Who is filing the lawsuit?

This screen shot will tell you who is filing the lawsuit, Reed Soderstrom and you will also notice that Archie Fool Bear on behalf of 1004+ petitioners.

Fighting Sioux nickname meeting with NCAA rescheduled for Aug. 12

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Here is the latest from the meeting between the NCAA and the UND delegation.

BISMARCK — A meeting between North Dakota and NCAA officials to discuss the University of North Dakota's Fighting Sioux nickname has been rescheduled for Aug. 12.

It's being held in the association's headquarters in Indianapolis. It is set three days before the NCAA intends to sanction the university for continuing to use its Fighting Sioux nickname and an American Indian head logo.

The NCAA considers the name and logo offensive, but a new state law says UND has to use them.

The meeting had been set for Monday, but it was postponed because of the death of the North Dakota Senate's Republican majority leader, Bob Stenehjem (STEN'-jum).

State Board of Higher Education president Grant Shaft says the meeting is likely to be in the afternoon.

Related articles

• UPDATE: Shaft: NCAA meeting about Fighting Sioux nickname postponed (mvn.com)
• Fighting Sioux nickname meeting may face snag (mvn.com)
• Will the Gophers want to duck the Sioux? (mvn.com)

Herald Opinion Page; Lawmakers assumed responsibility for nickname

I think this opinion piece from Tom Dennis brings up a good point, that I am going to expound on just a little more; why aren't our elected leaders from “Team North Dakota” (Kent Conrad, John Hoeven, Rick Berg) also involved in this process as well? Why not give the North Dakota's elected leaders congressional a call and ask them; here are the phone numbers, Senator Conrad’s office: 701-232-8030, Senator Hoeven's office: 701-239-5389 or Congressman Berg's office: (701)-224-0355. Remember, if you call them be respectful, I have found in the past Senators Conrad's staff to be very polite and easy to work with.

Tom Dennis for the Herald, Grand Forks Herald ---- “You break it, you own it.” That’s the Pottery Barn rule, said former Secretary of State Colin Powell. It’s also the warning Powell gave to President George W. Bush on the eve of the invasion of Iraq.

Today, Gov. Jack Dalrymple and North Dakota legislative leaders should remember the Pottery Barn rule as they weigh their options regarding the Fighting Sioux nickname.

By passing a law forcing UND to keep the nickname, the Legislature and governor took responsibility for the issue. That means they now have a duty to minimize or eliminate any harm to UND.

And that, in turn, means they should act to bring about a positive outcome rather than passively observing what happens next.

“Be a player who makes things happen,” smart coaches often tell their athletes. It’s good guidance for the governor and legislative leaders, too, if they’re looking for advice on what to do next.

For UND and the State Board of Higher Education were on their way to settling the issue when the Legislature and governor intervened. Now, the best outcome — convincing the NCAA to relax its upcoming sanctions against UND — very likely will demand the governor and lawmakers’ leadership and active involvement.

They’re the elected officials with the status and clout that offer the best chance of persuading the association. They’re the leaders with the stature to ask North Dakota’s congressional delegation to join the effort, thereby presenting a united front of impressive strength to the NCAA.

Lawmaker group wants attorney general's opinion on Fighting Sioux bill

But of course!!! I have a feeling that this is why the North Dakota State Board of Higher Education also voted 7-1 to direct the University of North Dakota to cease transitioning away from the Sioux nickname and logo. I bet that they knew that these lawmakers would be coming forward with this challenge. Stay tuned this summer could prove to be interesting.

BISMARCK — A group of lawmakers want Attorney General Wayne Stenehjem to decide whether it's legal for the Legislature to order the University of North Dakota to keep its Fighting Sioux nickname and American Indian head logo.

The 10 lawmakers sent a letter to Stenehjem today asking for his opinion on the issue.

It was written by Grand Forks Democratic Rep. Lonny Winrich and signed by eight other Democratic lawmakers and Fargo Republican state Rep. Kathy Hawken.

The letter asks whether the bill that orders UND to keep its nickname and logo is unconstitutional, because it interferes with the Board of Higher Education's administrative power.

It also asks whether the Legislature can overturn an agreement between the NCAA and UND that resulted in the decision to drop the nickname and logo.

Is it gloom and doom for UND?

