Native American and black students face racial and sexual discrimination from students and staff in Eureka and Loleta according to a federal civil rights lawsuit filed today by the American Civil Liberties Union of Northern California and the National Center for Youth Law.
The suit alleges that top officials in the Eureka City Schools District “subject Black and Native American children to a racially hostile educational environment by allowing pervasive racial harassment to persist unchallenged,” according to a press release. The two groups also joined with California Indian Legal Services to ask the Office for Civil Rights to investigate racial discrimination in the Loleta Union School District.
The groups allege that school officials in Eureka intentionally discriminate against black and Native American students, disciplining those students more harshly than white ones, subjecting them to a “racially hostile educational environment” and pushing them out of mainstream schools into alternative schools. They also say school officials tolerate weekly traditions such as “titty-twisting Tuesdays” and “slap-ass Fridays,” where, according to the press release, “students have their nipples, breasts and buttocks grabbed and hit in school hallways, locker rooms and other areas of district schools.”
Defendants named in the suit include members of the Eureka City Schools District Board of Education, District Superintendent Fred Van Vleck and other school officials.
The complaint against Loleta Union School District says the physical and verbal abuse levied at Native American students is perpetuating racist behavior in the region that dates back nearly 150 years.
You can read the complaint against the Eureka City Schools District
. And
is the Loleta complaint. The full press release is below.
Addendum: The Bear River Band of Rohnerville Rancheria passed a resolution supporting the Office of Civil Rights complaint. Read it
.
SAN FRANCISCO – The American Civil Liberties Union of Northern California and the National Center for Youth Law Wednesday charged that school officials in the Humboldt County towns of Loleta and Eureka, home to some of the state’s largest Native American communities, intentionally discriminate against Native American and Black students, and students with disabilities, levying disproportionate levels of discipline for minor infractions and forcing them out of mainstream schools at disproportionate rates.
In a federal civil rights lawsuit filed in U.S. District Court for the Northern District of California, the groups allege that top officials in the Eureka City Schools District subject Black and Native American children to a racially hostile educational environment by allowing pervasive racial harassment to persist unchallenged, intentionally pushing Native American students out of mainstream schools and into alternative schools, and teaching students racially-offensive and culturally-denigrating curricula. School district staff also witness without any intervention, and even participate in, what have become weekly traditions called “titty-twisting Tuesdays” and “slap-ass Fridays,” where students have their nipples, breasts and buttocks grabbed and hit in school hallways, locker rooms and other areas of district schools.
Also on Wednesday, the groups joined with California Indian Legal Services to file a complaint with the U.S. Department of Education asking that the Office for Civil Rights investigate what the groups charge is ongoing racial discrimination against Native American students by Loleta Union School District employees. Filed on behalf of the Wiyot Tribe of the Table Bluff Rancheria and with the support of the Bear River Band of Rohnerville Rancheria, the complaint charges that staff at Loleta Elementary School physically assault Native American students, use racial slurs in front of Native American students and routinely suspend or expel Native American students for minor behavioral infractions.
“Black and Native American students in Eureka and Loleta are routinely subjected to unacceptable and unconstitutional racially discriminatory treatment,” said Michael Harris, senior attorney with the National Center for Youth Law. “All students in California, regardless of race or gender, must receive equal educational opportunity and the chance to reach their full academic potential.”
The lawsuit, which names as defendants the members of the Eureka City Schools District Board of Education and the district’s superintendent, among other school officials, charges that blatant racial harassment occurs regularly as white students frequently use racial slurs to refer to Black students and commit violence against Native American and Black students without ever being disciplined by school staff.
Native American and Black students are also disciplined differently and much more harshly than white students. According to school district data from the 2011-2012 school year, Black students were suspended from some Eureka schools at a rate as much as five times higher than their enrollment rate while Native American students were suspended from some schools at a rate three times higher than their enrollment rate. Comparatively, white students are suspended at or about their rate of enrollment in district schools. Additionally, Native American students are pushed out of mainstream schools and into county-run community schools designed for high-risk youth and which do not appropriately prepare students planning to attend college. The Native American population at the Eureka Community School was three times higher than their overall district enrollment rate in 2011-2012, district data shows.
District curriculum also ignores or actively affronts the racial and cultural history of Native American and Black students by utilizing materials that use the word “savage,” “negro,” and “nigger” without examining the offensiveness or historical context of those terms.
“Despite repeated complaints to school district staff and administrators, students of color in Eureka have continued to be subjected to racially and sexually hostile school climates,” said Jory Steele, managing attorney and director of education equity for the ACLU of Northern California. “It is imperative that school officials be held accountable for failing to uphold their constitutional obligation to ensure that all Eureka students are protected from harassment and discrimination.”
