Benny Baker

I agree, this is an interesting provision. But I'm having trouble reconciling a few things. From the ND Century Code: 15-11-38. Ralph Engelstad arena. The hockey arena constructed on the campus of the university of North Dakota with funds donated by Ralph and Betty Engelstad is officially named the Ralph Engelstad arena. 15-10-13.1. Faculty - English language proficiency. Any professor, instructor, teacher, assistant, or graduate assistant at a state institution of higher education must exhibit written and verbal proficiency in the English language. Any deficiency must be remedied by special training or coursework provided by the institution. So the SBOHE is fine with having the legislature choose the name of UND's hockey arena, but they're going to challenge the legislature's choice of the hockey team's name? Really? But the legislature also mandates that faculty members speak and write English to a proficient degree. For anyone familiar with the Century Code, they would also be aware of the fact the the legislature limits the SBOHE's student fee increases; requires the SBOHE to seek its approval when improving university land and infrastructure in several situations; and created multiple programs and consortiums at institutionals all throughout the state without the backing of the SBOHE. This isn't even the tip of the ice berg, in fact, our state has multiple chapters of statutes that limit the SBOHE's supposed autonomy. For those of you unaware of the history, the SBOHE was created because its predecessor, the board of administration, was free of legislative oversight. Now the Senate must confirm the governor's appointments to the SBOHE. So indeed, there are "stautory limits" far beyond reorganizing an institution elsewhere. Such as choosing the name of the hockey arena, mandating english-proficient teachers, and perhaps even mandating a school nickname. But hey, it all turns into a crapshoot when it goes to court.

Since Lucia and UMN have had a noncomittal stance regarding UND hockey ever since the BTHC conference was created, don't assume this is entirely a nickname issue. The Gophers are committed to playing Notre Dame for four years. Why didn't UMN sign up to play North Dakota after we all thought the nickname controversy was over? It'll be interesting to see everyone's reactions when UND changes the name back to nothing and the school is still not playing the gophers in hockey. And no, their is nothing to prevent other schools from adopting this position, but I'm not going to assume that the 350 Division 1 schools in existance are all going to collectively adopt this same position. Remember Al Carlson was wrong in his assumption that the state law would change the NCAA's stance. Losing hockey rivalries will be unfortunate. But UND may lose those regardless of the nickname. Other than that, screw Minnesota, Iowa, and Wisconsin. The Big Sky is infinitely more important.

God forbid North Dakota doesn't get to play Iowa and Minnesota in athletics. It'll be the end of UND's athletic program as we know it. Who is going to take UMN and Iowa's place since they've been yearly opponents and supporters of UND's program for so long . . . oh, wait . . . I think UND will be just fine not playing institutions that they've haven't played in decades. The bigger issue is conference affiliation.

The Constitution makes the SBOHE autonomous? Don't think so. Would it be unconstitutional for the legislature to decide the name of UND's hockey arena? Would it be unconstitutional for the legislature to choose the language proficiency of UND's faculty, too?