The Grand Forks Herald has an interesting series of articles on the Fighting Sioux nickname in this mornings Sunday paper, the articles focus on the impending August 15th deadline for the University of North Dakota to retire the Fighting Sioux nickname and the possible outcomes for UND not being compliant. I am going to forewarn you, there going to be a lot of articles like this from the Grand Forks Herald and other newspapers and television channels from around the area covering this story.

The first fallout?
Since UND is not eligible for NCAA postseason play in all sports but hockey for the upcoming year, the 2011-12 season is relatively manageable for the department. But there will be challenges, starting with women’s hockey.

“If women’s hockey is a top-four seed for the first-round (NCAA) playoff games next season, and they were knocking on the door this past season, they potentially would be the first team to be impacted by the inability to host a game on home ice,” Faison said.

There are other challenges as well, not directly related to the NCAA sanctions.

Recruiting in all sports could be affected as schools may use the NCAA sanctions against UND to their advantage.

Scheduling is another issue. One of the perks of the move to Division I in 2007 was the thought of scheduling Minnesota in more than just hockey.

“Minnesota did pull back on a cross country meet in the fall,” Faison said. “And we’ve been discussing future football scheduling (with Minnesota). But they’ve pulled back that discussion for now. They’re in a holding pattern. They don’t want to commit to anything until everything is sorted out here.”

And it doesn’t appear anything will be sorted out any time soon, leaving the department and its coaches to forge ahead without knowing the outcome of the controversy.

By state law, UND will be known as the Fighting Sioux. And the state Legislature won’t meet again until January of 2013. Potentially, UND could be known as the Fighting Sioux for two more seasons.

Will UND remain the Fighting Sioux forever?

“I don’t really have an answer for that,” Faison said. “I do know that it will stick around for another year.”

NCAA sticking to 2007 agreement; UND will face penalties for continuing use of Fighting Sioux nickname, logo

It will be interesting to see how this thing plays out... I think there is some time before it gets dicey. It would appear that this is a high stakes poker game; we will have to see who blinks first

In talking to the head of the Alumni Department during the Final Five and the biggest loser if UND is sanctioned by the NCAA would be the woman’s hockey team which will probably be eligible for a home series during the NCAA tourney.  If UND went back on the NCAA list the UND Woman's Hockey team would probably have to travel on the road if they made the NCAA tourney. That is something to think about because they were very close to making it the NCAA playoff this season and with the addition of a few recruits coming in this fall this team could be a title contender or at least in the mix.

Nothing has changed.

That’s the message UND President Robert Kelley received today from the NCAA, after Kelley queried the association on where things stand.

In a letter dated Friday, Kelley asked for “clarification of the NCAA’s position regarding the relationship between the University of North Dakota and the NCAA (with specific reference to the 2007 settlement agreement).”

Kelley also asked “whether the NCAA is willing to revisit, in any aspect, the terms of the agreement,” given that the university “will be bound by state law” after Aug. 1 when a new state law requiring retention of the name and logo takes effect.

In a response dated and received today, Bernard Franklin, NCAA vice president of membership and student-athlete affairs, said the association’s position remains firm.

“The NCAA’s position regarding its relationship with the State of North Dakota on this issue is set forth in the parties’ binding settlement agreement signed Oct. 26, 2007,” Franklin wrote.

“In that document, it was agreed that the policy will apply to North Dakota unless North Dakota either (1) secures namesake approval by Nov. 30, 2010, or (2) transitions away from the Fighting Sioux nickname and logo before Aug. 15, 2011.”

The state “did not obtain necessary support from the identified Sioux tribes,” he noted, and Kelley’s letter on Friday “makes clear that North Dakota will not transition from the current nickname and logo.”

Consequently, “North Dakota will be subject to the provisions of the policy,” Franklin wrote.

Those provisions include sanctions barring UND teams from hosting post-season tournaments or wearing proscribed attire during such tournaments.

The new North Dakota law “cannot change the NCAA policy nor alter the contracted terms of the agreement,” Franklin wrote.[Click to view]

Every since Dr. Robert O. Kelley was hired on as the president of the University of North Dakota I have been less than impressed with his leadership, I have yet to see him show any leadership qualities that I find redeeming. What the heck did the hiring athority like in this guy that made them decide that he was their guy?

