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Lawyer: 'Redmen' Name Won't Cause Trouble

Legal Opinion Says Name Poses Little Legal Risk

POSTED: 11:42 am EDT June 11, 2008
UPDATED: 1:44 pm EDT June 11, 2008

A fight over the nickname used by Natick Public Schools continues to heat up, with the side that wants to continue using the name Redmen hiring an attorney who says use of the moniker is unlikely to get the district into trouble.

The town's school committee voted last year to discontinue using the name, saying it was discriminatory, but a group calling itself the "Redmen Forever Committee" has been trying to get it reinstated.

The group hired a Natick attorney who says the district would face little risk of legal action under federal law if it maintains the use of “Redmen” as the local high school nickname.

Donna Wolf submitted an opinion to the school committee saying that the use of the nickname does not put the district at risk for lawsuits under Title IX and Title VI laws, the MetroWest Daily News reported.

Wolf submitted her opinion early this week, one week before the school committee decides whether to reverse their March 2007 decision to stop using the Redmen nickname.

Under Title IX, a lawsuit must prove unequal access for women to programs and resources at the school. Title VI prohibits discrimination based on race, color or ethnic origin.

Legal action under Title VI also requires proof of discrimination against an individual student or group of students, which Wolf found unlikely, the paper reported.

Wolf also disagreed with the conclusion of the school district’s attorneys that the highest risk was from Natick schools' own anti-discrimination policy -- a policy Wolf found to be based on Title VI.

Legal issues aside, Wolf said the school committee could proclaim the nickname honors American Indians and their history in the town.

She also cited the preponderance of Massachusetts school districts using American Indian nicknames, and wrote that there was little likelihood of Natick being singled out in a lawsuit.

The Redmen Forever group sought out Wolf last fall to assist the school districts’ attorneys with the legal elements of the issue.

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