognize and correct the omissions and misrepresentations of groups and individuals in curriculum
and instruction;
(g) Training to recognize and correct inequitable participation in school activities by students and staff from
different backgrounds; and
(h) Training to identify human resources for education that is multicultural

Montgomery County Public Schools Policy

Under this Boards policy on Nondiscrimination, you have stated your intent to ensuring that students
and staff conduct themselves in a manner built on mutual respect. The Board of Education regards
discriminatory behavior, including acts of hate/violence, as not acceptable. The Board of Education
regards such behavior as grave threats to the ability of the public schools to discharge their
responsibilities to all children. 16
In this policy the Board has stated that it is your position that:
1. Public education is provided in an atmosphere where differences are understood and
appreciated, and where all persons are treated fairly and with respect in an environment free of
discrimination and threats of violence or abuse
2. Acts of violence/hate, including but not limited to verbal abuse, slurs, threats, physical
violence or conduct, vandalism or destruction of property, directed against persons because of
their race, religions, national origin, ethnic background, sexual orientation, or disability will
not be tolerated. 17
The wearing of a racial slur by staff or students, regardless of the fact that it is the name of the local
NFL franchise, where by dictionary definition it is disparaging and offensive, is inconsistent with
the position this board has taken on Nondiscrimination.
In your policy on Human Relations, you expressed a commitment to create an environment of mutual
respect and high expectations for all without regard to race, color, gender, religion, ancestry, national
origin, marital status, age, disability, or sexual orientation between staff, students and parents.18 The
Board of Education will not condone acts of insensitivity, disrespect, bias, verbal abuse, harassment,
bullying, physical violence, or illegal discrimination toward any person.
These values are echoed in the Code of Conduct for students which defines bullying, harassment, or
intimidation to include intentional conduct that creates a hostile educational environment by
interfering with a students education benefits or psychological well-being and is motivated by factors
including race.19 More importantly, this regulation also again lays out the Boards policy on
Nondiscrimination.
1. Students have a responsibility to conduct themselves in a manner built on mutual respect
and a right to be treated in the same manner.
16 Board of Education of Montgomery County, Policy on Nondiscrimination, ACB, Adopted by Resolution No. 392-79,
April 3, 1979; amended by Resolution 908-83, November 8, 1983; amended by Resolution No. 323-96, May 14, 1996,
online: <http://www.montgomeryschoolsmd.org/departments/policy/pdf/acb.pdf>.
17 Ibid.
18 Montgomery County Public Schools, Regulation on Human Relations, ACA-RA, July 5, 2005, online:
<http://www.montgomeryschoolsmd.org/departments/policy/pdf/acara.pdf>.
19 Montgomery County Public Schools, Regulation on Student Rights and Responsibilities, JFA-RA, New regulation,
August 19, 1994; revised June 27, 1997; revised July 20, 1998; revised May 24, 2000; updated office titles June 1, 2000;
revised May 23, 2002; revised April 13, 2004; revised January 25, 2006; revised June 27, 2007, revised June 13, 2008;
revised August 8, 2011; revised December 19, 2014; revised August 10, 2015.