I would not be an understatement to say that I am uninspired by Dr. Kelley’s leadership, to date he has done nothing but act as if he was above the fray, as if to say, I didn’t create this mess, please help me. In reading this article as well as the one from last Friday, it looks like Kelley is seeking a life line from the NCAA… Be a leader... Or get the heck out of the way. You work for the people of North Dakota but also the University of North Dakota, that means you're public servant and you answer to the people of North Dakota first.

Tribal resolution on UND nickname also takes aim at REA

S/T and props to Sioux7NationalTitles for bringing this to my attention. I have to admit that I haven't been reading the Herald much this summer because there really isn't much news worthy in that paper except the sports.

A resolution passed by the Standing Rock Tribal Council took aim at Ralph Engelstad Arena and other off-reservation groups that have been “disruptive and divisive” influences on discussions about UND’s Fighting Sioux nickname and logo.

Jesse Taken Alive, the council member who made a motion for Thursday’s resolution, told the Herald on Friday that statement was included in the resolution because it puts everyone “on notice” that the nickname issue has been settled at Standing Rock.

But REA General Manager Jody Hodgson said the statement shows tribal officials are “frustrated by people who try and tell the truth” about the nickname issue.

Taken Alive made a motion Thursday for a vote on the resolution, which says that it shall be the final decision of the tribe that the nickname and logo are retired and no further discussion is necessary on the matter. That resolution was passed by the council 10-4.

It’s a decision that could remove the final obstacle to the retirement of the Fighting Sioux name.

‘False information’

Thursday’s 1½-page resolution included, among other things, a statement that the tribe “recognizes that off-reservation influences, including the Ralph Engelstad Arena, have proven to be disruptive and divisive to our people, are not necessary and will not be tolerated within our homelands.”

Taken Alive said it was included because tribal officials learned about a year ago that a nontribal member paid by REA was holding invitation-only meetings on the reservation.

“If it involves the majority of our people, which this does, we didn’t think that was appropriate to have those kinds of meetings,” he said.

The resolution’s language, Hodgson said, shows the tribal council is “frustrated by people who try and tell the truth.” He said anti-nickname people have spread “false information” about the issues — including the idea that UND is an “unsafe” and “terrible” place for American Indians because of its “racist environment.”

“They’ve scared the citizenry who haven’t had an opportunity to visit Grand Forks or visit the University of North Dakota,” Hodgson said. “That’s the campaign they’ve created. That’s the perception they’ve created.”

When asked about American Indian students at UND who have said the nickname has caused issues for them on campus, he said there are people “on both sides” of the issue.

“Those are their experiences and their perceptions,” Hodgson added.

The REA remains “strongly supportive” of the nickname and logo and “committed” to seeing the process through, he said. [Grand Forks Herald]

Standing Rock council votes to keep UND nickname retired

This is not good and I am a fraid that we might finally start kicking dirt on the Fighting Sioux logo. If the Standing Rock Tribe doesn't allow it's members to have a reservation wide vote on the use of the Fighting Sioux nickname, I believe that the nickname and logo will die. I don't know what else they could be done?

The Standing Rock Tribal Council voted Thursday that discussion of UND's Fighting Sioux nickname is over and it should remain retired.

Archie Fool Bear, a nickname supporter who was at the meeting, told the Herald on Thursday night that the meeting was supposed to address the petition by supporters calling for a reservation-wide vote on the nickname. Another petition brought by nickname opponents also was to be discussed, Fool Bear said.

But before that could happen, council member Jay Taken Alive made a motion that it shall be the final decision of the tribe that the nickname and logo are retired and further discussion was not necessary, Fool Bear said.

The motion was seconded and the council approved it with a 10-4 vote, Fool Bear said.

While he wouldn't say what the next step is for nickname supporters, Fool Bear said they will pursue several options. "We are not taking this lying down," he said. "We do plan to see that our people's rights here on Standing Rock are recognized."

Earlier this year, the State Board of Higher Education voted to direct UND President Robert Kelley to start a process to retire the longtime UND nickname and logo.

 [Grand Forks Herald]

UND Merchandising Timeline

Here is something that was sent to me by Sioux7. It's the time line for retiring the use of the Fighting Sioux nickname and logo.

The University of North Dakota, working in conjunction with Licensing Resource Group, has developed a timeline for retiring the use of the Fighting Sioux nickname and logo on merchandise.

