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North Dakota Representatives asserts itself over NCAA in battle of school nicknames.

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February 28, 2011

By Eileen McGuire-Mahony

Bismarck, NORTH DAKOTA: The National Collegiate Athletic Association, ostensibly a body concerning itself with steroid use and improper compensation of college players, is now a key player in an overtly political game. Years ago, the NCAA compiled a list of college mascots and nicknames deemed “hostile and abusive”. Among the targets was the University of North Dakota, home of the Fighting Sioux.

And the Fighting Sioux did just that. The state's lawsuit turned into a series of careful negotiations, with UND agreeing to drop both its school nickname and Indian head mascot unless both of the state's Sioux tribes explicitly approved retaining them. That settlement, along with UND's eligibility to host NCAA post-season tournaments, is on the line after the North Dakota House of Representatives passed a bill that would bar the state's flagship school from dropping its iconic logo.[1]

Having passed the bill, 65-28, the House passed debate onto it Senate counterparts, who received the bill February 22nd.[2] Its sponsor, Al Carson, cites wide public support of the “Fighting Sioux”, public sentiment he says the State Board of Education ignored in negotiating with the NCAA. His allies say that should UND accede to NCAA wishes, they will pick up a reputation as a school with no will to preserve its traditions. On the other side, some are saying tradition is a necessary sacrifice to avoid endless controversy.[3] Some opponents go further, saying the Indian logo is racist and that tradition is no argument at all in favor of retaining the mascot.[4]

Two weaker versions of the bill, which would have allowed one of North Dakota's recognized Sioux tribes to make a reservation vote in favor of revoking permission to use the name, failed dismally. The Standing Rock Sioux governing council has previously passed resolutions against the UND nickname, but they declined even to ask for a 'reservation vote' on the issue. The other tribe, the Spirit Lake Sioux, took an April 2009 referendum wherein they endorsed both the logo and the nickname.

If HB 1263 passes the Senate and becomes law, it also directs Attorney General Wayne Stenehjem to consider anti-trust action against the NCAA should the athletic body actually pursue penalties against UND. The NCAA has declined to comment. As for the actual Fighting Sioux, the seven time national champion University of North Dakota Men's Hockey Team, they clinched a 15th WCHA championship over the weekend and are set to play Michigan Tech for the chance to take home the MacNaughton Cup in two weeks' time.

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