UND vs NCAA trial starts next month.

[darell1976]

Oct. 24, 2006



Hearing Date Set For North Dakota Suit Vs. NCAA
by Patrick C. Miller/USCHO Arena Reporter
GRAND FORKS, N.D. — A hearing to halt enforcement of an NCAA policy penalizing the University of North Dakota for its use of the Fighting Sioux nickname and logo is scheduled for Nov. 9 in Northeast Central District Court in Grand Forks County.

The hearing is tentatively scheduled from 10 a.m. to 5 p.m. before Judge Lawrence Jahnke. Attorneys representing the NCAA and the state of North Dakota will present arguments on the state's request for a preliminary injunction against the association.



STENEHJEMThe NCAA policy — introduced in August 2005 — prohibits UND from hosting NCAA-sponsored championship events or displaying the school's Fighting Sioux nickname and logo at those events. On Oct. 6, North Dakota Attorney General Wayne Stenehjem filed a lawsuit for the state on behalf of UND and the State Board of Higher Education.

Liz Brocker, a spokesperson for the attorney general's office, said the NCAA is expected to file a response to the request for a preliminary injunction sometime before the Nov. 9 hearing. A formal response to North Dakota's summons and complaint will be due after the hearing, she said.

Jahnke, a Minneapolis native, received his law degree from UND in 1966. All five judges serving in the Northeast Central Judicial District where the lawsuit was filed are UND law school graduates. Stenehjem also received his law degree from UND.

The lawsuit seeks a preliminary and then a permanent injunction against the NCAA's policy, as well as unspecified financial damages and attorneys' costs. The state is suing the NCAA on three grounds:

• Breach of contract for failing to follow the procedures and process for implementing policies as outlined in the NCAA's constitution, bylaws and regulations.

• Breach of good faith and fair dealing.

• Unlawful restraint of trade caused by the NCAA's monopoly position in college athletics.

Citing the approval of local "namesake" tribes, the NCAA has granted policy exemptions to the Florida State Seminoles, the Utah Utes, the Central Michigan Chippewa and the Mississippi College Choctaws. Most of the 18 schools originally identified as having what the NCAA termed "hostile and abusive" nicknames have agreed to comply with the policy.

The state of North Dakota contends that not only did UND have the approval to use the Fighting Sioux nickname and logo from the Spirit Lake Sioux tribe, but also that the appeals process was a "sham." In addition, the state claims that the NCAA applied the policy in a manner that was "arbitrary, capricious and indicative of bad faith" while failing to provide any evidence that UND's nickname and logo "creates or leads to a hostile or abusive championship environment."

For its part, the NCAA has recently outlined its position in the Indianapolis Star, in which senior vice president for governance and membership Bernard Franklin said, "After four years of careful review, the NCAA Executive Committee enacted a policy that aligns the core principles of cultural diversity, civility, respect and nondiscrimination with the practice of creating an educational environment at NCAA championship venues. The policy does not restrict a member institution from participating in an NCAA championship; neither does it require a member institution to change its mascot or nickname."

After the NCAA Executive Committee turned down UND's final appeal last April, North Dakota's State Board of Higher Education gave the university approval to sue the NCAA. Stenehjem is in charge of the lawsuit, which is being funded through donations from alumni and others. The university has also received legal assistance from inside and outside the state, according to UND officials.

UND's use of the Fighting Sioux nickname and logo (the school has no mascot) have been controversial for more than 30 years. Sioux tribes in the Dakotas have passed resolutions calling on the university to change the name. Numerous organizations and programs on the UND campus have passed similar resolutions.


Go gettem SIOUX!!!!!

[TexasTerror]

Got a link to this article? I've had some folks on KatFans.com ask me about the fight with the NCAA that North Dakota is undergoing...

Thanks! :)

[PantherRob82]

This whole thing is stupid. I can't wait until it's over and done with.

[TexasTerror]

Found a link to the above story:

http://www.cstv.com/sports/m-hockey/stories/102406aak.html

[BisonBacker]

This whole thing is stupid. I can't wait until it's over and done with.

Boy have you got that right. I am so sick of this ****, for christs sake they are DII and I don't give a rip about them and their petty squabble with the NCAA. Go post this dribble over on SS.com and stay off this board. The whole thing is so ridiculous and I don't care which side of the fence someones on. They belong to an orginization and if they don't like the rules then don't stay in get the hell out it's pretty simple. xidiotx

[PantherRob82]

Same thing is happening with the Bradley Braves, from the MVC, our basketball conference. Only difference is, they're picking a new name.

