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ACLU Michigan sohmichors Regional Ofice tert Westy Stet SE Grand Rig, i «9508 (Gro a0ro89 Lalla Ofes ‘io Weet Aegan Lansing 86955 (erne-0503 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 Origin 5. 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.