ASUN passes bill calling for cultural sensitivity

By Kim Buckley

Clay Lomneth

Published: Wednesday, February 24, 2010

Updated: Thursday, February 25, 2010

Check out the photos from the debate here.

It took about two and a half hours, but the Association of Students of the University of Nebraska senate passed Senate Bill 15 in a roll call vote 14-11-4.

This bill was one of two proposed bills the group debated last night. The University of Nebraska Inter-Tribal Exchange (UNITE) voiced concerns about UNL students dressing up in Native American headdress and war-paint at the Nov. 7 football game against the Oklahoma Sooners and again Nov. 21 at the game against Kansas. ASUN senators drafted the two bills in response.

The first to speak at open forum was Molly Young, a senior news-editorial major and the president of UNITE.

"To date, no official university body, unit, administration or faculty has released a statement condemning their behavior. Instead, those bodies have sent a message that UNL tolerates offensive behavior, especially actions that exploit and stereotype members of minority communities," she said.

The two bills had the same intent, and were even written together. The difference is that one — No. 15 — specifically mentions the incident at the Oklahoma and Kansas games, while No. 13 addresses the issues generally.

Young said passing No. 13 would send a message that the university tolerates this behavior.

"No tribe in Oklahoma was honored or felt it was necessary behavior," she said.

On behalf of the six students who dressed up, three stood before the senate and student body while one read a joint apology. The student who read the apology declined to give his name.

The students met with UNITE after reading the apology to the senate to get a chance to "clear the air." Three of the students — Richard, Drew and Chance — agreed to comment. Their intent was not to single out a group of people, they said. The choice to dress up was just an expression against the Sooners.

"Kinda hard to make a statement about someone if you don't know them at all," Chance said.

The students said they saw staff members at the football game, and nobody had approached them about their garb.

"I think what we derived from meeting with the group (UNITE) is that maybe we were the ignition for a larger issue," Drew said.

Chance said he was offended by some of the attention he and his friends have been getting. He feels they had been painted in a bad light. He was being accused of being a racist, he said, when those were not his intentions.

"I think we should be given an apology as well," he said.

Sarah Pierce, a senior English major and member of UNITE, was at home watching the Nov. 7 game with her husband. She left the room and heard her husband calling for her. Pierce came back in the room to see her husband had paused the television when the students appeared.

"I guess I was disappointed that my peers in academia would opt to don such apparel," she said.

Pierce had grown up on the Pine Ridge Indian Reservation in South Dakota and received two calls from friends still on the reservation who had also seen the footage. She received e-mails from people on reservations all over the country offering support. Just a few weeks before, Pierce had been on the Pine Ridge Reservation recruiting students from her high school to come to the University of Nebraska-Lincoln.

"Up until now, I considered Nebraska an open-minded place," she said.

Pierce said she recognized that the actions of the students weren't meant to be offensive, and commended them for their public apology. However, she said action still needed to be taken.

"It's deeper than just you hurt someone's feelings," she said.

In the apology, the student said the sole intention of the costumes was to make a statement against the Sooners.

He said he and the other students involved have realized that those actions "had a much further reaching impact than we intended," and that it was "not the right way to approach that at the football game."

Speaking on behalf of Senate Bill 15 — which would specifically address the football game incident — was Sen. Justin Shilhanek, a senior psychology major and chair of the Diversity Strategic Development Committee.

"What I think is unfortunate about this is that UNITE had to approach us," Shilhanek said.

He said this issue was not one of free speech, but an indicator of a greater overall problem.

Both bills aim to work with the Nebraska Athletic Department to form a committee to create standards for fan behavior.

The intent of Bill No. 15 was not to reprimand the students who wore war-paint and headdresses, Shilhanek said. But some senators disagreed.

Sen. Matt Kelly, a senior biochemistry major, said he doesn't attribute intent to the students.

"What the four students did at the Oklahoma game was not an act of racism," he said. "I'm a little hurt and a little offended that I would be labeled a racist for not knowing the history of the headdress."