[TexasTerror]

Same thing is happening with the Bradley Braves, from the MVC, our basketball conference. Only difference is, they're picking a new name.

How many schools have changed names at this point?

I know former SLC member (now Sun Belt member) Louisiana-Monroe went from being the Indians to the Warhawks...

Has any other school switched names? McMurry (TX), a lower-division school, also switched names. They went from the Indians to the _____. They don't have a name now! An article on that can be found here, http://sports.espn.go.com/ncaa/news/story?id=2628507

[PantherRob82]

The article on Bradley said they have over 300 names submitted.

[JBB]

Its a shame. Now that their president has said its all about money, I have to agree. Und cant get the Tribes to approve the use of their name. The NCAA has made that the #1 criteria.

A new idea is emerging that the NCAA did this to help those being exploited have leverage in getting just royalties. I hope the courts dont let the trademark rights be stolen. Its really a backhanded way to steal trademark rights.

[darell1976]

Boy have you got that right. I am so sick of this ****, for christs sake they are DII and I don't give a rip about them and their petty squabble with the NCAA. Go post this dribble over on SS.com and stay off this board. The whole thing is so ridiculous and I don't care which side of the fence someones on. They belong to an orginization and if they don't like the rules then don't stay in get the hell out it's pretty simple. xidiotx

If you don't like it why did you read it and respond to it.xlolx xidiotx

[darell1976]

Its a shame. Now that their president has said its all about money, I have to agree. Und cant get the Tribes to approve the use of their name. The NCAA has made that the #1 criteria.

A new idea is emerging that the NCAA did this to help those being exploited have leverage in getting just royalties. I hope the courts dont let the trademark rights be stolen. Its really a backhanded way to steal trademark rights.


UND did get approval from a tribe but the NCAA doesn't want to believe it.


The state of North Dakota contends that not only did UND have the approval to use the Fighting Sioux nickname and logo from the Spirit Lake Sioux tribe, but also that the appeals process was a "sham." In addition, the state claims that the NCAA applied the policy in a manner that was "arbitrary, capricious and indicative of bad faith" while failing to provide any evidence that UND's nickname and logo "creates or leads to a hostile or abusive championship environment."

[Dane96]

For the record, the trial doesnt start, just the hearing on the TRO. Trial for that kind of civil case would not get fast tracked.

[darell1976]

For the record, the trial doesnt start, just the hearing on the TRO. Trial for that kind of civil case would not get fast tracked.

Sorry about the wording.:bow:

[BisBison]

What the hell is this doing in the I-AA Discussion Thread:confused: :confused: We are talking about a D-II school with a overactive law school. xcoffeex xcoffeex couldn't care less. I say freeze this thread and move it off this board.:nonono2:

[TheBisonator]

What the hell is this doing in the I-AA Discussion Thread:confused: :confused: We are talking about a D-II school with a overactive law school. xcoffeex xcoffeex couldn't care less. I say freeze this thread and move it off this board.:nonono2:

I agree. This is a discussion that belongs on D2football.com. I'm starting to think that we should ban all UND fans from this site until July 1, 2008 when they ACTUALLY become a DI transitional school.

[dlsiouxfan]

If you don't want to hear about it then don't click on the thread. There are those on the site who are interested in this. Quit crying and suck it up a bit. Some of you look like a bunch of crybabies on here.

[TheBisonator]

If you don't want to hear about it then don't click on the thread. There are those on the site who are interested in this. Quit crying and suck it up a bit. Some of you look like a bunch of crybabies on here.

QUESTION 1:

Are you, or are you not, currently a Division II school??

QUESTION 2:

Why the HELL are ANY of you on our board??

[darell1976]

QUESTION 1:

Are you, or are you not, currently a Division II school??

QUESTION 2:

Why the HELL are ANY of you on our board??

