Developing - NDSC rules against NDBoHE

University of North Dakota Fighting Sioux athletic logo (Photo credit: Wikipedia)

This just in the North Dakota Supreme Court has ruled against the North Dakota Board of Higher. The North Dakota Supreme Court ruled against the North Dakota Board of Higher Education.

ND Courts ---- The Justices signing this majority opinion would exercise this Court's discretionary original jurisdiction and decide now the constitutionality of the legislative enactment requiring the University of North Dakota ("UND") to use the "Fighting Sioux" nickname and logo. We conclude the question of the constitutional authority of the Board of Higher Education, in contrast to the constitutional authority of the legislature, is properly before this Court and is ready to be decided. Those Justices writing separately, however, conclude the issue is not properly before this Court at this time, is not ready to be decided and they will not decide the issue at this time. The necessary number of Justices required to decide the merits is lacking and for this reason we must deny the application of the State Board of Higher Education.

This ruling by the North Dakota Supreme Court puts UND in a precarious situation with the Big Sky Conference. Of course this is a little breathing room after Montana put themselves in the cross hairs with their on campus scandal where they fired the Athletic Director and the head football coach.

Edit: Justice Carol Ronning Kapsner  ruled that there is no matter of urgency at this time, if there was the State Board of Higher Education would have filed in court last year after the Fighting Sioux nickname law was passed in March of 2011.

[¶37] It is clear that the constitutionality of N.D.C.C. § 15-10-46, the statute asserted to be a problem, is not a matter of urgency. If it were so, the Board would have challenged its constitutionality, as it could have done, immediately upon its signature by the Governor on March 15, 2011, one year ago, or any time thereafter. The fact that it did not do so until now indicates this is not a matter of urgency.

Related articles

• Fighting Sioux nickname supporters tell ND Supreme Court that 1969 ceremony precludes 'civil interference' (ndgoon.blogspot.com)
• The Legislature's response to the SBoHE (ndgoon.blogspot.com)
• So is the Fighting Sioux nickname on the way back (ndgoon.blogspot.com)
• They aren't listening - Fighting Sioux nickname (ndgoon.blogspot.com)

Petitions to retain Fighting Sioux nickname for UND begin circulating

Image via WikipediaIs the North Dakota State board of Higher Education on a collision course with the Fighting Sioux nickname supporters? The big question pending is; if the nickname law goes back into effect, what would the ND Board of Higher Education do?

Board could act

If the repeal bill is suspended and the earlier nickname law goes back into effect, “the question then is, ‘What would the State Board of Higher Education do?’ ” Stenehjem said.

Several people argued during the legislative debates that the nickname mandate authored by House Majority Leader Al Carlson, R-Fargo, violated the state Constitution, which grants governing authority over the state’s colleges to the board.

If the requirement that UND keep the nickname goes into effect again, “the board will have to decide what if anything it wants to do,” Stenehjem said.

UND is in the midst of retiring the nickname and logo with a transition that is to be substantially completed by Dec. 31, by state board directive. Board members and UND officials have expressed concern that a continuing fight over the nickname could jeopardize the university’s transition to Division I athletics and its planned affiliation next year with the Big Sky Conference.

Grant Shaft, president of the state board, said on Tuesday that the board has not discussed what it might do in the event referral petitions are filed and the keep-the-nickname law is temporarily reinstated. [Chuck Haga, Grand Forks Herald]

Spirit Lake Tribe To Make “Major Announcement” on Fighting Sioux nickname

Sounds like something big coming down the pike from the Spirit Lake Sioux Tribe, I am guessing that the NCAA, UND and or the Big Sky is going to be party to a law suit. SayAnythingBlog.com and Plains Daily also has picked up on the story as well. I have no idea where this is going.

Chuck Haga; Grand Forks Herald ---- Fighting Sioux nickname champions at Spirit Lake say they will make “a major announcement” Tuesday in their campaign to thwart retirement of the name and logo.

Members of the Committee for Understanding and Respect, acting with the blessing of the Spirit Lake Tribal Council, have scheduled a news conference at 10 a.m. Tuesday at Spirit Lake Tribal Headquarters in Fort Totten, N.D.

