State orders upstate school district to drop Native American mascot and imagery

A culture war is brewing in the State of New York, as an upstate school district is challenging the Department of Educations' order that the district get rid of Native American imagery as the school mascot.

The case is Cambridge Central School District v. New York State Education Dept. The trial court ruling issued on June 22, 2022. It all started when the district was petitioned in October 2020 to consider abandoning the mascot name "Indians" and related imagery of a Native American wearing a Plains Indians-style headdress. This happened because in 2001, the State encouraged, but did not mandate, school districts to consider these mascots. 

In December 2020, the district voted to embark on an eight-month review of this issue, which involved soliciting public comment at school board meetings, reviewing hundreds of pages of academic studies on the use of Native American imagery by other school districts and professional and collegiate sports teams, and reviewing its own diversity policy. 

Following the eight-month review, on June 17, 2021, the school board voted to end the use of the "Indians" name and imagery. But on July 8, 2021, probably because of public pressure, the board voted to reverse itself and renewed its commitment to the "Indians" name and logo as a mascot for the time being. In changing its mind, the board did not undertake "formal efforts to reach out again to the community or to consult anew with other stakeholders, resources or educational professionals in connection with the July resolution" to retain the mascot. The State Education Commissioner determined that the school board's "unexplained reversal" of the June 2021 resolution was arbitrary and capricious in violation of state law. Moreover, the Commissioner said, even if the three-week change of mind had no basis in reason, "the retention of the 'Indians' mascot, name and imagery was itself an abuse of discretion on the part of the [School] Board." the Commissioner said.

That is how this dispute wound up in state court in Albany County: the school district wants to overturn the Education Commissioner's determination. The school district loses the case because, under state law, an administrative decision is only illegal if it is arbitrary and capricious and an abuse of discretion. That is not the case here, State Supreme Court said. An administrative decision is not arbitrary and capricious even if there are good arguments against that decision. Courts will not second-guess the judgment of an administrative agency if that judgment is not arbitrary and capricious. 

The court defers to the Education Commissioner because a school board cannot adopt a nickname, mascot or logo that interferes with the creation of a "safe and supportive environment that promotes the achievement of learning standards for all student." In addition, "a board will be determined to have abused its discretion if it changes its position from a prior approved course of action without explanation." While the school board first undertook an extensive review in deciding to get rid of the "Indian" name and mascot, the Commissioner found "the July resolution was entirely lacking in the evidence-based findings which impelled its June resolution." The school board did not change its mind on the basis of compelling evidence; it gave this issue "short shrift" only three weeks later, without reviewing objective evidence. It was also unclear, the Commissioner said, why the district deviated from its diversity policy.

This is a divisive issue. The discussion on my hometown Facebook page has been debating this issue ever since the state told the school district to dispense with the Chiefs logo or risk losing state education funding. Most of the commentators are in favor of keeping the Chiefs as the nickname and mascot. The trial court's on this issue is not the final word, as the Cambridge district is appealing to the Appellate Division. Since it filed the notice of appeal on July 19, 2022, their paperwork in the appellate court is due in January 2023.. A decision will most likely come down in 2023.