Media Stories on the Sioux Name

[Sioux-cia]

UND turns to state for advice

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"That is consistent with what the board has said all along, that the matter is settled, and if the campus wants any changes, then, that request must come to me and I would transmit that to the board," Potts said.

I don't know that we would have anything to gain by going to the board. They have already made a rulling regarding the name and logo. According to this statement, the only reason for going back to the board would be to ask for changes?!

The third, the Spirit Lake Nation, about 90 miles from the UND campus, has refused to answer repeated requests by the NCAA to restate its position.

I would think that by not restating their position as in changing it formally to the negative, the first one stands. As stated previously, the NC$$ repeatedly asking the tribe to restate it's permission sounds an awful lot like coercion to change their position.

"I think they have much more significant issues to deal with."

So say we all.

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[PCM]

From The Gateway (UNO):

NCAA decision on the Fighting Sioux could affect UNO, NCC

"I think that UND has made every attempt to represent their logo and the Fighting Sioux with the highest amount of respect possible," said David Herbster, UNO's athletics director. "Obviously they [the Sioux tribe]are not in agreement or offended by that, and really that is who you end up listening to. It's different for us because you don't necessarily have the ability to ask the Mavericks if they are offended by us using them as their mascot."

Since the ban prohibits UND from hosting postseason events, it could cause headaches for the rest of the NCC. In most of the conference sports, the teams with the best records host playoff events. If North Dakota earns the right to host an event, it will have to be moved to a neutral site or awarded to a lower ranked team's venue. Currently the North Dakota football team has an undefeated NCC record and has traditionally finished high in swimming and other sports.

"That's going to be interesting," Herbster said. "What that means is that if they are the No. 1 seed they can't host an event, so it will go somewhere else. It hurts the athletes who have earned the right to host an event. How it will affect us might just mean we get to go somewhere warmer."

[PCM]

I don't know that we would have anything to gain by going to the board.

Edited October 11, 2005 by PCM

[The Sicatoka]

From the DS:

"The institution would have to decide whether or not they wanted to take the action into court to determine if the NCAA has overstepped its bounds and actually put upon us an improper or unconstitutional effect of First Amendment kinds of things," Harmeson said.

From the Herald:

Kupchella said he believes the NCAA is guilty of a "breach of contract" regarding its own bylaws, which say that matters, such as nickname usage, should be left to the member schools and managed locally.

Some interesting questions:

- Can a private organization (that appears to be a monopoly) limit the free speech of a public institution?

- Has the NCAA breeched its constitution (the contract of what it does for and with members) and overstepped its bounds in this case?

[Sioux-cia]

NCAA decision on the Fighting Sioux could affect UNO, NCC

I'm not sure how the two are represented any different between the two universities."

THIS is one of the biggest obstacle we have to get overcome. The general public, outside of North Dakota, are totally unaware of all the American Indian programs and services as well as a high percentage of "so-called" (GK's words not mine) American Indian students, we have as opposed to the number at of the exempted schools. This is information that will show that we are not an institution who is 'not paying their dues' to the American Indians in our and neighboring states.

[PCM]

In the area of "breach of contract," it appears that there is much fertile legal ground (at least to my untrained eye). Here's a section out of the 2005-2006 NCAA Division II Manual which contains the organization's constitution, operating bylaws and administrative bylaws.

CONSTITUTION, ARTICLE 2

Principles for Conduct of Intercollegiate Athletics

2.10 THE PRINCIPLE OF COMPETITIVE EQUITY [*]

The structure and programs of the Association and the activities of its members shall promote opportunity for equity in competition to assure that individual student-athletes and institutions will not be prevented unfairly from achieving the benefits inherent in participation in intercollegiate athletics.

2.15 THE PRINCIPLE GOVERNING POSTSEASON COMPETITION AND

CONTESTS SPONSORED BY NONCOLLEGIATE ORGANIZATIONS [*]

The conditions under which postseason competition occurs shall be controlled to assure that the benefits inherent in such competition flow fairly to all participants (emphasis added), to prevent unjustified intrusion on the time student-athletes devote to their academic programs, and to protect student-athletes from exploitation by professional and commercial enterprises.