Megan Collins, ASUN president and a senior business administration major, agreed.

"Reasonable expectations were not there," she said.

She said one of the students involved told her that he felt the bill was a reprimand.

"I did not run for student president to reprimand a student," she said.

Sen. Matt Boring, a senior music major, disagreed.

"No one is trying to throw students under the bus," he said.

There was also debate as to whether the event needed to be specifically mentioned.

"(Government Bill No. 13) focuses on a universal and broad-based idea," said Sen. Jared Tidemann, a senior political science major.

He said that Bill No. 15 was limited as it only focuses on a certain event.

"Why limit ourselves? Why not acknowledge something universal?" he asked.

Sen. Lauren Garcia, a senior advertising major, agreed.

"I think it's important that we have something that encompasses things that could happen in the future," she said.

Sen. Ryan Fette, an educational administration graduate student, disagreed, saying that he thought one of the things Bill No. 15 did was remind people of the incident.

"If we don't recognize it, the fact it is not recognized officially, it is something these communities will have to remember," he said.

Young, UNITE president, said acknowledging the event in the bill gave context to racial sensitivity. When context is taken away, it takes away motivation to change.

The senate needed to address how they could best serve justice, she said. Students in the audience at the meeting spoke out in volume in favor of Bill No. 15.

"I still struggle with the fact that we are willing to include examples from other universities when we don't want to include an example from our own," she said.

In the end, the senate agreed on two things: There was no intent of the students to offend, and ASUN should have responded sooner.

"The blame does not lie with the students," Shilhanek said. "It's an indicator of a greater problem."

Later during the debate, ASUN Internal Vice President Brian Coburn, a senior biochemistry major, apologized to the senate and the student body.

"I think it's unacceptable that I did not do something immediately," he said.

The fundamental problem was a gut-check, said ASUN Speaker Tidemann. ASUN had to begin to set the precedent, beginning tonight, he said.

"I sat here as a representative for four months and did nothing," he said.

After the bill passed, Pierce, a UNITE member, said the university is taking a step in the direction of creating a culturally competent academic environment. She said the fact the meeting ran so late was a sign of the issue's importance.

Partway through the meeting Sen. Matt Pederson, a senior secondary education major, made a motion to postpone the issue indefinitely. The senate decided to continue the debate, and, after nearly two and a half hours of discussion, the senate passed Bill No. 15.

"It didn't turn out the way I would have voted, but hey, that's democracy," said Sen. Matt Kelly, a senior biochemistry major.

Kelly had an issue with the language of the bill, which he said seemed to attack the students in question. To him, it seemed the students weren't being offensive on purpose.

He referenced a similar situation discussed at the meeting — a student who wore a shirt that read "Gayhawks" was denied entry to a basketball game against Kansas. The shirt was particularly offensive, he said, because students generally have more awareness of the gay rights movement, while knowledge of Native American issues is less prevalent, he claimed.

The extra language in Bill No. 15 was important, Pierce said, because it provides a reference point. Something has to push progress, she said.

"I am elated right now," she said.

kimbuckley@dailynebraskan.com

claylomneth@dailynebraskan.com

 

Comments

20 comments
Anonymous
Sat Feb 27 2010 09:37
To Janet Jarvis:

Free speech has been pretty well defined by 200 years of case law arising from the first amendment. It is quite clear that the government may not suppress any ideas or expression whatsoever based on its content. It may suppress speech under narrowly-tailored time, place and manner restrictions (that's language from the very settled case law - look it up instead of pronouncing on issues you clearly haven't studied). For example, you can't have two parades on the same route at the same time. The government can't stop people from protesting abortion outside an abortion clinic on the sidewalk, or showing grotesque and offensive pictures of aborted fetuses, or using the sidewalks to rally for women's rights, unless they are blocking free use by others. Likewise, the government can't stop someone from dressing up in feathers and war paint because it offends someone. One of three things will happen now: ASUN representatives will meet with university representatives and have these things explained to them, and the whole matter will die a well-deserved death; the university will post signs asking people not to dress offensively (which is unconstitutional and unconsitutionally vague), and people will ignore them; or the university will ignore the advice of its attorneys and prohibit people from dressing up in feathers and war paint. If the latter two things happen, someone will sue the university for chilling free speech (the word "chill" is heavily embedded in the case law) and the univeristy will have to pay damages (which will come out of our tax money) to the parties thay have suppressed. It will make for great public theater!

