The Shasta County district attorney's office is weighing the possible filing of assault and hate crime charges against a Shasta Lake man who allegedly attacked an 18-year-old Native American boy last month.

Family members say the man also threatened the teen and his mother with a firearm while screaming racial and obscene slurs at them.

Kelly Kafel, senior deputy district attorney, said Friday she is continuing to review a case submitted by the Shasta County sheriff's office that recommends criminal charges be filed against Charles Petrisevac, 36.

But Kafel said she has asked sheriff's officials for more information, and also is likely to ask a DA investigator to conduct a separate probe before deciding whether to prosecute him.

"We want to be thorough," she said.

Petrisevac has an unlisted telephone number and could not be reached Friday for comment.

April Carmelo, 45, who wants the case to be prosecuted as a hate crime and recently went before the Shasta Lake City Council to discuss it, alleges in court records that her son, Sage Frank, was assaulted by Petrisevac on the night of Aug. 23 as he was skateboarding with his two cousins outside their Shasta Lake home.

In a civil harassment restraining order she obtained against Petrisevac, Carmelo claims her son was "sucker punched" by their neighbor, who repeatedly yelled "white power" and threatened to kill them both.

Petrisevac denied the statements made by Carmelo in her declaration for the restraining order but did not object to it, electronic court documents show.

According to court documents, Frank said he was skateboarding with his cousins when he saw a man, whom he described as drunk, walking his dog and yelling obscene racial insults at him.

A verbal confrontation broke out, with Frank saying the man "sucker-punches me in my left eye and takes off running."

Frank wrote in his declaration that he chased after him and threw his skateboard at him but missed.

According to his and his mother's written statements, Carmelo arrived in her sport utility vehicle after Petrisevac had run inside his Lassen Street home only to come out with a rifle or shotgun.

As Petrisevac told Frank to run away, again using a racial epithet, Carmelo drove her SUV between the pair to better separate them, Frank said in a written statement to the court.

"He then points his gun at my mom and is yelling 'white power' and threatening to shoot her," he wrote.

A neighbor, he said, also joined in yelling "white power" and Frank left after being ordered to do so by his mother.

Shasta County sheriff's deputies later arrived but did not arrest Petrisevac, much to the annoyance of Carmelo and her family.

Her husband, Cameron Frank, is a write-in candidate in the November Shasta Lake City Council election.

Sheriff's captain Forrest Bartell, who disagrees with family assertions that deputies did next to nothing at the scene, said no arrests were made because of conflicting information provided by both sides. "There was too much confusion," he said. "There were too many conflicting statements to hook people up."

But deputies reinterviewed those involved the next day and submitted their report to the district attorney's office that night, recommending the prosecution of Petrisevac and that a hate crime be considered, Bartell said.

"To say there was nothing done is 180 degrees from the truth," he said.

Nevertheless, Carmelo said she was stunned when she saw Petrisevac jogging past her home the morning after the incident.

"When I looked at him in surprise of the fact he wasn't in jail, he pushed out his chest and said 'yeh' (and) then ran off," she wrote.