We have D1 hockey so technically we are both D1 and D2. Plus this is about nickname changes do 1-AA teams not have native american nicknames or other names that are offensive?? And finally we can go on any board we want so go cry to someone who cares what you think.:bawling: xlolx

[BisBison]

We have D1 hockey so technically we are both D1 and D2. Plus this is about nickname changes do 1-AA teams not have native american nicknames or other names that are offensive?? And finally we can go on any board we want so go cry to someone who cares what you think.:bawling: xlolx

technically you are D-II, the NCAA allows you to play D-I in hockey because there is no D-II hockey and they allow participation out of your division in one men's and one women's NON-revenue sport (read hockey) This is a I-AA discussion thread, I don't see how your nickname problems is a I-AA concern.

[dlsiouxfan]

technically you are D-II, the NCAA allows you to play D-I in hockey because there is no D-II hockey and they allow participation out of your division in one men's and one women's NON-revenue sport (read hockey) This is a I-AA discussion thread, I don't see how your nickname problems is a I-AA concern.

I'll repeat for you, if you don't want to hear about it then don't click on the thread. How do you know who might be interested about this on this board. Until we see a moderator tag next to your name I think we'll just keep posting whatever we damn please.

[TheBisonator]

I'll repeat for you, if you don't want to hear about it then don't click on the thread. How do you know who might be interested about this on this board. Until we see a moderator tag next to your name I think we'll just keep posting whatever we damn please.

What is the title of this particular forum??

I'll give you a little bit of time to go back to the forum listings and look at the title.

[bisonguy]

Look what I found :rolleyes:

Other Sports For all sports not I-AA. See the terms of service for rules. (http://www.anygivensaturday.com/forum/forumdisplay.php?f=7)

[TheBisonator]

Look what I found :rolleyes:

Other Sports For all sports not I-AA. See the terms of service for rules. (http://www.anygivensaturday.com/forum/forumdisplay.php?f=7)

YEEESSSSS!!!!! THANK YOU, BISONGUY!!!!:hurray: :hurray: :hurray:

BRING THIS THREAD OVER TO THAT FORUM!!!!!

[Husky Alum]

Agreed, this is as off topic as it comes...move it on over to the "other sports"/"off topic" board.

UND sold their soul to a Neo-Nazi and his money, so let them have to deal with the consequences.

[Retro]

Listen, All you Bison fans jumping on UND for having this thread on here need to realize something... This issue involved all levels of college sports including I-AA football, so the outcome of the hearing and possible trial is of interest to me and many others..

Don't start bitching about this thread just because it involves your state rival and your afraid they may get some publicity and support from a lot non sioux fans...

Besides, it probably won't be long before they are part of what is soon to be called Div I championship Division

The NCAA will lose this case or be forced to drop the issue because there is no way in hell they can prove their nickname if hostile or abusive.

[TheBisonator]

Listen, All you Bison fans jumping on UND for having this thread on here need to realize something... This issue involved all levels of college sports including I-AA football, so the outcome of the hearing and possible trial is of interest to me and many others..

Don't start bitching about this thread just because it involves your state rival and your afraid they may get some publicity and support from a lot non sioux fans...

Besides, it probably won't be long before they are part of what is soon to be called Div I championship Division

The NCAA will lose this case or be forced to drop the issue because there is no way in hell they can prove their nickname if hostile or abusive.

I don't care - It doesn't belong on the "I-AA DISCUSSION" forum. Because that's what the TITLE of this forum is.

[igo4uni]

What is the title of this particular forum??

I'll give you a little bit of time to go back to the forum listings and look at the title.

Why such a harsh attack?? I realize that UND is not I-AA, but if you don't like the thread, you don't have to read it.

[TheBisonator]

Why such a harsh attack?? I realize that UND is not I-AA, but if you don't like the thread, you don't have to read it.

IT DOESN'T BELONG ON THIS FORUM!!!!:bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang:

[Tod]

IT DOESN'T BELONG ON THIS FORUM!!!!:bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang:

So what? Take a pill, man. Relax.

[igo4uni]

So what? Take a pill, man. Relax.

I agree with Tod. Chill out.

[No_Skill]

Does anyone know where I can find hubcaps for a '71 Pinto Hatchback?

[Tod]

Does anyone know where I can find hubcaps for a '71 Pinto Hatchback?

Why in God's name would you want to? xlolx xlolx xlolx

[Retro]

IT DOESN'T BELONG ON THIS FORUM!!!!:bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang: :bang:

I wonder if your anger toward it would be as much, if it were William & Mary instead of UND???:rolleyes:

The sudden surge of Bison post on this one thread clearly shows why!:nono:

[TheBisonator]

I wonder if your anger toward it would be as much, if it were William & Mary instead of UND???:rolleyes:

The sudden surge of Bison post on this one thread clearly shows why!:nono:

W&M is a I-AA team. UND is NOT.

