Mascot Dispute Escalates

Universities consider suing the NCAA after it rejects appeals over the use of American Indian images

The National Collegiate Athletic Association denied appeals last month from three universities who want to continue using American Indian mascots and nicknames that the association has deemed to be “hostile and abusive.”

The ruling, by the NCAA’s Executive Committee, means that Indiana University of Pennsylvania, the University of Illinois at Urbana-Champaign, and the University of North Dakota will not be allowed to participate in or serve as hosts for NCAA postseason tournaments unless they drop their American Indian mascots and team nicknames.

Nine months ago, the NCAA ordered 19 colleges to stop using American Indian nicknames during postseason competition. After last month’s ruling, six colleges remain on a list of institutions banned from playing in or serving as hosts for postseason games because they have not changed their mascots or nicknames. Appeals from three other colleges are pending. (See the table on Page A44 for the status of all the cases.)

NCAA officials described last month’s ruling as final, but the confrontation does not appear likely to end anytime soon. Officials at Illinois and North Dakota sharply criticized the decision and are considering legal action against the NCAA to keep their names without penalty.

The issue raises questions about what legal right the NCAA has to prohibit certain universities from using mascots and team nicknames that they choose. Courts have traditionally given the NCAA broad latitude to enforce its rules on member colleges. But some legal experts question the way in which the association formulated its mascot policy, and say that it could violate universities’ legal rights to equal protection because it singles out some Indian mascots and not others.

Myles Brand, the NCAA’s president, said in a news conference last month that the association has the “obligation and responsibility” to ensure that its championship events are conducted in a way that respects the rights of members of all ethnic groups, including American Indians. All ethnicities, he said, are guaranteed rights under the U.S. Constitution.

Asked how the NCAA’s policy would hold up if it was challenged in court, Mr. Brand said the association “feels very confident in its position and will defend it to the utmost.”

Fighting Back

The latest rulings angered officials at the University of Illinois at Urbana-Champaign and the University of North Dakota. Of the six colleges on the list of banned institutions, Illinois and North Dakota have the most to lose because they have the biggest athletics programs.

Last fall Illinois officials won an appeal from the NCAA to keep using the university’s “Illini” and “Fighting Illini” nicknames. The latest appeal involved its Chief Illiniwek mascot, which NCAA officials still consider hostile and abusive.

Last month Illinois officials said that a ban on holding NCAA postseason events would put Illini athletics programs at a competitive disadvantage and could prevent the university from being able to recruit the best athletes and coaches.

The ruling could have an immediate impact on the university’s athletics program. The Illini men’s tennis team, ranked among the nation’s top 10 programs, was expected to play host to early rounds of the NCAA tournament beginning this month. Now the team may not be able to play postseason home matches.

Many of Illinois’s other sports programs could also suffer. The Illini have played host to NCAA championship events in eight different men’s and women’s sports, and regularly compete for national championships in many events. In men’s gymnastics, for example, Illinois was host to the NCAA championships in 2004, and the Illini team finished second in NCAA competition this year.

The NCAA denied North Dakota’s appeal to keep using its “Fighting Sioux” nickname after hearing from a Sioux leader who said his tribe opposed the university’s use of its name.

Charles E. Kupchella, president of the University of North Dakota, said in a written statement that he was “baffled” by the NCAA’s “arbitrary and capricious” ruling. He said the university planned to consider “legal and other options” with the state’s board of higher education and North Dakota’s attorney general.

North Dakota has one of the best Division I hockey programs in the country, and often holds NCAA tournament games in its $100-million Ralph Engelstad Arena.

The facility has thousands of images of the university’s “Fighting Sioux” logo emblazoned on the walls and on the gymnasium floor. To hold NCAA postseason games there now, the university must change its nickname and cover up those images.

Finding Fault

If any college sues the NCAA to keep using its American Indian images in postseason play, a court may find fault with the way the NCAA enacted its mascot policy, several lawyers say.

The NCAA’s Division I Board of Directors normally hands down legislative changes after member colleges weigh in. In this case, however, the association’s Executive Committee passed the policy without allowing colleges as much input as the board usually does.

The Executive Committee is considered a governance body and does not enact legislation, but under NCAA bylaws it oversees associationwide issues and is allowed to establish policies.

Some lawyers say that because the NCAA did not follow its normal procedures, a court may consider overturning the policy.

Bernard W. Franklin, a senior vice president at the association who oversees the Executive Committee’s mascot work, says the decision was well vetted by member colleges.

“This decision came about after a five-year review,” he says, adding that it should not have surprised anyone.

http://chronicle.com Section: Athletics Volume 52, Issue 36, Page A43