2. All acts of hate/violence and illegal discrimination are unacceptable and intolerable and in
particular those based on race, color, national origin, religion, gender, age, marital status,
socioeconomic status, sexual orientation, physical characteristics, or disability.
Nowhere in this regulation is there reserved a right for students to wear offensive and disparaging
racial slurs, professional sports team merchandise or any combination thereof.
As such the wearing of such attire is disruptive, discriminatory, and should be prohibited by existing
current MCPS policy and Maryland law and is not within the realm of protected First Amendment
speech under the Supreme Courts Tinker precedent.
Maryland, Montgomery County and Race
This county is no stranger to the complex issues that surround race and identity in our current national
discourse. Montgomery County recently placed a box ever a Confederate monument to protect it
from repeated vandalism from Black Lives Matter protestors. Similarly Marylands relationship with
Native tribes is equally contentious, only recently bringing back from legal extinction the PiscatawayConoy Confederacy and Sub-Tribes and the Cedarville Band of Piscataway Indians tribes through a
state recognition process in 2012.20 While Montgomery County may lack historical tribal
communities, it is home to the Indian Health Service and many Native tribal members who are federal
employees. In February, students at the Sandy Spring Friends Meeting House banned the R-word
from the schools campus including student attire.21
Montgomery County reported 33 incidents in 2014 motivated by bias, ranging from vandalism to
assault.22 In August of this year, Montgomery County Police investigated the spray painting of green
swastikas in Olney. Since I began my efforts to persuade you to take action on this issue I personally
have received several derogatory emails and in October someone jammed a dining room light under
my family vehicle. MCPS spokesman Dana Tofig, reported that you have received similar complaints
from other parents on this issue in the past. While the number of complaints is current unknown to the
public, I have requested information from MCPS in regards to the number and type of incidents
MCPS has had when disciplining students for dress code violations through a public records request.
If you still dont believe Montgomery County and the DC region has a Native American race relations
problem, look to the comment section of any of the recent articles on my efforts to persuade you for a
quick example.
Other Efforts
Efforts to combat Native mascots are not exclusive to the DC region. While the DC professional
football team name has seen Congress, the President, the Daily Show, John Oliver and others weigh in
20 Alex Demetrick, Md. Native American Tribe No Longer Extinct, CBS Baltimore, (January 11, 2012), online:
<http://baltimore.cbslocal.com/2012/01/11/md-native-american-tribe-no-longer-extinct/>; Brian Witte, Md. Formally
Recognizes 2 American Indian Groups, NBC Washington, (January 9, 2012), online: <
http://www.nbcwashington.com/news/politics/Md-Formally-Recognizes-2-American-Indian-Groups-136986363.html>.
21 Moriah Balingit and John Woodrow Cox, Md. Private school bans use of R-word on campus to promote equality,
Washington Post, (February 13, 2015), online: < https://www.washingtonpost.com/local/education/md-private-school-bansuse-of-the-r-word-on-campus-to-promote-equality/2015/02/13/bdbf769c-b394-11e4-854b-a38d13486ba1_story.html>.
22 Dick Uliano, Montgomery County tallies hate crimes, WTOP, March 8, 2015, http://wtop.com/montgomerycounty/2015/03/montgomery-county-tallies-hate-crimes/

on the offensiveness of the name perhaps the most striking recent recognition of the offensiveness
came from Fox Sports, the NFL broadcaster itself. In a parody of an Adele song Ken Jeong sang the
following:
I think I finally get Adele, because loving and losings hard as hell.
Late game interceptions fill D.C. with shame.
But at least they distract folks from our racist name.
Its so racist.23
If one of the NFL broadcasters is acknowledging the controversy surrounding the racist and offensive
team name surely the Board of Education of Montgomery County Public Schools can acknowledge
that there is a problem.
Native Americans around the country are speaking up against offensive Native mascots in public
schools. In June, Madison, Wisconsin banned shirts, hats, or other items that display the name, logo
or mascot of any team that portrays a negative stereotype of American Indians.24 As I testified to you
in October, California has recently banned Native mascots statewide. In Colorado, while a statewide
bill did not pass, the Governor created a commission to study the issue which is currently underway.
Students in St. Paul, MN have requested that the school board ban merchandise from the Washington
DC professional sports team in what St. Paul school Superintendent Valeria Silva called a cry for
respect.25 In December, in McCloud, Oklahoma, a student testifying against the R-word mascot
was told to Get off the stage, squaw! when her alloted time ran out.26 After many years of litigation
in spite of the 2005 NCAA ban on Native mascots, the University of North Dakota finally changed
their name to the Fighting Hawks.27
In fact, indigenous people in Canada are making many of the same arguments in terms of mascots. In
November, Natan Obed, president of the Unuit Tapiriit Kanatami, representing 60,000 Canadian Inuit,
called on the Edmonton Eskimos to change their name.28 And in Ontario, the Human Rights Tribunal

