N.D. lets nickname settlement fall by wayside
By Rich Becker, Grand Forks Herald
GRAND FORKS — Nearly a year after the supposed settlement between North Dakota and the NCAA over UND’s Fighting Sioux nickname and logo, there seems to be an absence of public effort in achieving a win/win solution.
UND has provided the largest arena of positive name recognition for the Sioux Nation on a national and international level for more than a half-century. One wonders why something as important to the promotion of the Great Sioux Nation’s accomplishment in today’s modern world would be held in such low regard by a few tribal leaders — such low regard that the leaders seem not willing even to sit down at the table, as the settlement agreement requested.
Even today, it takes two parties working together to build a better vision of tomorrow.
One wonders whether this lack of concerted effort is due to lack of vision on how to proceed or perhaps even worse, the lack of political will on both sides. Why are the attorney general and the governor not at the table leading the discussions, when the reputations of both UND and the state are involved?
Bill Goetz, chancellor of the State Board of Higher Education, seems to be the only person tasked with the effort, but few if any positive results have come forward. Many people feel that the only game plan being considered is one of retiring the name.
Two very key points in legal research done by a prominent Grand Forks attorney, Gordon Caldis, indicate that previous federal court decisions show that American Indian names such as Sioux are in the public domain, have no negative connotations and belong to no one person or group.
In fact, UND has a certificate of copyright on the Sioux logo that is protected by federal law. Likewise, courts in Wisconsin, Illinois and Massachusetts have decisions on record that uphold the use of American Indian names, logos and mascots.
The NCAA and the local group of nickname opponents on campus have not come forward with any case law rebutting these claims but only petition signers with personal opinions.
One wonders why it was not mentioned in any settlement discussions that the U.S. Department of Education’s Office of Civil Rights conducted an investigation on the UND campus but made no sanctions against UND. Further, the U.S. Department of Education has jurisdiction over U.S. colleges and universities, not the NCAA.
The other key point in the research shows that the NCAA Constitution neither grants nor even mentions any NCAA authority to interfere with member institutions in their operations. The association’s authority lies exclusively in regulating the rules and play of intercollegiate sports.
Again, one wonders why little, if any, mention is ever made of the local and national scientific polls conducted by UND, The Forum of Fargo-Moorhead, the Annenberg Public Policy Center and Sports Illustrated. These polls all determined that American Indians are decisively in favor of or have no objection to American Indian nicknames, logos and mascots being used in athletics.
One wonders why the extensive legal research done by Caldis never has been acknowledged by any of those in leadership positions who have received his information.
May I suggest that even today, it is not too late for visionary leaders of our local, state, national and tribal governments to come together for the people’s good and show cohesion between the Sioux tribes, the state and UND.
We all want to promote the well-being of the Sioux Nation and shake hands with that nation as a partner in the building of our great state. We all will be the winners when this is done.
Sunday, August 17, 2008
A good letter to the editor on the name settlement.
Here is a good letter to the editor that was in the Grand Forks Herald today. Becker asks some really good question. Where the hell is the governor and the attorney general or team North Dakota. The attorney general and governor are missing in action as well as team North Dakota, the three amigos are too busy posing with their belt way liberal buddies, and shoving wind power down our throats.
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