‎2009 WISCONSIN ACT 250
An Act to amend 118.51 (13); and to create 118.134 of the statutes; relating to: the use of race-based nicknames, logos, mascots, and team names by school boards, providing an exemption from emergency rule procedures, requiring the exercise of rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 118.134 of the statutes is created to read:
118.134 Race-based nicknames, logos, mascots, and team names. (1) Notwithstanding s. 118.13 and except as provided in sub. (3m), a school district resident may object to the use of a race-based nickname, logo, mascot, or team name by the school board of that school district by filing a complaint with the state superintendent. If the complainant objects to the use of a nickname or team name by the school board, the state superintendent shall immediately review the complaint and determine whether the use of the nickname or team name by the school board, alone or in connection with a logo or mascot, is ambiguous as to whether it is race-based. The state superintendent shall do all of the following:
(a) Notify the school board of the receipt of the complaint and of the state superintendent's determination regarding whether the use of the nickname or team name is ambiguous as to whether it is race-based and direct the school board to submit, if applicable, any of the information under sub. (1m) (a).
(b) Except as provided in sub. (1m), schedule a contested case hearing within 45 days after the complaint is filed.
(1m) (a) The state superintendent may determine that no contested case hearing is necessary or that a hearing date may be postponed for the purpose of obtaining additional information from the school board if, no later than 10 days after being notified of the receipt of the complaint, the school board submits evidence to the state superintendent that demonstrates all of the following:
1. The nickname, logo, mascot, or team name that is used by the school board and that is the basis of the complaint is a reference to or depiction or portrayal of or the name of a specific, federally recognized, American Indian tribe.
2. The federally recognized American Indian tribe under subd. 1. has granted approval to the school board to refer to or depict or portray the tribe in a nickname, logo, or mascot or to use the name of the tribe as a team name in the specific manner used by the school board and has not rescinded that approval.
3. The use of the nickname, logo, mascot, or team name that has been approved by the tribe as provided in subd. 2. is the use to which the school district resident objects in the complaint filed under sub. (1).
(b) If the state superintendent does any of the following, the state superintendent shall notify the school district resident who filed the complaint under sub. (1) and the school board of his or her decision in writing:
1. Determines that a contested case hearing is not necessary. A decision under this subdivision is subject to judicial review under ch. 227.
2. Postpones a hearing date as provided in par. (a).
(2) (a) Except as provided in par. (b), at the hearing, the school board has the burden of proving by clear and convincing evidence that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
(b) 1. Except as provided in subd. 2., if the state superintendent determined under sub. (1) that the use of a nickname or team name by a school board is ambiguous as to whether it is race-based, the use of the nickname or team name by the school board shall be presumed to be not race-based and at the hearing the school district resident who filed the complaint under sub. (1) has the burden of proving by clear and convincing evidence that the use of the nickname or team name by the school board promotes discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
2. If the state superintendent determined under sub. (1) that the use of a nickname or team name by a school board is ambiguous as to whether it is race-based but that the use of the nickname or team name in connection with a logo or mascot is race-based, at the hearing the school board has the burden of proving by clear and convincing evidence that the use of the nickname or team name in connection with the logo or mascot does not promote discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.
(3) (a) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the complaint. Except as provided in par. (b), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the race-based nickname, logo, mascot, or team name within 12 months after issuance of the order.
(b) 1. In this paragraph, "extenuating circumstances" includes circumstances in which the costs of compliance with an order issued under par. (a) pose an undue financial burden on the school district and circumstances in which the work or the requirements for bidding a contract to complete the work required to bring the school district into compliance with the order issued under par. (a) cannot be completed within 12 months after the issuance of the order.
2. a. If, at the hearing under sub. (2) or after a decision and order have been issued under par. (a), the school board presents evidence to the state superintendent that extenuating circumstances render full compliance with the decision and order within 12 months after the issuance of that decision and order impossible or impracticable, the state superintendent may issue an order to extend the time within which the school board must terminate its use of the race-based nickname, logo, mascot, or team name. Except as provided in subd. 2. b., the extension may not exceed 24 months and shall apply only to those portions of the decision and order to which extenuating circumstances apply.
b. The state superintendent may extend the time granted to a school board under subd. 2. a. if the school board presents evidence to the state superintendent that compliance with a portion of the decision and order issued under par. (a) may be accomplished through a regularly scheduled maintenance program and that the cost of compliance with that portion of the decision and order exceeds $5,000. The extension granted under this subd. 2. b. may not exceed 96 months and applies only to that portion of the decision and order with which compliance will be accomplished through the regularly scheduled maintenance program and that costs more than $5,000.
(c) Decisions of the state superintendent under this subsection are subject to judicial review under ch. 227.
(3m) A pupil attending a public school in a nonresident school district under s. 118.51 may not file a complaint under sub. (1) in which the pupil objects to the use of a race-based nickname, logo, mascot, or team name by the school board of the nonresident school district.
(4) The state superintendent shall promulgate rules necessary to implement and administer this section.
(5) Any school board that uses a race-based nickname, logo, mascot, or team name in violation of sub. (3) shall forfeit not less than $100 nor more than $1,000. Each day of use of the race-based nickname, logo, mascot, or team name in violation of sub. (3) constitutes a separate violation.
Section 2. 118.51 (13) of the statutes is amended to read:
118.51 (13) Rights and privileges of nonresident pupils. A Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.
Section 3. Nonstatutory provisions.
(1) The department of public instruction shall submit in proposed form the rules required under section 118.134 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
(2) Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate rules required under section 118.134 (4) of the statutes, as created by this act, for the period before the effective date of the rules submitted under subsection (1), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

Duty to Protect Students

Local Educational Agencies responsibilty to students.