Anonymous
Sat Feb 27 2010 01:10
When you talk about history, think 9/11! What did Americans feel when that happened? And how long will it take for them to get over that? 10 years, 20 years, 30 years,100 or 200? How would it be if someone told the victim's families "okay, get over it now! It's all in the past!" It's insensitive to not recognize anyone's misfortune through violent acts, no matter what background.
Josh
Fri Feb 26 2010 21:40
Jan,
I post this with all due respect, because you are a wonderful educator, and I don't mean any disrespect with this comment because during my time at UNL you helped me out tremendously.
However, I did go and read Dr. Pewewardy's article, and I do not mean to comment on whether the conclusions are true or false because I have no evidence to the contrary, but the article has no basis in fact. The entire thing is empty conclusions. There is no research other than stating that some Native American mental health specialists "say" that the use of the mascots are detrimental. Of course they do, they aren't exactly a neutral entity in the debate, just as Dr. Pewewardy isn't exactly a neutral writer on the subject
Joe
Fri Feb 26 2010 17:41
I agree with the previous post. According to the Lincoln Journal Star, "Shilhanek's bill directs ASUN to work with the NU athletic department and the university's Fan Behavior Committee to develop cultural sensitivity standards and ways to enforce those standards. But the bill does not provide specifics about what those standards might be or how they might be enforced." NO SPECIFICS?? ASUN Debated 2.5 hours over a bill with NO SPECIFICS? Sounds like a real effective piece of legislation to me! Unbelievable!
Anonymous
Fri Feb 26 2010 17:32
I am so glad that ASUN spent 2.5 hours debating a bill that "creates standards for fan behavior." In reality, this bill is just an acknowledgement that what the students did was rude and perhaps uncultured. The fact that ASUN debated this type of useless legislation for 2.5 HOURS is the exact reason why students on campus do not have faith in ASUN (which also explains the low voting percentages). I would not have a problem with the legislation if it actually did something, but in typical student government style, this one doesn't. I suggest the senators who crafted this bill actually try and address issues worth addressing and for once, write a bill that has clear objectives and expectations, not a bill that simply acknowledges an event that may have been offensive. UNL students deserve better from their student "leaders".
Anonymous
Fri Feb 26 2010 11:14
i am native american i didnt find it offensive at all because everyone makes fun of its cultures in one way or another, whether you are caucasian, native, asian, or african american..... what i mean is that sure the head dress is a significant "symbol" in our culture but hey our culture has gone to the wind if you know what i mean. but thats another story so i will leave it at that. i think that people overreacted to the situation....
Janet Jarvis
Fri Feb 26 2010 10:56
To Anonymous
Perhaps it is time that the Constitution defines Free Speech. Protesting unfair practices, having a cause of some type, being a responsible citizen denotes free speech, even if others don't agree with the issues, but a purposeful parody of hurtful memories of people who are struggling to stay alive and keep their cultural practices is NOT Free Speech. Look up Dr. Pewewardy's (Google) study on the effects of "Mascot" names on younger people in Nations. For humanities sake folks, educate yourselves and post informed and thought out rebuttals to these issues. Study both sides. And why post comments as anonymous? Who are you afraid of?
Anonymous
Fri Feb 26 2010 08:23
Regardless of the motives of these students, they appear to want to suppress citizen speech and expression in a public forum, which violates the first amendment to the Constitution. Luckily, they won't be allowed to engage in such suppression. They are supposed to work with the athletic department and other university officials, who are adults who will have the legal liability if they violate the rights of citizens. Is a little "cultural sensitivity" too much to ask? If it violates the Constitution, yes, it is too much to ask.
Anonymous
Thu Feb 25 2010 21:53
To Allen Ratliff:
Thank you, sincerely, for you continued butting in of UNL ASUN issues.
You're the best,
Current Student and Senator.
Other
Thu Feb 25 2010 20:11
okay, the fact that Senator Derenge had the gall to ask what exactly was offensive only further PROVES the argument that ignorance still rules our society. how could he NOT know and still be in a position of leadership? our student body has no excuse for electing representation which does not showcase the conscientious, empathetic, and proactive attitude that should be associated with ASUN.
Marlon Brando
Thu Feb 25 2010 19:43
On a more serious note, I see what you are saying Andrew S. But I also don't think that just because certain groups were treated horribly in the past means that we have to tip toe around and be overly PC now. Unfortunately racism still exists, but it is ridiculous to go around with a chip on your shoulder because of things that happened to your race generations back. Let's leave the past in the past and not keep dragging everyone's faces through it. That would be a progressive step.
Andrew S.
Thu Feb 25 2010 18:49
This notion that people are looking to be offended is really backward and ridiculous. You think that's what minority groups do, just sit around and look for things to be upset about? They don't really have to look very hard, because reasons to be offended appear to them pretty regularly (this case is just another example of the constant stream of incidents). White culture has made a joke out of all other cultures, and it is present every day, however subtle.