Frank Black Cloud, the designated spokesman for the committee, said today that members of the committee, their attorneys and perhaps a Tribal Council representative would make statements, but he could not comment on the nature of the announcement. A news release issued today by the group provided no other details.

Eunice Davidson, a leader of the effort to preserve the Fighting Sioux name at UND, also declined to comment.

In a statement released Oct. 13, the committee denounced remarks by UND President Robert Kelley and Grant Shaft, president of the State Board of Higher Education, both of whom have urged repeal of a state law ordering UND to retain the nickname.

Spirit Lake nickname foes 'embarrassed' by 'threats'

Color me surprised!!! You just knew it was just a matter of time before this story came to the forefront of the Fighting Sioux nickname issue. I am not sure if I am the only one that sees this, but it always seems to be the same people that are being consulted on the anti-Fighting Sioux nickname issue. At times I have also wondered why the anti-Fighting Sioux nickname crowd seems to get the lion’s share of the press when it comes to people that are against the Fighting Sioux nickname?

Chuck Haga; Grand Forks Herald --- Several Fighting Sioux nickname opponents at the Spirit Lake Sioux Tribe have written an open letter to Grant Shaft, president of the state Board of Higher Education, saying they are “embarrassed by the threats our fellow tribal members are making on behalf of the Spirit Lake Nation” over efforts to retire the name and logo.

Late last week, the pro-nickname Committee for Understanding and Respect warned the state board, UND and others looking to drop the symbols that they should expect consequences “far more severe than any sanctions UND claims will exist by keeping the name.”

The committee’s efforts to preserve the Fighting Sioux name and logo at UND have been endorsed by the tribal council, which adopted a resolution authorizing the group to speak for the tribe. That followed a 2009 referendum in which a substantial majority of tribal members approved UND’s continued use of the name.

But Erich Longie, a longtime advocate for UND dropping the nickname and logo, and 10 others told Shaft that they speak for the minority of more than 300 tribal members who voted “no” in that referendum.

Carlson: Pre-special session resumption of Sioux nickname transition 'slap in face' of N.D. Legislature

Image via WikipediaThis is the news of the day on the Fighting Sioux logo retirement. I woke up this morning to find this news story in the Daily Plains, apparently Fargo Republican/ Representative and Former NDSU Graduate Al Carlson has told UND to stand down on the Fighting Sioux logo retirement and not retire the Fighting Sioux logo until the law has been repealed.

Chuck Haga; Grand Forks Herald --- Rep. Al Carlson, R-Fargo, has written to UND President Robert Kelley and the president of the State Board of Higher Education, objecting to the board’s action Aug. 15 directing Kelley to have the anticipated transition from the Fighting Sioux nickname “substantially complete” by the end of the year.

Carlson, the House majority leader and author of a law that says UND’s athletic teams shall be known as the Fighting Sioux, called the board’s action “a slap in the face” of the Legislature.

“When we pass a law, you’re supposed to abide by the law until it’s changed,” he said Monday.

Here is a copy of the Al Carlson letter in question. You can also click on this link to read the letter as well.

Related articles

• Couple of Fighting Sioux nickname issues... (mvn.com)
• NCAA "Willing to Reconsider" Settlement Demands for Refitting Ralph Engelstad Fighting Sioux Arena. (mvn.com)
• Fighting Sioux logo links... (mvn.com)
• Representative Al Carlson will not sponsor reversal of nickname decision (mvn.com)

Couple of Fighting Sioux nickname issues...

The Grand Forks Herald made mention of this L.A. Times article in today's paper and it's worth a look... My personal opinion of the article was that the L.A. Times oped comes off as being condescending, elitist and down right rude.

L.A. Times ---- Unlike 19th century U.S. officials, the North Dakota Board of Higher Education knows how to honor an agreement. It decided to retire the Fighting Sioux mascot. But then the North Dakota Legislature upset that amicable resolution by passing a law mandating that the university keep the old mascot. As a result, the university's athletics program faces various NCAA sanctions and might be excluded from the Big Sky Conference, which it had planned to join.