Access to quality education is a fundamental right of every student and is fully guaranteed and protected by the California Constitution. Education plays a central role in our society and numerous laws are designed to promote equality in educational opportunities and to safeguard all students from discriminatory practices in public schools.

The duty to protect children in the public schools from discrimination, harassment, intimidation and bullying is the responsibility of the local education agency (LEA). California Education Code (EC) Section 200 et seq., is a comprehensive statutory scheme, which prohibits discrimination on the basis of various protected groups. Specifically, Education Code Section 220 prohibits discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes as described in Penal Code Section 422.55.

At a minimum, LEAs are to have taken the following steps:

·       Adopt a policy that prohibits discrimination and harassment, intimidation, and bullying based on the characteristics set forth in the Penal Code Section 422.55 and Education Code Section 220. The policy shall include a statement that it applies to all acts related to school activity or school attendance within a school under the jurisdiction of the superintendent of the school district. In addition, the policy is to require that school personnel take immediate steps to intervene when he or she witnesses an act of discrimination, harassment, intimidation or bullying and when it is safe to do so. (Education Code sections 201, 234.1[a] and 48900; California Code of Regulations, Title 5, [5 CCR] sections 4900, 4902, and 4950.)

·       Adopted and implemented a complaint process to receive, investigate, and resolve allegations of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics contained in Section 422.55 of the Penal Code and Section 220; and shall include, but not limited, to the following: (Education Code sections 234.1[b] and 260; 5 CCR sections 4621 and 4960[a])

o   A timeline for the investigation and resolution of complaints of discrimination, harassment, intimidation, or bullying that all schools under the jurisdiction of the district will follow.

o   Provide an appeal process to the complainant should he or she disagree with the resolution of the complaint.

o   All forms created relative to this process shall be translated pursuant to Section 48985.

·       Identified the person in the LEA responsible for implementation of the discrimination and harassment policy and the person responsible for investigating complaints, as well as ensuring compliance with Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and Chapter 2 (commencing with Section 200). (Education Code Section 234.1(g); 5 CCR sections 4621(b) and 4961).

·       Publicized information annually to parents, and students, employees, agents of the governing board and general public regarding discrimination, harassment, intimidation, and bullying policies and complaint procedures and how to contact the person responsible for implementation. This information is to be translated according to Section 48985. (Education Code sections 234.1[c], 35291, 48980[a] and [g]; 5 CCR sections 4622 and 4960[b]).

·       Adopted curriculum and instructional methods and materials, and electronic communication policies that promote a safe environment free of discrimination and harassment. (Education Code sections 233[b][1]; 241; 32261 and).

·       Investigated all allegations of discrimination and implemented effective corrective actions whenever necessary and appropriate; maintain documentation of complaints and their resolution for a minimum of one review cycle; and ensure that complainants are protected from retaliation and the identify remains confidential. (Education Code sections 234.1[b][e][f] 260; 5 CCR sections 4621 and 4962.)

·       Posted policies prohibiting discrimination, harassment, intimidation and bullying in all schools and offices, which include staff lounges and student government meeting rooms. (Education Code Section 234.1[d]).

Discrimination, harassment, intimidation, and bullying of students based on their protected status can have a profound and prolonged adverse effect on the students’ ability to benefit from public education and maximize their potential. The responsibility to protect all students rests primarily with the LEAs under numerous laws set forth above.

Therefore, all LEAs are urged to review their discrimination policies and complaint procedures, and ensure that they are consistent with current laws, adequately disseminated, and fully implemented.

Nondiscrimination In Public Schools Brochure (DOC; Posted 03-Jul-2012)

Not for Sport

Barbara Munson

http://www.tolerance.org/magazine/number-15-spring-1999/not-sport

Number 15: Spring 1999

In April 1991 when my daughter Christine wrote a letter to her principal about her high school's "Indian" mascot and logo, I did not realize that the issue would lead our family to activism on the state and national level. Whether the problem surfaces in New York state; Los Angeles County; Tacoma, Wash.; or Medford, Wis., I have found that it is framed by the same questions and themes.

