Smith v. Salish Kootenai College

I. FACTS AND PROCEDURAL HISTORY

Salish and Kootenai College was established by the Con- federated Salish and Kootenai Tribes of the Flathead Reserva- tion in Montana. Its mission is “to provide quality postsecondary educational opportunities for Native Ameri- cans” and “to promote and help maintain the cultures of the Confederated Tribes of the Flathead Indian Nation.” Mission Statement, http://www.skc.edu/ (last visited Oct. 17, 2005). SKC is located on tribal land in Pablo, Montana, where it reports 56 full-time instructors, 28 part-time instructors, and more than 1100 students. More than three-quarters of SKC’s students are affiliated with an Indian tribe; more than one- third of these are affiliated with the Confederated Salish and Kootenai. The Tribes incorporated SKC under tribal law in 1977, and a year later SKC was incorporated under state law. Under its articles of incorporation, SKC may sue and be sued in its corporate name in the tribal courts. Its bylaws stipulate that each of the seven members of the Board of Directors must be an enrolled member of the Confederated Salish and Kootenai Tribes. The Tribal Council appoints the members of 108 SMITH v. SALISH…