This is a 21st century conflict, so of course there also are lawsuits. Some members of the Spirit Lake tribe sued to keep the mascot, but their case was thrown out of court. A group of Native American students at the university sued to get rid of the name and accompanying logo of a young Sioux man. Written into the new state law is a provision that calls for suing the NCAA if it imposes any penalties.

Many of the legislators are alumni who understandably cling to this symbol of their college years, but reason should come before sentiment, and the law should be repealed. Lawmakers should have gotten more out of their college experience than the "fighting" part.

ND State Representative Mike Schatz (R-New England) was on with Rob Port on KNOX on Friday 8-26-11 and Rob and Mike Schatz spoke on the Fighting Sioux issue... [Click to listen]

Related articles

• Fighting Sioux logo links... (mvn.com)
• Former Sioux football players Jim Kleinsasser weighs in... (mvn.com)
• NCAA "Willing to Reconsider" Settlement Demands for Refitting Ralph Engelstad Fighting Sioux Arena. (mvn.com)

UND working out details on timeline for transition to new logo

Image via WikipediaIn case you haven't seen this article it's worth a look, apparently the NCAA is more worried about UND transitioning away from the nickname and logo and retiring it than if our teams wear it this year... I find that interesting.

Dave Kolpack, Associated Press---  The higher education board has directed Kelley to "substantially complete" the process of retiring the nickname by the end of December. That doesn't necessarily mean that the Indian head logo will be gone from all uniforms by then, Shaft said.

"For instance, we know that through the ordering process, we probably won't have different hockey uniforms until well after Christmas break," he said. "The NCAA has indicated that those aren't the types of things they're worried about. They just wanted a solid commitment that the logo was being retired."

Some sports have already moved away from the Indian head illustration. The football team is using an interlocking "ND" that has been a secondary logo for several years.

Related articles

• The NCAA a bunch of hypocrites? (mvn.com)
• UND to resume planning process for retirement of nickname and logo (mvn.com)
• It's official...NDBoHE again votes to drop UND's Sioux nickname, logo (mvn.com)
• More from the meeting... (mvn.com)
• Fighting Sioux nickname meeting with NCAA rescheduled for Aug. 12 (mvn.com)
• NCAA won't budge (mvn.com)

Al Carlson on the law suit...

Image via Wikipedia
This article by ESPN is worth a read if you haven't seen it. As mentioned earlier, no one has a clue on who is paying for this law suit, it's hardly unlikely the students mention are paying for this lawsuit. It would be nice to have some transparency and know who is footing the bill on this lawsuit. I am sure that information will come out in the near future.

ESPN.COM --- Some state leaders and UND President Robert Kelley are scheduled to meet with NCAA executives Friday in Indianapolis. Republican House Majority Leader Al Carlson, of Fargo, questioned the timing of the lawsuit and said it represents a handful of people with out-of-state interests.

"You've got a New York attorney. It was nice of them to keep it local," Carlson said. "We understand why it was done. It's a small group. My job is to represent the majority of North Dakotans.

"I think there has been a lot of discussion already and tomorrow we are going to make the case why we think the Fighting Sioux nickname should be retained," he said of Friday's meeting.

Fredericks said the timing of the lawsuit is related to the fact that the settlement agreement dictated that the nickname be officially retired Monday, and not because of the meeting with NCAA officials.

"The meeting that is happening on Friday is because of the Monday deadline," she said.

The truth shall set you free…

Image via Wikipedia
This little nugget was found on Dustin Monke's blog, the Sports Editor of The Dickinson Press, I asked the question earlier today; “who is paying for this lawsuit?” There is a bigger entity out there than eight former students driving this lawsuit. That is the question people should be asking is, who is driving this lawsuit, and why now?

I highly doubt that these eight students in question have the money to retain a high priced lawyer of Sanford Dumain's stature, and now we find out that they also have a P.R. firm as well, someone else is footing the bill.