"We have always been proud of our 'Indians.'"
Most communities are proud of their high school athletic teams, yet school traditions involving Native American imagery typically reflect little pride in or knowledge of Native cultures. These traditions have taken the trappings of Native cultures onto the athletic field where young people have played at being "Indian." Over time, and with practice, generations of children in these schools have come to believe that their "Indian" identity is more than pretending.

"We are honoring Indians; you should feel honored."
Native people are saying that they don't feel honored by this symbolism. We experience it as no less than a mockery of our cultures. We see objects sacred to us -- such as the drum, eagle feathers, face painting and traditional dress -- being used not in sacred ceremony, or in any cultural setting, but in another culture's game.

Among the many ways Indian people express honor are: by giving an eagle feather, which also carries great responsibility; by singing an honor song at a powwow or other ceremony; by showing deference toward elders, asking them to share knowledge and experience with us or to lead us in prayer; by avoiding actions that would stifle the healthy development of our children.

While Indian nations have the right to depict themselves any way they choose, many tribal schools are examining their own uses of Indian logos and making changes. Native American educators, parents and students are realizing that, while they may treat a depiction of an Indian person with great respect, such respect is not necessarily going to be accorded to their logo in the mainstream society.

"Why is an attractive depiction of an Indian warrior just as offensive as an ugly caricature?"
Both depictions uphold stereotypes. Both firmly place Indian people in the past, separate from our contemporary cultural experience. It is difficult, at best, to be heard in the present when someone is always suggesting that your real culture only exists in museums. The logos keep us marginalized and are a barrier to our contributing here and now.

Depictions of mighty warriors of the past emphasize a tragic part of our history; focusing on wartime survival, they ignore the strength and beauty of our cultures during times of peace. Many Indian cultures view life as a spiritual journey filled with lessons to be learned from every experience and from every living being. Many cultures put high value on peace, right action and sharing.

"We never intended the logo to cause harm."
That no harm was intended when the logos were adopted may be true. It is also true that we Indian people are saying that the logos are harmful to our cultures, and especially to our children, in the present. When someone says you are hurting them by your action, then the harm becomes intentional if you persist.

"Aren't you proud of your warriors?"
Yes, we are proud of the warriors who fought to protect our cultures from forced removal and systematic genocide and to preserve our lands from the greed of others. We are proud, and we don't want them demeaned by being "honored" in a sports activity on a playing field.

Indian men are not limited to the role of warrior; in many of our cultures a good man is learned, gentle, patient, wise and deeply spiritual. In present time as in the past, our men are also sons and brothers, husbands, uncles, fathers and grandfathers. Contemporary Indian men work in a broad spectrum of occupations, wear contemporary clothes, and live and love just as men from other cultural backgrounds do.

The depictions of Indian "braves," "warriors" and "chiefs" also ignore the roles of women and children. Many Indian Nations are both matrilineal and child-centered. Indian cultures identify women with the Creator, because of their ability to bear children, and with the Earth, which is Mother to us all. In most Indian cultures the highest value is given to children -- they are closest to the Creator and they embody the future.

"This logo issue is just about political correctness."
Using the term "political correctness" to describe the attempts of concerned Native American parents, educators and leaders to remove stereotypes from the public schools trivializes a survival issue. Systematic genocide over four centuries has decimated more than 95 percent of the indigenous population of the Americas. Today, the average life expectancy of Native American males is 45 years. The teen suicide rate among Native people is several times higher than the national average. Stereotypes, ignorance, silent inaction and even naive innocence damage and destroy individual lives and whole cultures. Racism kills.

"What if we drop derogatory comments and clip art and adopt pieces of 'real' Indian culture, like powwows and sacred songs?"
Though well-intended, these solutions are culturally naive and would exchange one pseudo-culture for another. Powwows are religious as well as social gatherings that give Native American people the opportunity to express our various cultures and strengthen our sense of Native community. To parody such ceremonial gatherings for the purpose of cheering on the team at homecoming would compound the current offensiveness. Similarly, bringing Native religions onto the secular playing field through songs of tribute to the "Great Spirit" or Mother Earth would only heighten the mockery of Native religions that we now see in the use of drums and feathers.