According to the Office for Civil Rights complaint, the physical and verbal abuse that Native American students in Loleta are subjected to is a perpetuation of a historical practice of Native American marginalization that dates back nearly 150 years. Modern day examples of Loleta students having their ears grabbed by the school superintendent who then exclaims, “See how red it’s getting?” or school district staff referring to Native American students during a school board meeting as “goats” and “sheep,” are reminiscent of the reports of pervasive physical abuse and malnourishment at the boarding schools Native Americans were sent to beginning in the late 1870’s.
American Indian and Alaskan Native students have less access to educational resources in California than students from any other ethnic group, according to a 2012 report, and Humboldt County reflects that disturbing trend: less than 10 Native American students in all of Humboldt County completed the course requirements necessary to gain admittance to a California State University or University of California school during the 2010-2011 school year.
“Eradicating all forms of discrimination from the school system in Loleta is key to ensuring that Native American students are able to achieve educational and professional success,” said Delia Parr, directing attorney for California Indian Legal Services. “Denying Native Americans equal educational opportunities only serves to ensure they will experience poorer educational and socioeconomic outcomes, and that is a cycle that must be broken.”
This article appears in Humboldt Outside.


Can’t speak for Loleta, but as a graduate of EHS, class of 2003, this “lawsuit” is pathetic. I’ve seen nothing but tolerance and acceptance at EHS. They have a supportive environment where people are treated fairly regardless of their skin color and the ACLU really disgusts me personally, with their actions here. No environment is perfect, but EHS staff does an admirable job with inclusion and not letting students get away with racist behavior. I am saddened to see the ACLU stoop to the sewers, yet again, with baseless claims and their fake, counterproductive “talking points”. Anyone who has been to EHS knows that these claims are false.
Well Ramsey, let’s see what the witnesses have to say about their experiences, your personal experience a decade ago notwithstanding.
Have you lost your minds? Eureka is one of the most tolerant schools out there! I graduated last year and everything in this article is blasphemous. The students don’t make weekly traditions about anything. it’s Highschool teenagers goof around and no one does it to intentionally harass. The staff don’t do anything about it because there’s nothing to freak out about. It’s all petty and not nearly as common as the article makes it out to be. This is ridiculous.
Trevor – you may be right. This might be much ado about nothing. But often there are different perceptions and experiences of the same events. What might have been “goofing around” to you might have been a much more serious experience to someone who was afraid to say so at the time.
Were these kids “hypersensitive?” Or are they just pawns caught up in an adults’ game? Well, that’s what the court system is designed to flush out.
What I do know is that the ACLU did not rush to file this thing. The parents they represent made numerous efforts, and rightly or wrongly they were far from satisfied with the district’s response.
Well I would just like to say as a Native American student at EHS that I don’t believe this to be true I feel like I get treated that same as anyone in the school. I believe EHS is a great and supportive school.
Fair enough Raven. I expect that there will be some extensive discussion and your voice is definitely important to it. In fact, if you feel strongly, you should consider contacting the district’s attorneys as a potential witness.
People are quick to dismiss certain behavior because they were not victimized. I agree with Eric, the ACLU would have not taken this on if they did not have enough evidence to take this to court. There are some serious allegations in the complaint and as a parent I have to see both sides of the story in order to make an objective decision to sending my child to these schools. If these behaviors are tolerated in these districts then I have no problems with pulling my kids out and sending them to a school district that will act swiftly to address situations as described in the complaint. Gosh, aren’t we in the 21st century? I could totally see this happening at both Zane and Eureka, but I was hoping that it wasn’t.
When we are quick to belittle the experiences of others, it might be time to quiet our minds and think of what it must feel like for that person. People don’t just pull this out of the air. It is real and it is experienced painfully by people everyday. White Privelage is a concept that oftentimes blinds those who have power; we are oftentimes unaware of historically subjugated populations experiences and respond with incredulous denial when confronted of an offensive behavior or act.
I hope to point out that I am a student or parent of the Eureka School District but I do support the notion that this will ensure that there will be much needed dialog and hopefully some critical self-evaluation. I don’t claim to know much, but I do know that I am guilty of hurting others even if that is not my intention– sometimes we need to get smacked with something (a lawsuit) in order to make changes that benefit everyone.
Trevor and Raven, I appreciate your input –it helps me look at things from a different perspective. And Erik- I like the way you comment on views that differ from yours.
I do know that California’s curriculum barely covers anything that isn’t standardized Western thought and welcome the idea of an education system that allows space for everyone’s story.
Dream on I know
Sorry typos / typing on phone–
I meant to say that I am Not a parent or student in ESD
Thanks Rebecca. I just think this is too serious of a subject to throw political hyperbole around. I for one would love to see an early mediation in the matter.