Anonymous Thu Feb 25 2010 14:03 and Marlon Brando- the important difference here is that cultures do not exist in a vacuum. They are also not all treated equally in this society, which organizes race and ethnicity and race in a hierarchy with whites at the top. People of color have been treated with disrespect on the part of whites from the beginning of U.S. history, and they continue to be disrespected. The difference for Scottish/Germans/Greeks (worthy of mention because the Greek system is a culture in itself, a very white one at this school) is that they haven't been persecuted by another dominant group and their culture has not subsequently been bastardized by that same group for years thereafter. That you would both try to compare those cultures and people to that of Native American culture and people and their experiences is a complete distortion of the real issue. Not recognizing the important historical differences within the issue makes you ignorant, and really its what makes most of society ignorant. The unwillingness to have a historical memory and a general diverse consciousness, or at least respect, is the reason why racism continues to exist.

Troy, I will remember UNITE as a group that stood up to racial and cultural ignorance in a meaningful way. If you and other students can't take something positive away from this experience, you may never do so. I hope that, at least in time, you can recognize how meaningful this event was.

Marlon Brando
Thu Feb 25 2010 17:27
Gee wizz, stop complaining you whiny pussbags. If ya'll donned lederhosen swillin' beer and eating pretzels you would not offend my German heritage. Stop looking for reasons to be offended.
Karise Carrillo
Thu Feb 25 2010 14:57
Sorry, I mispoke- it was ABC and not NBC.
Karise Carrillo
Thu Feb 25 2010 14:56
Hi, Troy.

I'm not responding out of anger and frustration today because a great victory has indeed been won, and I'd like to take time to educate you on what exactly has been accomplished by this bill.

Due to the amount of publicity of the event on NBC and ESPN, the students who were involved were actually seen by many tribes around the nation, who in fact approached UNITE about their objections. Furthermore, UNITE members last night described what it was like to go back to their tribes (some in other states) and talk about the University to the younger members of their respective tribes. Had the University not issued any measure about future treatment of incidents such as this one, it would send a message to the Native peoples and the young ones that the University of Nebraska stands aside in the face of cultural unawareness and insensitivity. Many young Native students would perhaps choose a different source of higher education to pursue than UNL because they would not want to be at a school that would not protect them. Furthermore, this would send a message to the nation that UNL stands by intolerance, rather than cultural awareness. All of these opinions were offered last night, and you can view the debate online. Just check out the link offered, as the speakers last night did much better justice to what I just said.

Sorry to prevent an opposing point to your skepticism, but we minorities feel like something great happened here last night. Already, UNITE members have received positive support from neighboring tribes. Maybe you can be our first attendees at the cultural awareness forums that will begin as a result of this bill and learn for yourself just what is at stake. Hope to see you there.

