Native American Mascots, Schools, and the Title VI Hostile Environment Analysis
Daniel J. Trainor   |   1995 U. Ill. L. Rev.

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