As David Herbster, UNO's athletics director, noted in a previously posted article, "What means is that if they (UND) are the No. 1 seed they can't host an event, so it will go somewhere else. It hurts the athletes who have earned the right to host an event."

In other words, Herbster recognizes what the NCAA apparently does not. The organization's own constitution says that one of its primary principles is to conduct postseason competition "fairly to all participants." The NCAA's constitution also says that it "shall promote opportunity for equity in competition." Yet the NCAA's policy on American Indian mascots, nicknames and logos purposely puts UND's student athletes at a competitive disadvantage in post-season play, unfairly depriving them of the home playoff games they've earned.

I'm sure some will say that the NCAA can fall back on the "golden rule" defense, which is: He who has the gold makes the rules. That's another way of saying that as a private association, the NCAA can make whatever rules it wants and, as a voluntary member, UND is free to leave if it doesn't like the rules. However, the NCAA's constitution is quite specific about the organization's responsiblities and its members' responsibilities. For example:

CONSTITUTION, ARTICLE 1

Name, Purposes and Fundamental Policy

1.3.2 Obligations of Member Institutions. [*]

Legislation governing the conduct of intercollegiate athletics programs of member institutions shall apply to basic athletics issues such as admissions, financial aid, eligibility and recruiting. Member institutions shall be obligated to apply and enforce this legislation, and the enforcement procedures of the Association shall be applied to an institution when it fails to fulfill this obligation.

Notice that this article doesn't mention any obligation for members to "apply and enforce" the NCAA's "Principle of Nondiscrimination" which the organization cites as its justification for enacting the policy on Indian-related names, mascots and imagery. As previously noted, when citing this principle, the NCAA conveniently leaves out the sentence that I've emphasized below.

2.6 THE PRINCIPLE OF NONDISCRIMINATION [*]

The Association shall promote an atmosphere of respect for and sensitivity to the dignity of every person. It is the policy of the Association to refrain from discrimination with respect to its governance policies, educational programs, activities and employment policies, including on the basis of age, color, disability, gender, national origin, race, religion, creed or sexual orientation. It is the responsibility of each member institution to determine independently its own policy regarding nondiscrimination. (Adopted: 1/16/93, Revised: 1/11/00)

In summary, the NCAA's constitution says that one of the primary reasons it exists is to ensure fair and equal competition among its members by requiring them to follow the organization's regulations on (but not limited to) admissions, financial aid, eligibility and recruiting. But in UND's case, the NCAA has enacted a rule that violates an article of its own constitution and treats UND and its athletes unfairly and unequally in postseason competition.

[dagies]

Wow.

The NCAA says its governance shall apply to basic athletics issues only. Not how members conduct themselves in other ways.

The NCAA will not set up policies that discriminate, or encourage members to discriminate, yet each member institution is to set up their own policies regarding discrimination.

Yet the NCAA has come forth with a policy that arbitrarily judges which member institutions are being "hostile and abusive", and penalizes them for this.

I can now understand why Pres. Kupchella felt that his best chance of winning an appeal through the NCAA is with the Council of Presidents. All presidents of member institutions should be VERY wary of the NCAA acting out of the boundaries of its own constitution.

[Diggler]

Is the Council of Presidents the next step in the appeal process after the Executive Commitee.

[Sioux-cia]

Is the Council of Presidents the next step in the appeal process after the Executive Commitee.

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Yep

[Cratter]

UND turns to state for advice

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Here's the revised edition:

http://www.grandforks.com/mld/grandforks/12874883.htm

[PCM]

This is a bit different from what was originally reported in Herald's story.

Editor's note: The following story was re-edited to make it clear that UND is not asking the state Board of Higher Education to decide whether the school should keep its Fighting Sioux nickname. The school may ask the board for endorsement for a potential lawsuit over the issue if the appeals process does not result in a favorable ruling for the university.

