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ACLU Sues School District, Says Native American Students Faced Discrimination
The American Civil Liberties Union of New Mexico Wednesday sued the state’s largest school district and a former teacher over a 2018 incident where the teacher allegedly cut a Native American student’s hair during class on Halloween and asked another student if she was dressed as a “bloody Indian.”
The ACLU’s complaint against Albuquerque Public Schools and the former teacher, Mary Jane Eastin, contends she created a hostile learning environment and discriminated against McKenzie Johnson, who is Navajo. The group also claims the school district failed to properly train teachers and provide for student safety.
The lawsuit follows discrimination charges filed in May 2019 with the New Mexico Human Rights Bureau by Johnson. The school district denied the allegations and the bureau did not reach a determination, clearing the way for the lawsuit.
Case would set precedent
The case is aimed at establishing a clear precedent that New Mexico’s anti-discrimination protections extend to students in public schools, said Preston Sanchez, an attorney at the ACLU of New Mexico. It also seeks unspecified financial damages.
“Not only must we ensure Native American students feel safe behind school walls, but we must also do everything in our power to ensure that they are treated with the dignity and respect they deserve,” Sanchez said.
School officials declined to comment on the case. Eastin has an unlisted phone number and it wasn’t immediately clear if she had an attorney.
The school district’s superintendent issued a public apology after the allegations emerged and told parents that Eastin would not return to Cibola High School, where she taught English.
School officials said later that Eastin’s employment with the school district ended in 2018 but did not disclose if she quit or was fired. They also said they would address racism and cultural sensitivity at all schools in the district.
Cultural sensitivity
Leaders from the Navajo Nation had called on the district to provide cultural sensitivity training. While they described the teacher’s acts as part of a “Halloween stunt,” they said one teen’s parents told them it was traumatizing.
According to the lawsuit, Eastin had dressed as a voodoo witch on Halloween and planned a game for her advanced English class in which she asked students questions and then rewarded those who answered correctly with marshmallows and gave dog food to those who answered incorrectly.
The lawsuit states that at one point, Eastin approached a Native American student and asked her if she liked her braids and then allegedly cut the tip of the girl’s hair with scissors.
Eastin also was accused of then asking another student, identified as Johnson, if she was dressed as a “bloody Indian.” The girl’s mother later told reporters her daughter was dressed for Halloween as Little Red Riding Hood with a red paw mark on her face.
The ACLU contends in the complaint that Johnson’s reputation was harmed and that she suffered personal injuries, including emotional distress.
Johnson has since recounted her story during school board meetings and at a Native American community forum hosted by the school district. She has said more needs to be done to address cultural sensitivity in Albuquerque’s schools.
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Trump administration opens antisemitism inquiries at 5 colleges, including Columbia and Berkeley
The Trump administration is opening new investigations into allegations of antisemitism at five U.S. universities including Columbia and the University of California, Berkeley, the Education Department announced Monday.
It's part of President Donald Trump's promise to take a tougher stance against campus antisemitism and deal out harsher penalties than the Biden administration, which settled a flurry of cases with universities in its final weeks. It comes the same day the Justice Department announced a new task force to root out antisemitism on college campuses.
In an order signed last week, Trump called for aggressive action to fight anti-Jewish bias on campuses, including the deportation of foreign students who have participated in pro-Palestinian protests.
Along with Columbia and Berkeley, the department is now investigating the University of Minnesota, Northwestern University and Portland State University. The cases were opened using the department's power to launch its own civil rights reviews, unlike the majority of investigations, which stem from complaints.
Messages seeking comment were left with all five universities.
A statement from the Education Department criticized colleges for tolerating antisemitism after Hamas' Oct. 7, 2023, attack on Israel and a wave of pro-Palestinian protests that followed. It also criticized the Biden administration for negotiating "toothless" resolutions that failed to hold schools accountable.
"Today, the Department is putting universities, colleges, and K-12 schools on notice: this administration will not tolerate continued institutional indifference to the wellbeing of Jewish students on American campuses," said Craig Trainor, the agency's acting assistant secretary for civil rights.
The department didn't provide details about the inquiries or how it decided which schools are being targeted. Presidents of Columbia and Northwestern were among those called to testify on Capitol Hill last year as Republicans sought accountability for allegations of antisemitism. The hearings contributed to the resignation of multiple university presidents, including Columbia's Minouche Shafik.
An October report from House Republicans accused Columbia of failing to punish pro-Palestinian students who took over a campus building, and it called Northwestern's negotiations with student protesters a "stunning capitulation."
House Republicans applauded the new investigations. Representative Tim Walberg, chair of the Education and Workforce Committee, said he was "glad that we finally have an administration who is taking action to protect Jewish students."
Trump's order also calls for a full review of antisemitism complaints filed with the Education Department since Oct. 7, 2023, including pending and resolved cases from the Biden administration. It encourages the Justice Department to take action to enforce civil rights laws.
Last week's order drew backlash from civil rights groups who said it violated First Amendment rights that protect political speech.
The new task force announced Monday includes the Justice and Education departments along with Health and Human Services.
"The Department takes seriously our responsibility to eradicate this hatred wherever it is found," said Leo Terrell, assistant attorney general for civil rights. "The Task Force to Combat Anti-Semitism is the first step in giving life to President Trump's renewed commitment to ending anti-Semitism in our schools."
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