23 Rachel McRady, Fox's NFL Sunday Parodies Adele's "Hello" Video With Ken Jeong, Rob Riggle: Watch!, US Weekly,
(November 9, 2015), online: <http://www.usmagazine.com/entertainment/news/fox-nfl-sunday-parodies-adele-hello-kenjeong-rob-riggle-2015911>.
24 Dana Ferguson, Wisconsin school district bans American Indian team logos, Chicago Tribune, (June 19, 2015), online:
<http://www.chicagotribune.com/news/local/breaking/ct-wisconsin-school-district-bans-american-indian-team-logos20150619-story.html>.
25 Josh Verges, St. Paul schools consider ban on Washington Redskins gear, Pioneer Press, (November 28, 2015), online:
<http://www.twincities.com/ci_29174238/st-paul-schools-consider-ban-washington-redskins-gear>.
26 Summer Wesley, Non-Native McCloud Community on Racist Mascot: This is who we are, Native News Online,
(December 13, 2015), online: <http://nativenewsonline.net/currents/non-native-mcloud-community-on-racist-mascot-thisis-who-we-are/>.
27 Associated Press, Fighting Hawks picked as new University of North Dakota nickname, (November 18, 2015), online <
http://espn.go.com/college-sports/story/_/id/14161748/fighting-hawks-picked-university-north-dakota-nickname>.
28 Bob Weber, Inuit group calls on CFLs Edmonton Eskimos to change name, The Globe and Mail, (November 27, 2015),
online: < http://www.theglobeandmail.com/sports/football/inuit-group-calls-on-cfls-edmonton-eskimos-to-changename/article27516639/>.

of Ontario has intervened in a parents efforts to eliminate insensitive mascots from Ontario public
schools which had received the support of Amnesty International.29
Religious groups are also active in the efforts to educate on the harms done by these racism images.
Just this week, two Jewish Reform groups called on the DC NFL team to change the name and logo.30
In 2014, the United Church of Christ called for a boycott of the team games and merchandise until the
DC professional football team changes the name. 31
The point is a litany of tribes, civil rights organizations, professional organizations, academics, and
governments have recognized the harms that these mascots cause to students, to tribes and to
American culture and our collective psyche. I am including as an attachment a list compiled by a nonprofit group Change The Mascot, of groups and individuals who have gone on record as opposing
Native mascots.32 Most importantly, Native Americans in the DC community have spoken up and
said that we are opposed to these mascots and the harms that they cause our communities and our
children. The Native American Bar Association of Washington DC, a non-profit organization of
local, volunteer Native American attorneys, passed a resolution which I am also including for the
record stating their opposition to Native mascots in schools.
Finally, I find COO Zuckermans reference to Morse v. Frederick condescending and insulting. He
wrote:
More recently, the Supreme Court has rejected the argument that it is constitutional for
school districts to prohibit any speech that could fit under some definition of offensive.
After all, much political and religious speech might be perceived as offensive to some.
Morse v. Frederick, 551 U.S. 393, 409 (2007). That cautionary note is relevant in these
circumstances as well.
His inference that I am being overly sensitive to a term that by its very definition is disparaging and
offensive is the very essence of the problem. His action is the very definition of institutional racism.
While American Indians and Alaskan Natives may make up only a small percentage of enrolled
students and families within the MCPS system, our status as a minority among minorities is a reason
we are deserving of the equal protection of the laws, policies and regulations that are already in place
to accomplish that very goal.

29 Human Rights Tribunal of Ontario, Notice of Commission Intervention under Section 32(2) of the Code Intervention
as a Party with Consent of Applicant (Form 6), December 7, 2015, online:: <
http://media.wix.com/ugd/920b9e_fda4fd83b03c44a1b085aa4f90cf1e43.pdf>; Letter from Alex Neve, Secretary General of
Amnesty International Canada to Mayor Bonnie Crombie of Mississauga, 28 October 2015, <online:
http://media.wix.com/ugd/920b9e_26808b7a67b84e7f8cbe9fce9043923d.pdf>.
30 JTA, Top Reform Groups Call for Footballs Redskins to Change Name, (December 16, 2015), forward.com, online:
<http://forward.com/news/breaking-news/327331/top-reform-groups-renew-call-for-footballs-redskins-to-change-name/>.
31 Erik Brady, Chruch group latest to boycott Redskins over name, (June 14, 2014), USA Today, online:
<http://www.usatoday.com/story/sports/nfl/redskins/2014/06/14/church-of-christ-boycott-washington-redskinsname/10524269/>.
32 Supporters of Change, ChangetheMascot.org, online: <http://www.changethemascot.org/supporters-of-change/>.