[No_Skill]

Hey, remember last year when the NDSU basketball team beat #15 Wisconsin at Wisconsin...that was neat.

[TheBisonator]

Hey, remember last year when the NDSU basketball team beat #15 Wisconsin at Wisconsin...that was neat.

Yeah, that was frickin' AWESOME. I called my brother up and told him the Bison just beat Wisconsin, and he replied, "Nooooo... No they didn't..."

I put the phone reciever up to the TV where the CBS Sports college basketball show were talking about it, and when it was over, his response was, "Oh, SNAP..."xlolx xlolx xlolx

[JBB]

und didnt get permission from the Tribe. Give it up

[darell1976]

und didnt get permission from the Tribe. Give it up

#1. UND has a signed agreement with the Spirit Lake Sioux nation in 2000 so yes they did have permission. #2. UND will be D1-AA in 2008, also this might give W&M fans some interest in this and maybe they can get some things changed since the NCAA is screwing them over with changing their logo and costing their school money. Since NDSU has nothing to do with this thread so why have a heart attack over it. This is simply for fans who take interest in a hearing between UND (yes a d2 football member) and the NCAA which i do believe the Bison is part of so yes this thread has something to do with Division 1-AA since it is part of the NCAA. So just ignore the words UND or Fighting Sioux if you don't want UND part of this board and replace it with all the other teams the nickname change would effect. So all Bison fans....CALM DOWN, because there will be more hearing updates.:smiley_wi

[UNHWildCats]

I would hope the court will recuse itself and ask another jurisdiction to hear the case since all the judges could be biased based on having gone to law school there.

[Mike Johnson]

#1. UND has a signed agreement with the Spirit Lake Sioux nation in 2000 so yes they did have permission. #2. UND will be D1-AA in 2008, also this might give W&M fans some interest in this and maybe they can get some things changed since the NCAA is screwing them over with changing their logo and costing their school money. Since NDSU has nothing to do with this thread so why have a heart attack over it. This is simply for fans who take interest in a hearing between UND (yes a d2 football member) and the NCAA which i do believe the Bison is part of so yes this thread has something to do with Division 1-AA since it is part of the NCAA. So just ignore the words UND or Fighting Sioux if you don't want UND part of this board and replace it with all the other teams the nickname change would effect. So all Bison fans....CALM DOWN, because there will be more hearing updates.:smiley_wi

I understand that the NCAA will next go after the use of the nickname Bison, as the Sioux were heavily dependent on the Bison and it was once an endangered species and now everything the Bison do irritate the Sioux and vice versa.:)

[JBB]

#1. UND has a signed agreement with the Spirit Lake Sioux nation in 2000 so yes they did have permission. #2. UND will be D1-AA in 2008, also this might give W&M fans some interest in this and maybe they can get some things changed since the NCAA is screwing them over with changing their logo and costing their school money. Since NDSU has nothing to do with this thread so why have a heart attack over it. This is simply for fans who take interest in a hearing between UND (yes a d2 football member) and the NCAA which i do believe the Bison is part of so yes this thread has something to do with Division 1-AA since it is part of the NCAA. So just ignore the words UND or Fighting Sioux if you don't want UND part of this board and replace it with all the other teams the nickname change would effect. So all Bison fans....CALM DOWN, because there will be more hearing updates.:smiley_wi xlolx xlolx xlolx xlolx :hurray: :hurray: :hurray: :nono: :nono: :nono: :bang: :bang: :bang: xcoffeex xcoffeex

The permission is from a non binding committee. But you already know that.

[BisonBacker]

I'm sending another donation up North for them to use, I had to flush twice it was big donation. :D

[Eaglegus2]

Thanks to the Horth Dakota Siox fans who have posted this to the forum.

It is interesting to say the least. Especially, since NCAAstands for National Communist Against Athletics.

They are always screwing with colleges and universities throughout the United States of America.

[dlsiouxfan]

xlolx xlolx xlolx xlolx :hurray: :hurray: :hurray: :nono: :nono: :nono: :bang: :bang: :bang: xcoffeex xcoffeex

The permission is from a non binding committee. But you already know that.

