Idaho school’s Mexican costumes, props could lead to discrimination probe

The unsanctioned Halloween antics of a dozen staffers at Middleton Heights Elementary School upset at least one parent, offended thousands of others who saw photos on social media and may spark a probe into whether laws that protect Idahoans from hostile schools and workplaces were violated.

One group of Middleton Heights staffers donned Mexican sombreros, ponchos and fake mustaches, while others held up a cardboard border wall that had President Trump’s slogan on it, “Make America Great Again.”

Middleton has about 7,500 residents, according to the latest Census estimates. It’s about 20 miles west of Boise.

The Middleton School District is investigating the incident, and it’s possible the agency that enforces the state’s anti-discrimination laws will do its own investigation into the matter, a spokesman for the Idaho Human Rights Commission told the Statesman Friday.

Idaho has protections against national origin discrimination, which occurs when someone is treated poorly because they are from another part of the world or a different ethnicity.

“We have received calls from concerned citizens, wondering what are their rights and what their protections are,” said Benjamin Earwicker, administrator for the Idaho Human Rights Commission. “I think the primary concern is that these are employees of the district, and not just fellow students, but actual teachers on school property engaged in this kind of display.”

Earwicker said about 10 people had called the office or contacted commissioners directly about the Middleton matter.

The commission put out a short press release Friday about the Idaho Human Rights Act of 1969 and federal civil rights statues that prohibit discrimination due to race, sex, national origin and other protected groups. They warned that discrimination can occur if an employer or school permits a hostile environment.

“Simply because conduct takes place as a so-called joke does not excuse otherwise unlawful conduct,” the statement from the commission said. “All employers and schools must act responsibly to avoid sanctioning displays and other conduct that could give rise to this type of discrimination not only because they have a legal responsibility to do [so] but also because it is the right thing to do.”

Josh Middleton, superintendent for the school district, on Friday apologized to school families and described the teachers’ costumes as “insensitive and inappropriate.”

““Do I think there was a malicious intent with this decision? No, I don’t,” the superintendent said in a video post on Facebook. “Was there a poor judgment involved? Absolutely. And we now have to own those decisions.”

The Idaho Human Rights Commission has a form on its Web site where people can file complaints (click here), including allegations of harassment or intimidation based on national origin. The commission investigates complaints but it does not speak publicly about current or past probes into alleged wrong-doing. It is a closed, confidential process, Earwicker said.

Investigations can have a variety of outcomes, including a mediated settlement, a determination that no laws were violated or a finding of probable cause that something illegal occurred. If there’s no resolution, the commission issues a 90-day right to sue, giving the complainant 90 days to file a civil lawsuit.

Katy Moeller: 208-377-6413

This story was originally published November 3, 2018 at 9:01 AM.