The North Dakota State Board of Higher Education has instructed UND to retire the Fighting Sioux nickname and logo by August 15, 2011 with the understanding that the University must continue to protect its trademarks.

With that in mind, the University, with the assistance of LRG, is providing its licensees with a timeline to inform manufacturers and retailers of clear guidelines with respect to the Fighting Sioux nickname and logo.

For further information or clarification of the timeline, contact Joe Sheeley at LRG at 319-351-1776 or Peter Johnson at UND at 701-777-4317 or 701-740-5398.

May 2010: - Announcement made to all UND licensed manufacturers and identified retailers. Announcement includes press release, bulleted summary of decision and next steps, and a detailed timeline of events and instructions on use/production.

July 1, 2010: - The Fighting Sioux logo and nickname will be removed from the Trademarx artwork website.

Licensees who currently hold a “Sioux Head” license in addition to their standard UND license will be renewed for one year. There will be no new “Sioux Head” licenses issued after July 1, 2010.

October 1, 2010: - No new designs bearing the Fighting Sioux logo and nickname will be approved from this date forward.*

May 1, 2011: - A reminder to licensees from LRG reminding them that all Fighting Sioux merchandise must be sold off retail floors by June 30, 2011.

June 30, 2011: - Last day to sell merchandise bearing the Fighting Sioux logo and nickname at retail.

Announcement to licensees and retailers stating that they are required to discontinue any use of the Fighting Sioux logo and nickname (unless authorized by the University). Continued use without explicit written permission from the University will be grounds for termination of their UND license. All “Sioux Head” licenses expire on June 30, 2011, and will not be renewed.

July 1-15, 2011: - LRG will visit retailers to ensure no Fighting Sioux merchandise is being sold at retail.

July 1, 2011 and beyond: - LRG will continue to monitor the marketplace to ensure no Fighting Sioux merchandise is being sold at retail.

Use of the Fighting Sioux logo or nickname after June 30, 2011

In order to capitalize on special events, milestones, and historic opportunities, the University does intend to protect the Fighting Sioux logo and nickname, and will authorize its ongoing use as deemed appropriate by the situation and University officials. The University will reserve the right to limit the use to select licensees, retailers, and suppliers.

*If UND hockey or any other winter/spring sport wins a national championship during the 2010-11 sports season, the University has a policy allowing “new” national championship designs to be considered until June 30, 2011. The last date of sale of national championship/commemorative merchandise could be extended beyond the June 30, 2011 deadline as determined by the University. [Link to the time line]

The view(s) from Standing Rock

I have to admit that I am not a fan of the Grand Forks Herald newspaper, except for their sports coverage. It's not much of a mystery that the Herald is firmly in the camp of lets the change the name. At least in this article they attempt to be even handed and at least fair.

“I will be a Sioux to the end,” Fool Bear said.

And he remains a defender of the UND Fighting Sioux despite arguments by opponents — backed by the NAACP and American Psychological Association — that the name contributes to an atmosphere of bigotry harmful especially to young Indians.

“There’s a certain faction that doesn’t like the nickname,” Fool Bear said. “They have their points.” He remains skeptical, though, of Indian students’ stories about incidents of abuse.

“The name didn’t create that atmosphere,” he said. “You have negative people everywhere. If something happened to them, let’s fix it. Let’s deal with it, like how they got rid of ‘Sammy Sioux’ and the ‘Siouxperburger.’ They got sensitized about things like that. But now (the nickname opponents) are coming here and telling everybody it’s so bad up there” at UND. “They’re going around here and telling people, ‘Don’t send your kids there.’

“I’ve been there. I’ve never experienced anything like that.”

Indian students from Standing Rock and other tribes have described feeling intimidated at Fighting Sioux sporting events, including the 2001 dedication of Ralph Engelstad Arena.

“I wanted to get out of there,” Emmy Scott, 24, a Winnebago and Arikara Indian and UND student who attended as a teenager with her mother, said in a recent interview. “I thought of my family, and I cried. In a lot of ways, our lives are dominated by this.”

Fool Bear said he attended the dedication ceremony, too, and he also speaks emotionally about it — about watching a Standing Rock dancer perform and seeing his nation and its warrior tradition portrayed heroically in a video before the game.

“The video talked about pride and courage and tenacity and winning battles,” he said. “And the reaction from all those people — man, that felt good.” [Read the whole story here]