NATIVE-AMERICAN MASCOTS, SCHOOLS, AND THE TITLE-VI HOSTILE ENVIRONMENT ANALYSIS

The use of Native American athletic mascots on school campuses has bee n the focus of increasing controversy and protest. In response, the U. S. Department of Education has begun investigating whether schools' us e of Native American mascots violates the civil rights of Native Ameri can students by creating a hostile environment. This note examines whe ther the Department of Education can correctly apply the hostile envir onment analysis to complaints over the use of Native American mascots arising within the educational setting. The note concludes that while the hostile-environment analysis is applicable in the primary school s etting, it is inapplicable in the college and university setting.