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Kupchella says...


jimdahl

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Thought I'd give the reaction from the school it's own thread. Undoubtedly more will trickle in, but for now we have... (AP Story)

"We are not only disappointed by the NCAA's action, we are baffled by it," UND President Charles Kupchella said in a statement issued by the school.

"We will continue to take issue with the fact that the policy is illegitimate and that it has been applied to UND inappropriately and in an arbitrary and capricious," Kupchella's statement said. The school will consider legal "and other options," he said.

Kupchella told Fargo's WDAY radio that, "We might have to take some steps to consider some way to preserve the history and tradition and yet modify the name somehow -- but even as we do that, take issue with the NCAA and its approach and the irrational way they've gone about this."

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I don't like Kupchella offering the idea of moderating the name at this point in the process. If the University is serious and confident about challenging this in court, than don't publically make these types of comments. Wait until that is necessary.

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From Forum audio clip.

If you want it verbatim, click the link and listen. This appears to be before the news release on which the above story was based. This is a summary:

As anticipated, this is an appeal of course heard by the very group of executive committee members that promulgated the policy in the first place so we anticipated that they would deny our appeal. But given these recent developments, and that we now have evidence of support, even though it's not official in one case, from both tribes, we're just baffled by what basis or what position... we wait with great anticipation for their rationale.

We're baffled and disappointed. We're going to continue to take issue with that the policy is illegitimate. The executive committee has no business making laws. It's a legislative process that's in the NCAA bylaws for that. They applied it to us inappropriately and in an arbitrary and capricious way, applying it to some schools and not others. We'll have to consider legal and other options, but we will do that with the State Board of Higher Education, because as you know our use of the nickname and logo is a matter of Board policy. We have to take it up with the Board. Because we anticipated this outcome, we've been reviewing the possibility of litigation we would undertake either jointly with schools that are similarly affected because many of us have the same argument, or perhaps alone because some aspects of it are unique to our particular case.

Of course we don't have their rationale. We know there is some opposition to our use of the nickname and logo. How in the world can a group somewhere in another part of the Midwest, probably never having been her in some cases, have their view supercede and use undefined terms like hostile and abusive when we have an official go ahead and use it from one tribe and it appears a large majority of people on the Standing Rock Reservation support. Clearly they should have the best view of anything hostile and abusive.

We're going to consult with the State Attorney General to see what our options are, weight those, and decide which way to go. If we go to court, we may lose. We may have to take some steps to preserve the history and tradition but modify the name somehow.

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I believe that the only thing that would stop UND from legal action is if the SBoHE decided to stop it. I don't think that UND is ready to show it's cards yet, but this issue is not anywhere near done. My guess is that one (or more) of those UND educated lawyers will take this case and run with it. It wouldn't surprise me if the AG gets involved since it is a North Dakota institution.

There is no guarantee of success in a court of law, and that may have prompted the comment about modifications to the name. That is an issue of last resort right now.

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I believe that the only thing that would stop UND from legal action is if the SBoHE decided to stop it. I don't think that UND is ready to show it's cards yet, but this issue is not anywhere near done. My guess is that one (or more) of those UND educated lawyers will take this case and run with it. It wouldn't surprise me if the AG gets involved since it is a North Dakota institution.

There is no guarantee of success in a court of law, and that may have prompted the comment about modifications to the name. That is an issue of last resort right now.

I agree with you. I don't take this statement

If we go to court, we may lose. We may have to take some steps to preserve the history and tradition but modify the name somehow.

to read, "Ok, we lost, better change the name." Much as I hate to admit it, we could lose this in court. That's what Kup is saying. If we lose this, we'll change the namd and do it preserving history and tradition.

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??? Start rant here------>

UND has the NCAA right where they want them. IMHO Anti-trust practices by the NC$$ are going

to be the down fall of the NCAA.

I seen the interview on WDAZ and the idiot from the NCAA keeps saying "mascot" when talking about UND

hello there is NO mascot at UND... :)

82SiouxGuy,

I think you hit the nail on the head. "if the AG gets involved since it is a North Dakota institution." :sad:

This just screams "States Rights" Vs NCAA. This is not an issue like the Stars and Bars problem they had in the south. Mainly when you have a judicial committee member of the Standing Rock sending letters of support.

Is it up to the NCAA to say, Mr. Fool Bear what you seen at the UND vs MINN hockey game really was hostile and abusive?? Starting to sound like a few people at UND, M-Ketterling, L. Jeanotte and a few others at UND. ;)

End rant <------ :D

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I didn't know which one of these threads to post this on, so I hope this is a fine place for it! I am so MAD ;) at the stupid insane ncaa (they deserve lower case!). I could run on for quite a while but I realy don't feel like it right now because it so late. I can say though that I hope the U drags this out intell they get to use the name and logo! I don't care how long it takes!

If I had a trillion $, I'd do like D-1A football does and start a new national hockey turnament with the ncaa having no part in it!

University of North Dakota Fighting Sioux forever!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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