Sebastian's Corner

While the dominant story in collegiate athletics last week revolved around Texas A&M’s possible defection to the SEC (no move will be made just yet), several very important meetings were conducted in Indianapolis – where the NCAA is headquartered.  On Friday, both Ohio State and North Dakota met with NCAA officials.  Ohio State’s athletic director, president, compliance personnel, and football coaches were undergoing their hearing with the NCAA’s Committee on Infractions (COI) for major violations committed by several football players and former head football coach, Jim Tressel.  North Dakota’s university officials and a contingent of members from their state government were there to plead their case for the continued use of the nickname, Fighting Sioux, and this logo one more time.  Meanwhile, a summit consisting of 50 collegiate president invitees and high-ranking NCAA officials, including the current president, Mark Emmert, had met on Tuesday and Wednesday to discuss the landscape of collegiate athletics.  The president of Ohio State University, E. Gordon Gee basically spent all week in Indianapolis. President Donna Shalala from the University of Miami was one of the invitees to the presidential summit as well.  Hopefully she spent some time with Gee discussing investigations into university athletic departments, because the University of Miami might endure the full process that Ohio State has nearly completed, but more on that in next week’s post.  For now, here is a discussion of the business conducted in Indianapolis last week.

First, let’s address the University of North Dakota’s proceedings.  As predicted in a previous post, the NCAA did not budge on its policy towards “hostile or abusive” uses of Native American nicknames or mascots.  Therefore, starting this fall, North Dakota’s athletics teams will not be allowed to compete in NCAA championships unless they wear uniforms without the words, “Fighting Sioux,” and also without any depiction of their former logo.  North Dakota Governor Jack Dalrymple said state lawmakers will begin the process of repealing the law that made it illegal for the University of North Dakota to abandon the Fighting Sioux nickname or logo.  This process won’t be completed for many months, but university officials have said they will comply with the NCAA policy with appropriate uniforms for postseason competition this year.  Once the law is repealed, the university will likely reach out to its students, alumni, and boosters to collaboratively develop a new nickname and logo.

The Ohio State University’s time in Indianapolis was very brief.  Its hearing with the COI lasted only four hours.  After notifying Ohio State in mid-July that they largely agreed with the university’s response to the COI’s Notice of Allegations, there was clearly not much new to bring up at this hearing.  Gee and Tressel were both given chances to speak at the hearing, as well as the athletic director, Gene Smith, and compliance personnel.  Afterwards, Gee stated that the COI “treated [Ohio State] fairly and gave us ample time to share our perspective.”  ESPN released several erroneous reports concerning the Ohio State case last week.  First, Pat Forde claimed that another letter had been sent from NCAA enforcement staff to Ohio State officials in July that dealt with an unresolved allegation that they were still actively investigating.  The letter that Forde was referring to was actually sent from members of the enforcement staff to members of the COI.  Tressel’s lawyer, Gene Marsh, who is a former COI chairman, told the Columbus Dispatch that the ongoing investigation discussed in the letter concerned more potential infractions by Tressel.  Marsh also said the investigation surrounding the former Buckeyes coach is now finished and did not yield any further infractions.  The only thing Ohio State must do now is wait.  The COI generally provides a final ruling in two or three months after hearings like this.  Unless proof of new allegations is provided, Ohio State will not face another hearing in front of the COI as Forde suggested.

While North Dakota was seeking exemption from an established NCAA policy, and Ohio State was focused on progressing towards closure of their major infractions case, the presidential summit was concerned with reform and potential improvements on big picture issues in collegiate sports.  The collegiate presidents who were in attendance reportedly were in unanimous agreement that major changes are needed in collegiate athletics.  One mentality that NCAA President Mark Emmert walked away with from this summit was that rule breakers need to be punished more harshly.  Time will tell how this mentality takes form.  Could a school like Ohio State receive huge penalties, despite the fact that the COI commended the efforts of their compliance department, and declined to charge them with a lack of institutional control or a failure to monitor?  It’s possible, but it seems this new mentality to increase the severity of punishment might not sink in that quickly.  Emmert also isn’t likely to influence the COI to hammer Ohio State when the university’s compliance department apparently did a good job and the university self-reported every infraction as soon as it was discovered.  In the future, though, the new, tougher attitude of NCAA officials might lead to making an example out of a major rule-breaker or two. 

Another very important development in collegiate athletics occurred at this presidential summit.  The presidents in attendance proposed a much tougher stance on athletics teams that achieve a sub-standard Academic Progress Rate (APR).  A more thorough explanation of how APR can be calculated is contained in this previous blog post.  As a brief recap, though, APR measures the ability of members of each sport at a university to remain eligible in each semester.  It also measures each university’s retention rate of student-athletes.  Points are awarded for each student-athlete who remains eligible and who stays enrolled at his or her current university.  In the past, individual sports teams at any university that average less than 930 in APR were subject to losses of scholarships and other penalties of that nature.  Now, the presidents at this summit were in agreement that penalties for teams that average less than 930 for a four year period should be increased tremendously.  A proposed rule change will make its way through NCAA committees in the upcoming months that would prohibit teams who average less than 930 in APR from participating in NCAA championships in a given year. The host of ESPN’s “Pardon The Interruption,” Michael Wilbon, alleged that the University of Connecticut’s men’s basketball team would not have been eligible for the NCAA Men’s Basketball Tournament last year, had this rule already taken effect.  Thus, the Huskies would not have been able to earn their third national championship in the sport.  Going forward, this will be a huge incentive for coaches to stress the increasing importance of academic achievement for student-athletes.  The rule could go into effect as soon as the 2012-2013 academic calendar year.

All in all, it was an extremely busy week in Indianapolis.  The North Dakota issue is now settled for good.  Ohio State’s major infractions case – the most covered story in collegiate sports in the past seven months – is almost settled.  Lastly, major changes appear to be on the horizon in NCAA-sanctioned athletics.  Standards for academic achievement and rules compliance continue to heighten.  Many people feel collegiate athletics are currently out of control and NCAA President Mark Emmert clearly wants to increase the integrity of collegiate programs around the country.

- Rob

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