I just read the full text of the complaint against ECS and all I have to say is WOW! It’s amazing the amount of details about the events at this school district. I always knew that Zane had a bad reputation, but damn I cannot believe that this is going on. If the complaint is accurate then dialog will do very little to change behavior. As a parent it is my responsibility to not support a school district that allows this behavior or looks the other way. It is also my right to send my children to a different school district where tolerance is embedded in the culture. Just like consumers choose vendors that are more socially responsible parents should enroll their children is more tolerant schools where their tax dollars will be used for the betterment of our society. I will now think twice before voting for another ballot measure for ECS. Shame on you employees of these schools – you know better! I know some of the defendants and I am shocked to see their names on this, but I can understand that sometimes they have very little support from their higher-ups, but that is no excuse to not push the envelope. Does your integrity have no value? I know I shouldn’t be quick to judge and it is wrong, yet I cannot sit by and read that complaint and feel reassured that those employees did everything in their power to stop, prevent, and eliminate those behaviors. It’s unconscionable.
What I mean by dialog is action (court and otherwise). Dialog is much more than just conversation to me and I guess I should have communicated that– I just don’t want to jump in here with my guns drawn because I am outraged at the treatment of the students and parents described by the ACLU.
What can we expect after 35 years of divestment in this nation’s human resources? You think our young people are oblivious to their underfunded, crowded and irrelevant educations that blindly thrust them into the predatory culture that awaits?
Where’s the ladder for these kids to climb that inspires their potential? It wasn’t that long ago that men in their 20’s were commandeering sailing ships with crews of 30 for months at sea. Today’s biggest job-growth is in part-time, temporary, poverty wage employment that offers them long lines applying for medi-cal, food aid, housing assistance, welfare, and a “public” university education costing a full-year’s minimum wages for tuition!
Instead of offering our youths a path to education and emancipation, schools are relying on incarceration and police through “Zero-tolerance” policies. The U.S. now has one of the largest populations of children, teens and adults in solitary confinement in the industrialized world.
I just read the Eureka complaint and unless those four students, and their parents, are pathological liars and raving lunatics, I think we have some serious problems. I can see some room for innocent misunderstanding in some of the allegations, but not all of them.
During the 30’s and 40’s…German people denied anything was going on. Same thing here…Plausible deniability is not acceptable.
Good point.
There’s no Gestapo or Stazi looking over people’s shoulders, and yet, those that are intimately familiar with the inadequacies of how we are treating our youths are saying nothing about it, nor is the “free-press” asking them questions.
I’m soooo glad this is finally happening!! I feel as a primarily white student when I went to EHS it had racist discrimination problems. SHOOT there was a “ASAIN HALLWAY” & Most Black, Mexican and Asian students had their lockers grouped together in the science building. 98% of Multi Culture kids hung out only in the cafeteria. Our school had to have the “Be the Change” program come to our school every year because of all the problems with the kids grouping together by race! Shoot FINALLY this is public & they are fixing something up in those schools!
In response to Anonymouss on 12/19/13 (1:20pm):
That’s why situations like this are dangerous: the Gestapo, et al, were just “ordinary” folks before they put on their uniforms. Never forget.
I am the mother of a special needs student. I live in what is supposed to be the best school district in Missouri. I have been told of and witnessed some major injustices at this district. Many people don’t believe it because they have not seen it or experienced it. The Superintendent has even told people that I am that “Tucker Nut”. Don’t be quick to dismiss something just because you didn’t see it. My district actively covers up these issues, lies to Federal investigators, and destroys evidence. All is not always what it seems.
Ramsey Murphy Barnette – As a former employee of ECS, I KNOW this type of behavior has and does happen on a regular basis. I once had a Principal call one of my students a “WORTHLESS LITTLE BASTARD”. It isn’t just racial discrimination, it is also discrimination against the students that need them the most, the drug exposed, neglected and abused. The students whose parents are more concerned about where their next high will come from than whether their child is clean and fed. ( and we all know this town has more than it’s share of addicts). I have seen them spoken to as if they were slime, they didn’t matter because they weren’t going to amount to anything anyway.
I have also seen the female classified employees discriminated against. Regularly passed up for an increase in hours or a second part time job. A female who worked there for several years barely scraping by, and being verbally abused by the supervisor, (funny, I don’t ever remember even 1 of the men being treated or spoken to the way the women were) while on numerous occasions a man would be hired and within a month or two they were getting 8 hours a day and when asked why, the supervisor said and I quote “I GET MORE BANG FOR MY BUCK WITH THE MEN”. I don’t care what their “Mission Statement” bs says about every employee being just as important as the next. Seeing is believing, and if you weren’t certificated or admin. it didn’t matter if their were 5 of you and one Principal or Supervisor. They would believe the Principal every time so why bother to complain, it would just be used against you later. I don’t think they even know the meaning of the word Equality at ECS. Even the toilet paper supplied to the employees wasn’t equal, lol. From top of the line at admin. slowly dwindling down as you job site and the importance of your position went down, ending with the students and single sheet garbage. As they say a child learns more from your actions than your words. The truth lyes or lies not in what they say their policy is, but in their actions. So don’t tell me ECS is all flowers and sunshine, I’ve seen the ugly underbelly of the beast.