UND President Charles Kupchella has informed the head of the state university system that he may seek legal advice from the system's governing board if appeals fail and the school decides to take its argument with the NCAA over the "Fighting Sioux" nickname and logo to court.

[82SiouxGuy]

Phil Harmeson was on KNOX with Mike McNamara this morning and said the same thing. He said Kupchella was very upset with the original story in today's Herald because it was misleading. They even discussed asking for a retraction. They made a point of saying that UND will go through the appeal process and keep the Board informed, but planned to pursue legal action if the appeals failed.

[PCM]

From the Associated Press:

UND doing preliminary legal work in nickname dispute

UND President Charles Kupchella said school officials will discuss a possible lawsuit against the NCAA with the state Board of Higher Education at the board's November meeting.

"I would hope there's some way to find common ground to get this issue behind us," Potts said. "It's very distracting, to UND particularly, and to some extent, our state."

The school has no plans to ask the board if UND should change the nickname, Kupchella said.

[star2city]

This editorial is more than a month old from The FORUM, but it needs to be posted just to show how much support UND officials are getting from the Bison media. Not only is their statement misleading (the "hostile and abusive" language must be removed prior to any consideration of a name change), but shows, IMO, the sly and disingenuos nature in which they attack UND athletics and undermine its leadership.

http://www.in-forum.com/articles/index.cfm...section=Opinion

LEAFY SPURGE: To University of North Dakota officials who seem to have changed the way they view tribal endorsement or rejection of UND’s “Fighting Sioux” logo and nickname. Not long ago the school was making the argument that at least one Sioux tribal council supported the name, which lent credence to the university’s determination to keep the name. But when leaders of that same tribe reversed course and came out against the logo, a UND spokeman said the school was not “hanging its hat on any existing or in-play resolutions of any tribe.” Now the school says the contentious issue is a matter of a relationship with American Indians as individuals. Whether one wants to keep the Fighting Sioux name or scrap it, UND’s malleable position regarding American Indian support is not credible.

[redwing77]

Why would the Bison media support UND?

Why does everyone here seem to think the Forum SHOULD be supportive of UND? They have NEVER been supportive of UND as far as I can tell. Why should they?

This name fiasco gives the Forum a way to be edgy, spur on this filth and lies and boost readership because people seem to like to read about and watch dirt throwing contests (Uh...reality TV anyone?). I doubt they'd be this callous if it were NDSU's name being attacked.

I hope no one posts another Fargo Forum news clipping here. We know their position already. There's nothing they can print that will change their stance.

[PCM]

From today's Grand Forks Herald:

CLARIFICATION: About Tuesday's nickname story

Kupchella said the story incorrectly implied that UND was asking the state Board of Higher Education to consider whether UND should keep its Fighting Sioux nickname.

Kupchella also said the story incorrectly implied that UND is reluctant to explore the possibility of a lawsuit because of fear the university might lose.

IN THE MAIL : Kupchella: Herald story inaccurate

The implication in the story that the State Board of Higher Education is being, or has been, asked to revisit the entire nickname issue is simply false.

We believe the NCAA is wrong to have involved itself in the issue in the way it has. I hope that UND can resolve this issue without litigation so that we won't have to go to the expense and the time that a lawsuit will require.

In our next level of appeal to the NCAA, we are going to invite the NCAA to come here for a visit. We had expected a visit from the NCAA before it ruled on our initial appeal. We hope they will now visit our campus and state to see that we treat our logo and nickname with utmost respect.

NCAA: Kupchella: Nickname change not on agenda

UND president says he's talking to state board about legal options, not nickname review

UND President Charles Kupchella said Tuesday his school would touch base with the North Dakota State Board of Higher Education before it pursues legal action against the NCAA, if appeals to an NCAA ruling that puts restrictions on the school's Fighting Sioux nickname and logo fail.

However, he stressed that the board wouldn't be asked whether UND should keep or discard the controversial monikers. Rather, the school simply would request the board's support for any legal steps it could eventually take against the NCAA.

While UND works on its appeal, Kupchella said, on a parrallel track, school officials continue to try to meet and discuss concerns with American Indian tribes in the state.