To Anon:

Molly is a good friend of mine, and she has articulated to many people the exact reasons she was offended by the actions. If you did not find it obvious as to what she was explaining, then you may want to watch the official recording once again. She made it very clear throughout the night just what the offensive behavior was.

Anonymous
Thu Feb 25 2010 14:03
I think it's amazing how easily offended people become when they are looking to be offended. Did it offend any Greek students when the same group went to a football game dressed as Trojans. . .no. Some of my ancestors were scottish and I saw the same group of students go to a game in kilts was I offended. . .no. I am confused why this even became an issue. It would be one thing if the students actions were intended to offend but they weren't. It was simply a group of students who were supporting their team and rooting against Oklahoma. We are talking about college football where a team in Florida is named the Seminoles. Is the Seminole tribe offended that Florida State's mascot rides a bareback horse around the field before the game. . .no.

This by far is my favorite quote from the story though. -“It’s deeper than just you hurt someone’s feelings,” she said. Really, is it? Did these students commit a crime? Did they physically hurt anyone? As long as you look to be offended by something there is a good chance you will. In this case that's obviously what happened.

Anonymous
Thu Feb 25 2010 14:01
So ASUN spends all but the last month of their term to do nothing and spends the last month publicly repremanding 6 students in response to a complain by a group of 10 students? If it was truly just about cultural sensitivity, No. 13 would have passed, but No. 15 is an embarassment.

I think my favorite part of the evening was watching the president of UNITE read off a prepared script and then be unable to answer the simple question "What offended you about the students actions?"

Allen Ratliff
Thu Feb 25 2010 12:34
I want to thank UNITE, Justin Shilhanek, and the people who worked to defend against ignorance and promoted the respect and dignity for all peoples.

I also want to give credit to the DN reporter who wrote this article. It seems well written and comprehensive, which can be difficult for any reporter following politics, but especially ASUN politics. There have been DN reporters in the past who have been confronted with similar high-stress debates and issues and who dropped the ball entirely in reporting them, but you did a fine job. Thank you.

Troy Wiegand
Thu Feb 25 2010 10:44
Now that all the sound and fury has blown about, what has changed? The answer is nothing, save one thing, and that one thing is how most people remember UNITE. Before I knew nothing about UNITE as a group on campus. I didn't hate them, I didn't love them, I simply didn't know that they even existed. Sure, I knew there were Native Americans attending here. I am sure that I am not alone in my ignorance of UNITE as a group. Now, however, many more people are aware of UNITE. UNITE is now not thought of as a group that has done good deeds, but as an organization that complained rather vociferously because four guys at a football game put some feathers on their head. Congratulations UNITE, you have really made a difference. I'm sure the people living back on the reservations in abject poverty are helped tremendously by you courageous stand against four dumb guys at a football game.

I would also say something about ASUN, but hey, who are we kidding. We should be impressed that some of the senators bothered to show up for a change.

Janet Jarvis
Thu Feb 25 2010 09:41
What is wrong with us? I read the comments on this article and was horrified at the venom and ignorance displayed. Native Americans continue to suffer the greed of European-Transplants with very little recourse; is it too much to ask for a little respect? Have we not learned from history? Doesn't anyone remember that Custer's own men (when he fought in the Civil War) could not stand him, because he was a jerk? The presentation of Congressional Medals to the "Village Idiots" at Wounded Knee Massacre and awareness of White Clay should be taught in High School, perhaps then, more compassion would be shown later in life, instead of these racist parodies of "The People." To the "Village Idiot" who bemoaned his participation and his nephew's "Cowboy and Indian" birthday party, you are recreating yourself in your nephew. Do you realize that the original cowboys were South American? Google it. Have you taken any classes about Native American culture and suffrage? Or are you too afraid to educate yourself about your ancestors' actions? Good for ASUN, it is a step forward toward a true education. No one likes to be belittled, at least in that the "Village Idiot" met some reflection and truth in his own rebuttal.
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