"We are helping you preserve your culture."
The responsibility for the continuance of our cultures falls to Native people. We accomplish this by surviving, living and thriving; and, in so doing, we pass on to our children our stories, traditions, religions, values, arts and languages. We sometimes do this important work with people from other cultural backgrounds, but they do not and cannot continue our cultures for us. Our ancestors did this work for us, and we continue to carry the culture for the generations to come. Our cultures are living cultures -- they are passed on, not "preserved."

"Why don't community members understand the need to change; isn't it a simple matter of respect?"
On one level, yes. But in some communities, people have bought into local myths and folklore presented as accurate historical facts. Sometimes these myths are created or preserved by local industry. Also, over the years, athletic and school traditions grow up around the logos. These athletic traditions can be hard to change when much of a community's ceremonial and ritual life, as well as its pride, becomes tied to high school athletic activities.

Finally, many people find it difficult to grasp a different cultural perspective. Not being from an Indian culture, they find it hard to understand that things that are not offensive to themselves might be offensive or even harmful to someone who is from a Native culture. Respecting a culture different from the one you were raised in requires some effort -- interaction, listening, observing and a willingness to learn.

We appreciate the courage, support and, sometimes, the sacrifice of all who stand with us by speaking out against the continued use of "Indian" logos. When you advocate for the removal of these logos, you are strengthening the spirit of tolerance and justice in your community; you are modeling for all our children thoughtfulness, courage and respect for self and others. 

Forget The Heels: What It Takes To Be Miss Navajo

http://www.npr.org/2012/09/08/160789972/forget-the-heels-what-it-takes-to-be-miss-navajo?sc=tw

The Miss Navajo contest is not your typical beauty pageant. Instead of swimsuits and high heels, you get turquoise and moccasins. One of the talent competitions is butchering sheep, and speaking Navajo is a must.

The Navajo Nation will crown this year's winner on Saturday night. It's sweltering during the competition, and throngs of people have gathered under a giant tent where some small campfires burn. The smoky cedar masks the smell of raw mutton while young women work in teams. They must decide who cuts the sheep's throat, who removes the stomach and who quarters the carcass.

Contestants sweat under the traditional Navajo dress of velvet, satin and layers of turquoise jewelry. One petite woman struggles to lift an enormous, slippery stomach out of her sheep. Judges circle and scrutinize.

Immediately after the women finish, they must answer impromptu questions in Navajo, like, "What are you supposed to do with the sheep's head?"

One contestant answers, "Wrap it in aluminum foil and put it on the fire."

The crowd boos in response because they don't like her answer — and because she switches to English. The event is intended to show whether these women can multitask, stay calm under pressure and most importantly, first-time contestant Wallitta Begay says, prove their understanding of Navajo customs.

"It's an essence of who you are and who your family is, who your community is," she says. "And you're not just representing yourself. You're representing your community ... when you compete, and once you get the title, you're representing an entire nation."

Begay says she's been butchering sheep with her grandmother since she was 12. For her, speaking Navajo is the hardest part of the competition. Most of the contestants grew up speaking English because their parents knew little Navajo. Many of the older generation had to attend government-run boarding schools and were pushed to assimilate into American culture.

"This whole entire generation ... our parents' generation, they were raised to think Navajo was bad to speak. They tied the language and reservation with failure," Begay says.

More people today believe that the language is a part of their identity and the Navajo identity is something to be proud of. Contestant Charlene Goodluck says you can hear that pride in the language that families use when they talk to each other.

"When a grandmother ... uses terms of endearment with her child, it means 'my granddaughter' or 'my daughter' or 'my child.' It gives that child a sense of belonging," she says.

Goodluck says growing up off the reservation in Albuquerque, N.M., she felt distant from her culture.

"A lot of our youth today are experiencing that loss of not having anywhere to go or having a home," she says.

Goodluck's own grandmother taught her, "If you don't know who you are, you don't know where you're going. If you don't know where you're going, you're lost." Her grandmother always wanted her to be Miss Navajo, and Goodluck's family has sacrificed a lot of time and money for her to compete. This is her third attempt at the crown.

"I want it so bad I can taste it. I'm starting to visualize it," she says. Goodluck, who was Miss Northern Navajo, has received a bit of advice from previous winners: "Tell yourself you're Miss Navajo. Look in the mirror and say, 'I am Miss Navajo!'"

This report was done in collaboration with Fronteras: The Changing America Desk, a public radio reporting project that focuses on the changing demographics in the American Southwest.