Conclusion
Native mascots, including that of the DC professional football team, worn by staff or students have no
place in Montgomery County Public Schools. Given the demonstrated harms that academic
researchers have shown to be caused by Native mascots to both Native and non-Native students, this
clearly meets the definition of disruption laid out in the 4th Circuit case of Hardwick v. Heyward.
Moreover, Maryland education regulations and current MCPS policy and regulations clearly require
corrective measures to be taken when educators encounter stereotypes, and providing a safe, nondiscriminatory educational environment. Maryland also demonstrates the history of racial tension
anticipated by the 4th Circuit given the states recent tribal recognition and the Native American
communitys action in Montgomery County that led to this Boards actions to ban Native mascots in
2001.
I realize that the DC professional football franchise team has significant support and that the numbers
of Native Americans in this community are small. As a former Congressional staffer, I also realize
that this is a political decision. That does not excuse you or MCPS from doing its lawful duty to
protect all students from being tacitly taught that casual stereotyping and that displays of affirmative
acts of racism are acceptable behavior in a multicultural environment. It is one thing for a for profit
corporation to take this stance, but for a public governmental entity to teach our students that it is
acceptable to casually stereotype groups of people is unacceptable.
The team knows they are on the wrong side of history. On December 13 they were exposed as
running a supposedly neutral grassroots organization in support of their mascot by Washington Post
sports columnist Dan Steinberg when @redskinsfacts and the team run @Redskins tweeted out
identical posts.33
Interim Superintendent Bowers in his response to my October testimony refused to use the name of
the DC NFL franchise himself, referring only to the professional football team. He also said that he
would benchmark MCPS actions to other local school districts. In October, several students ware tshirts to a Stafford county Spirit Day event which had the n-word written on them, took photos of
themselves and posted the photos to social media.34 Dr. James Stemple, principal of the high school
stated:
There are plans in place to educate the entire student body about this type of behavior,
provide counseling if needed for any student, and to work with the entire community to ensure
this type of action does not happen again.
I would also note that Fox 5 refused to even display the N-word, blurring it out during the broadcast
and on their website. Given the actions of the Stafford schools on a comparable racial slur the
benchmarking Interim Superintendent Bowers promised is clearly due.
33 Dan Steinberg via twitter.com @dcsportsbog,
<https://twitter.com/dcsportsbog/status/676118434426585088/photo/1?ref_src=twsrc%5Etfw> See also Patrick Redford,
Blunder Reveals Washington NFL Team Runs Supposed Fan Account Supporting Redskins Name, Deadspin, (December,
13, 2015), online: <http://deadspin.com/blunder-reveals-washington-nfl-team-runs-supposed-fan-a-1747811424>.
34 Tisha Lewis, Stafford County students shirts causes uproar on social media, Fox 5 DC, (October 29, 2015), online:
<http://www.fox5dc.com/news/local-news/40981396-story>.

The questions for you are twofold: Given the positions that MCPS has taken on Native mascots as
school mascots, on Nondiscrimination and Human Relations and Maryland laws regarding safe school
environments and multicultural education, is a school by school approach to complaints from parents
an acceptable response to the harms that displays of these mascots inflict on all students? ; and Will
the Montgomery County Board of Education provide a safe educational environment for all our
children and teach them to combat racism and offensive stereotypes as it did in 2001 or will it
continue to defend displays of racism by students and staff against Native Americans in our schools?
Sincerely,

Jared Hautamaki

Attachments:
U.S. Department of Education White House Initiative on American Indian and Alaskan Native
Education School Environment Listening Sessions Final Report
Dr. Michael Friedman - The Harmful Effects of the Washington Football Mascot
Native American Bar Association Resolution 2015-1, Support for the Elimination of Race-Based
Native Logos, Mascots, and Names in Publicly-Funded Educational Institutions
ChangeTheMascot.org Supporters of Change