[PCM]

From The Daily Pennsylvanian:

Is Penn's Quaker offensive?

The NCAA's effort to rid college sports of the Sioux, the Savages and the Indians, raises another question...

The American Friends Service Committee, a Philadelphia-based Quaker social justice organization which has offices around the world, has not found any reason to complain.

"We haven't had any objection to the use of the Quaker," said Janis Shields, the AFSC's director of media and public relations. "Kind of like Quaker oatmeal."

[PCM]

From Northeastern News (the student newspaper of Northeastern University):

Commentary: Put offensive mascots in the penalty box

This weekend, our men's hockey team finds itself in the center of the debate as they travel to the University of North Dakota to face the Fighting Sioux. The team has been in the headlines lately and not for their goal scoring. UND is in a fight with the NCAA over the use of their nickname.

Just a few hundred miles from UND is Iowa City, home of the University of Iowa Hawkeyes. While not in trouble over their name (what is a hawkeye?), Iowa has received its share of negative publicity regarding a decades-long tradition many feel has run its course. For years, Iowa painted the visiting team's locker room and shower pink, a tradition started by former football coach Hayden Fry who felt it had a "calming and passive" effect on people.

The universities of Iowa and North Dakota however, are supporting sexist, racist, and divisive stereotypes. It goes beyond school spirit when I cheer for our Huskies at UND this weekend: Go Dogs, conquer unfair stereotypes!

I have to laugh at the University of Iowa. It's an NCAA "model insititution" because of its policy of not playing teams with American Indian monikers, but it still gets hammered by the PC crowd because of its pink visitor locker room.

Don't forget what else is going on at Northeastern. You just can't make this stuff up.

[HockeyMom]

It's a good thing that Northeastern doesn't live in a glass house.

[ScottM]

I would not really put Northeastern at "the center" of this issue, as the odds are very remote we'll ever see them in the post-season.

[dagies]

That's amazing, PCM. Thanks for the link.

The nickname "The Fighting Sioux" obviously paints the Sioux tribes with a warlike brush. After white settlers killed and displaced the Great Plains tribes, the term implies that the Sioux were the instigators, rather than a peaceful indigenous people brutally suppressed by the "manifest destiny" theory of expansionist America.

This is what I find amazing about some of the anti-nickname types. Where does he come up with this perception? The term "Fighting Sioux" never implied to me that the Sioux were a "warlike" people. When I went to school there it meant a group of people who fought bravely and effectively. WHERE does it imply that the Sioux were instigators of ANYTHING?

As for painting the Sioux as "peaceful indigenous people" I've read enough to know that battle with the neighbors wasn't always in self defense...

[CoteauRinkRat]

Don't forget what else is going on at Northeastern. You just can't make this stuff up.

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Wow, that is incredible. Thanks for the link.

[UND92,96]

From Northeastern News (the student newspaper of Northeastern University):

Commentary: Put offensive mascots in the penalty box

I have to laugh at the University of Iowa. It's an NCAA "model insititution" because of its policy of not playing teams with American Indian monikers, but it still gets hammered by the PC crowd because of its pink visitor locker room.

Don't forget what else is going on at Northeastern. You just can't make this stuff up.

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Wow, as if I needed another reason to have a strong dislike for Northeastern besides the fact that the infamous Rocky Hager is their football coach!

[Sioux-cia]

Don't forget what else is going on at Northeastern. You just can't make this stuff up.

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People in glass houses......

[PCM]

From the Northeastern News editorial:

The nickname "The Fighting Sioux" obviously paints the Sioux tribes with a warlike brush. After white settlers killed and displaced the Great Plains tribes, the term implies that the Sioux were the instigators, rather than a peaceful indigenous people brutally suppressed by the "manifest destiny" theory of expansionist America.

I wonder which image GrahamKraker prefers? The image of the Sioux as brave, courageous warriors (which they were) or the image of the Sioux passively accpeting their brutal suppression at the hands of white setterlers (which they didn't)?