Senate Approves Fair Process for Mascot Debate

Madison- State Senator Mary Lazich (R-New Berlin) released the following statement after the State Senate approved 2013 Assembly Bill 297 (AB 297) about nicknames, logos, mascots, and school district team names.  AB 297 was approved with a vote of 17-16.

“We  are able to provide school districts  a fundamentally fair solution to the mascot debate,” said Lazich.  “We do not protect inappropriate or harmful mascots.  The bill establishes a fair due process.”

 “The current system is an embarrassment to due process.  It lacks the ability for schools to have a fair opportunity and forces them to overcome a presumption of guilt in a kangaroo court.”

AB 297 establishes:

·     Complaints have signatures from 10 percent of the school district membership. 

·     Provides due process requiring the complainant bear the burden of proving with clear and convincing evidence the mascot, nickname, or logo promotes discrimination, pupil harassment, or stereotyping.    

·     Requires the complaint be heard by the Division of Hearings and Appeals rather than the Department of Public Instruction.  The Division of Hearings and Appeals routinely conducts hearings on administrative law issues.

·     Allows mascots, nicknames, and logos approved by a tribe are exempt from challenges.  Allowing approval by a group supposedly offended is a logical process.