Bureau of Indian Education tight-lipped after Haskell files federal lawsuit
In light of a new federal lawsuit over the mid-February Haskell layoffs, BIE still won't comment.
Pueblo of Isleta; Prairie Band Potawatomi Nation; Cheyenne and Arapaho Tribe; as well as students from Haskell University and Southwestern Indian Polytechnic Institute are suing Doug Burgum, secretary of the Interior Department; Bryan Mercier, assistant secretary of Indian Affairs; and BIE director Tony Dearman.
This comes after about 20% of Southwestern Indian Polytechnic Institute's employees and Haskell's employees were laid off. Fourteen employees from Haskell were reinstated a couple weeks later.
When The Capital-Journal reached out to BIE's media team, it declined to answer questions. This is the third time the Bureau has declined to discuss Haskell-related issues in the past week despite official media communications with Haskell staff being cut off.
"The Department of the Interior reaffirms its unwavering commitment to providing BIE students with a quality and culturally appropriate education in a safe, healthy and supportive environment, while prioritizing fiscal responsibility for the American people, but Department policy is to not comment on litigation," a BIE spokesperson said in a written response.
The lawsuit was filed March 7 in U.S. District Court in the District of Columbia and outlines the layoffs of 18 out of 92 employees at Southwestern Indian Polytechnic Institute employees and 37 of 179 at Haskell.
The students in the lawsuit include individuals Ella Bowen, Haskell freshman and enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians; Danielle Ledesma, Haskell sophomore and enrolled member of the Prairie Band of Potawatomi Nation; Victor Organista, Haskell sophomore and enrolled member of the Prairie Band of Potawatomi Nation; Aiyanna Tanyan, Haskell junior and enrolled member of the Seminole Nation of Oklahoma; and Kaiya Brown, SIPI first-year student and enrolled member of the Navaj Nation.
In the lawsuit, one of the plaintiffs' biggest arguments is claiming BIE's failure to consult, which is required in the Department of Interior's polices.
DOI's policy on consultation with Indian Tribes and Alaska Native Corporations, part 512 chapter 4 states 'consult with tribes on a government-to-government basis whenever DOI plans or actions have tribal implications' and further mandates that '(a)ll bureaus and offices shall comply with and participate in the consultation process in a manner that demonstrates a meaningful commitment and ensures continuity in the process.'
The lawsuit also outlines the layoffs BIE faced and how it impacted BIE's ability to give proper oversight to Haskell and the Southwestern Indian Polytechnic Institute.
About 22 BIE employees were fired and some of the positions they were terminated from included school safety specialists, fiscal auditors, financial analysts, accountants, human resource officers, management analysts and IT personnel, according to court documents.
Government Accountability Office has repeatedly given recommendations to BIE to do better to adequately staff themselves.
"Given the numerous GAO reports that have recommended additional BIE oversight and staffing, in particular in the fields of the laid off employees such as safety specialists and fiscal auditors, these losses set back BIE's progress," the lawsuit stated.
The plaintiffs are asking for an injunction to bar the actions of BIE related to the layoffs, an injunction to prevent BIE from further layoffs, that the court require BIE to consult with Tribal leaders as is required in DOI policy and that the plaintiffs are awarded a fiscal award that aligns with the cost of the lawsuit and attorney fees.
The Capital-Journal reached out to the office of U.S. Sen. Jerry Moran, R-Kansas, to get a comment, but a spokesperson said Moran wouldn't comment on the lawsuit or on whether he will support Haskell students' attempt to meet with President Donald Trump.
This article originally appeared on Topeka Capital-Journal: Bureau of Indian Education mum after Haskell files federal lawsuit
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