I guess if you call the tribal council a non- binding committee. I don't know what other level of approval would really seem to satisfy you if that doesn't. Furthermore, the nicknames use also received broad support on a tribe- wide referendum last spring conducted on the Standing Rock Sioux Reservation, although their council is still opposed. There does appear to be quite a bit of support from the local Sioux tribes much to the North Dakota Ag College's fans.

[lew]

Just out of curiosity, if the Fighting Sioux mascot is considered "hostile and abusive," then why isn't "Fighting Irish" also considered hostile and abusive. I do not believe the NCAA has applied this rule consistantly at all.

[dlsiouxfan]

Just out of curiosity, if the Fighting Sioux mascot is considered "hostile and abusive," then why isn't "Fighting Irish" also considered hostile and abusive. I do not believe the NCAA has applied this rule consistantly at all.

Your guess is as good as mine. Their is also laundry list of other exceptions that boggles the mind including the Aztecs (an NCAA rep actually said the nickname wasn't abusive because the Aztec tribe doesn't exist anymore), the Vandals, Hoosiers, Sooners, Seminoles, and many others. The deciding criteria, in my opinion, seems to be who they think they can get away with pushing around. Big schools like Florida State are OK, but smaller ones like UND and William & Mary aren't.

[star2city]

I'm sending another donation up North for them to use, I had to flush twice it was big donation. :D

Kindly keep the potty humor on the bisonville smack board, where the same lame joke gets constant repetition.

[star2city]

Your guess is as good as mine. Their is also laundry list of other exceptions that boggles the mind including the Aztecs (an NCAA rep actually said the nickname wasn't abusive because the Aztec tribe doesn't exist anymore), the Vandals, Hoosiers, Sooners, Seminoles, and many others. The deciding criteria, in my opinion, seems to be who they think they can get away with pushing around. Big schools like Florida State are OK, but smaller ones like UND and William & Mary aren't.

The NCAA allows Aztecs because the name is not an American Indian name (but technically a Mexican Indian tribe). Canadian Indian names would also be acceptable, as long as no American tribes by that name existed.

The Illinois Illini have the issue that no tribe can approve their name because, technically, the Illini people no longer exist. The NCAA allows the Illini name (because of its derivation from the word Illinois, which is also an Indian name BTW), but not any Indian representations with the name Illini.

There is without question a double standard by the NCAA toward UND. UND has approval from the nearest namesake tribe (Spirit Lake Sioux) as does Central Michigan (Saginaw Chippewa), but in both states, other tribal councils voted against the nicknames. The NCAA applied a capricious and arbitrary standard when they authorized Central Michigan's nickname but denied UND's.

[BisonBacker]

Kindly keep the potty humor on the bisonville smack board, where the same lame joke gets constant repetition.
Kindly keep this entire non relevant und subject off a IAA board.

[star2city]

Can't help but love the hypocrisy of the NCAA and Myles Brand:




After the violence in the Miami-Florida International game (http://sportsillustrated.cnn.com/2006/football/ncaa/10/21/bc.fbc.footballbrawls.n.ap/), Brand had this to say:


"It's disappointing to see violence in college football games," Dr. Myles Brand said .... "The NCAA from the national office can't police all those sites. The handling of individual incidents is properly the job of the local college or university."So violence shouldn't be addressed by the NCAA, but logos and nicknames should be?


The panel addressed the repeated airing of the tape by media outlets such as ESPN. Brand said although that might generate more interest, it should not be avoided.

"We don't want to censor the media," Brand said. "We have to understand that the ability to deal with those kinds of issues isn't so much in the punishment. The horse is out of the barn by the time that happens."Repeatedly showing violence from NCAA events is acceptable and apparently not hostile and abusive, but American Indian names require censorship are hostile and abusive.

[darell1976]

Kindly keep this entire non relevant und subject off a IAA board.

Kindly keep yourself off the 1-AA board.xlolx

[darell1976]

Just out of curiosity, if the Fighting Sioux mascot is considered "hostile and abusive," then why isn't "Fighting Irish" also considered hostile and abusive. I do not believe the NCAA has applied this rule consistantly at all.

That is one thing that makes no sense is that UND has NO mascot and the logo was created by a native american while FSU can have a white guy dress like an Indian ride on a horse with a flaming spear and do the tomahawk chop and that is fine with the NCAA. xidiotx