Sebastian's Corner

The pageantry and traditions of collegiate athletics are difficult to describe in words.  The pride that swells in fans and alumni when they witness another rendition of “Script Ohio,” Sooner Schooner’s ride across the field, or Chief Osceola throwing a flaming spear at the 50-yard line is immeasurable.  Every university has its own traditions, marching band, and mascot.  All of these aspects add to the experience of attending an athletic event.  In 2005, the NCAA implemented a policy that limits the use of mascots and nicknames that are “hostile and abusive” towards Native Americans.  As a result, many universities across all NCAA divisions were forced to change their nicknames or prohibit further use of their mascots and certain traditions.  The University of North Dakota – nicknamed the “Fighting Sioux” – has fought this NCAA policy for over five years.  North Dakota will make their final stand in a few weeks, hoping to change the NCAA’s mind, during a hearing with the collegiate governing body.

The NCAA policy, approved in August 2005 and implemented in February 2006, prohibits the use of nicknames and mascots portraying Native Americans in a “hostile and abusive” manner, but only during NCAA postseason tournaments.  The NCAA believes that universities have every right to use whatever nickname or mascot they choose during the regular season.  However, nicknames that violate the policy may not appear on team uniforms during NCAA postseason tournaments and the mascots may not accompany teams to those tournaments.  Furthermore, universities that violate the policy are no longer allowed to host NCAA postseason events.  The inability to host postseason events can lose millions of dollars in potential revenue for schools and the communities in which they are located.  Some Division I universities that were affected by the policy include the following: Arkansas State University – changed its nickname from Indians to Red Wolves; the University of Illinois – discontinued use of its “Chief Illiniwek” mascot; and, the University of Louisiana Monroe – changed its nickname from Indians to Warhawks.

The University of North Dakota is not the first school to appeal to the NCAA in order to continue using a nickname referring to a Native American tribe.  Other major universities have appealed successfully.  Florida State University proved that the Seminole Tribe of Florida supports its use of the nickname, Seminoles, and of the mascot, “Chief Osceola.”  Central Michigan University and the University of Utah also showed that local tribes support use of their respective nicknames, Chippewas and Utes.  The NCAA takes the stance that if all tribes associated with a university’s nickname consent to its use, then the university is exempt from the policy. 

Florida State, Central Michigan, and Utah feel that they are honoring the Seminoles, Chippewas, and Utes much like Louisiana State University’s nickname, Tigers, honors a battalion of soldiers from the Civil War.  They also feel that it highlights the tradition and history of their states and regions – a tradition and history that greatly involves the Native American tribes.  North Dakota also believes it is honoring the Sioux nation and highlighting its rich history and tradition in the state.

In 2007, the University of North Dakota filed suit in state court against the NCAA in an attempt to continue using the nickname, “Fighting Sioux.”  The judge ruled that the university had three years to obtain consent from both the Spirit Lake Sioux tribe and the Standing Rock Sioux tribe that are still located in North Dakota.  The Spirit Lake tribe gave their consent but the Standing Rock tribe refused to even hold a vote, as they have long opposed the university’s use of the nickname. 

The University of North Dakota was ready to move on and change their nickname by August 15, 2011 after failing to get the Standing Rock tribe to reconsider.  However, state legislators passed a law in March 2011, requiring the university to maintain the nickname.  University officials decided that they will follow the North Dakota Board of Education’s decision to abandon use of the nickname in a few weeks, despite this legislation.  Likewise, an NCAA spokesman, Erik Christianson, said “the NCAA policy remains unchanged.”  Now, university officials, North Dakota Board of Education officials, and members of North Dakota’s state legislature will meet with NCAA officials on August 12, 2011 to decide the issue for good.

At the hearing in a few weeks, the university and the state school board appear resigned to change their nickname as the NCAA wants.  The North Dakota state legislators staunchly oppose that position and they will argue their case to the NCAA.  If they sway the NCAA, the university would gladly keep the “Fighting Sioux” nickname, as it originally planned.  Unfortunately for the North Dakota state legislature, the NCAA’s policy does not impede the application of their state law.  The NCAA’s policy allows the university to keep using its nickname in any regular season athletics contest.  Some schools refuse to schedule games with teams that violate this particular NCAA policy, and because of this, the university fears its transition to the Big Sky Conference next year could be in jeopardy if they continue to use the nickname past August 15.  In the end, it is unlikely that the NCAA changes their position towards the “Fighting Sioux” nickname.  Since the University of North Dakota does not want to lose the capability to host NCAA postseason events or complicate its ability to schedule future games, the “Fighting Sioux” nickname will likely be retired.

- Rob