ACLU
Michigan
sohmichors
Regional Ofice
tert Westy Stet SE
Grand Rig, i «9508
(Gro a0ro89
Lalla Ofes
‘io Weet Aegan
Lansing 86955
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AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN
DISCRIMINATION COMPLAINT AGAINST
PAW PAW (MICHIGAN) PUBLIC SCHOOLS
Filed with: U.S, Departn
nt of Education ~ Office for Civil Rights
1, Name of person filing this complaint:
‘Mark P. Fancher
Saf Anornay ~ Racial astice Project
‘Arneican Civil Liberties Union of Michigan
2966 Woodward ve. Devo Mi 48201
315.578.6102 | mfaneheracluieors
2. Persons discriminated against:
thin the school district, entire communities of calor and religious groups
ate victims of an ongoing hostile educational environment. This complaint is
fled on behalf ofall victimized persons wino have been, of will be on Paw
Paw Public Schools properties in Paw Paw, Michigan, or who have been
participants in offsite activites related to the school distrit. Records
Attached to this complaint demonstrate thatthe vitims of diserimination are
not limited to specific individuals or discrete groups. The discrimination is
pervasive and affects diverse individuals and groups. Although there are
individual acts of discrimination, the problems that are the subject ofthe
complaint are systemic and require a system-wide investigation and remedy.
3. Institution responsible forthe alleged discrimination:
aw Paw Publi Schools
119 Johnson Road
Paw Paw, Michigan 49079
4. Basis of complaint:
Includes, but isnot limited to: Race, Religion, Ethnicity and National Origin5. Description of discriminatory acts:
The school district maintains an environment that is hostile toa variety of racial, religious,
thn and immigrant groups. There are ongoing acts of harassment, discrimination, bulying,
itimidation, and use of imagery and language that cause humiliation. Details ere provided
below in the Argument in Support of Complaint and in attached school records
6. Most recent date of discrimination:
Discrimination against all groups is ongoing. Most notably, use of imagery and language
harmfl to Native Americans continues, and on December 21,2018, during a basketball game
between Paw Paw High Schoo! and another school, white Paw Paw players and many oftheir
fan engaged ina bral with Afican American players from the opposing tam!
7. Is 180 day Waiver required?
No, See response to #6.
8, Have you attempted to resolve these allegations with the institution through an internal
grievance procedure, appeal or due process hearing?
'No. Efforts have been mae to communicate withthe school district and to invite its
participation in program designed to address conditions associated with institutional hostile
environments. The school district has not responded
9. Have the allegations contained in this complaint been filed with any other Federal, state
(oF local civil rights agency, or any Federal or state court?
‘The ACLU of Michigan is aware of other complaints that concern the use of imagery and
language that are harmful to Native Americans, but this complaint differs in that it ets forth
comprehensive allegations of discriminatory acts directed ata wide variety of racial, religious,
ethnic and other groups.
10, Secondary contact:
The main number forthe ACLU of Michigan is (313) 578-6800.
"A comment under a YouTube video ofthe brawl state
‘Typical spook thinks hes going fo push around a smaller white dude. Cant expect much out of
them.”11, What remedy is being sought?
Its respectfully requested thatthe Office for Civil Rights consider the facts and circumstances
present in the school district, conduct an investigation, and after making appropriate findings,
enter into a voluntary resolution agreement withthe school district forthe rehabilitation ofthe
school district's hostile racial environment and the elimination of discriminatory policies and
practices, Ifthe school district declines to enter into a voluntary resolution agreement, federal
Tunds currently earmarked for Paw Paw Public Schools should be withheld
ARGUMENT IN SUPPORT OF COMPLAINT
Introd
‘The American Civil Liberties Union (ACLU) of Michigan iles this complaint against
Paw Paw Public Schools in Paw Paw, Michigan (a respient of federal funds), Tile VI ofthe
Civil Righs Act of 1966 prohibits discrimination by any program (incung a Schoo istic)
that receives federal funding, 42 US.C. §2000d. ‘Tis law provides in part: “no person shall,
‘on the ground of race, olor or ational origin, be excluded frm participation in, be dee the
benefits of orb subjected to discrimination under any program or activity receiving Federal
financial assistance” ld The cecpient school distet maintains a racially hostile edvcational
environment which violates Tite VI ofthe Civil Rights Act. tis respectfully requested thatthe
fice for Civil Rights consider the facts and circumstances present in the school dist,
conduct an investigation, and after making appropriate findings enter int a voluntary
resolution agreement withthe school district forthe rehabilitation of the school dst’ hostile
racial environment and the elimination of discriminatory policies and practices. Inthe absence
of cooperation, the withholding of federal funds ean be used to enforce the Civil Rights Act.