Six UND Indian students file federal lawsuit over Fighting Sioux nickname

Image via WikipediaIn reading the newspaper articles I have gleaned that six students from the University of North Dakota of Native American decent that aren't Sioux (Nakota, Lakota, Dakota), have filed a law suit in Federal Court against Gov. Jack Dalrymple, Attorney General Wayne Stenehjem, the state of North Dakota, the North Dakota state Board of Higher Education and the University of North Dakota.

The Students' attorney in question is Sanford Dumain of the New York law firm Milberg LLP. Like Rob Port the first question that I asked myself is; who is paying for this lawsuit? That's the bigger question that people should be asking. I highly doubt that these six students have the money to retain a lawyer of Sanford Dumain's stature, someone is footing the bill.

According the the Bismarck Tribune the Students are claiming that the new law to retain the Fighting Sioux nickname violates their 14th Amendment. Which will probably be hard to prove and it will be interesting to see if the group even has standing to sue. What are they going to claim that they are being deprived of life, liberty and or property?

The complaint alleges the legislation violates the state Constitution, because the Board of Higher Education is supposed to make such decisions rather than the Legislature, and violates a court-ordered settlement directing the name be changed which was reached by the NCAA, the state and the Board of Higher Education. The students also allege the new law violates their 14th Amendment rights in that the name and logo are harmful and disparaging to Native Americans.

Links to the paper work filed (Civil Cover Sheet) and (Complaint and Jury Trial Demand)

Related articles

• Fighting Sioux nickname meeting with NCAA rescheduled for Aug. 12 (mvn.com)
• UPDATE: Shaft: NCAA meeting about Fighting Sioux nickname postponed (mvn.com)
• Fighting Sioux Controversy Continues (indiancountrytodaymedianetwork.com)
• University of North Dakota fights to keep Sioux nickname (denverpost.com)
• North Dakota continues fight to keep Sioux nickname (cbssports.com)

NCAA reaffirms: Policy on nicknames unchanged

Image via WikipediaHere is the latest on the Fighting Sioux nickname, the NCAA is unwavering and re-affirmed their opposition to the Fighting Sioux nickname.

I love the Fighting Sioux nickname and I bleed green and white but I am also fed up with political correctness run a muck, none-the-less,  I don't see any way that the University of North Dakota can keep the Fighting Sioux nickname without jeopardizing their Big Sky Conference affiliation and short of the Team North Dakota (Berg, Conrad, Hoeven) getting involved, they have shown no interest what so ever getting involved in the fight, I think the transition away from the Fighting Sioux nickname is a done deal.

Chuck Haga; Grand Forks Herald --- UND and state leaders will go ahead with plans to meet with the NCAA this summer despite the NCAA’s rather forceful restating of its position Friday concerning UND’s Fighting Sioux nickname.

The NCAA declared that it has “no intention of changing its position” and sanctions will apply if the name and logo are still in use after Aug. 15. But the association also has indicated to UND that NCAA leaders would receive a North Dakota delegation to discuss the impasse and provided two possible dates for a meeting in Indianapolis in late July.

UND President Robert Kelley, who confirmed that the NCAA had provided his office with the possible meeting dates, said he was “not surprised by the statement, as the NCAA is consistent in their position.”

“I think the issue now is to get our legislative and executive leaders to talk with the NCAA and see if there’s any final opportunity to turn the NCAA in another direction,” Kelley said.

“They’re trying to be as helpful as they can,” he said, “and they understand the difficulty” of UND’s position, caught between a legal settlement requiring that the nickname be dropped and a state law directing that it be retained.

Citing concerns expressed last week by leaders of the Big Sky Conference, which UND hopes to enter next year, the NCAA statement noted that the conference presidents’ position “is consistent with the spirit and intent of the settlement agreement the NCAA reached with the university (in 2007) to retire the nickname and logo.”

If UND follows the new state law and continues to use the Fighting Sioux nickname and Indian-head logo after Aug. 15, sanctions will be imposed, according to the statement.

Grant Shaft, the newly installed president of the State Board of Higher Education, said the language of the statement “is pretty black and white,” but he also said efforts to arrange a face-to-face meeting with the NCAA will continue.

“This really isn’t a change in what we’ve perceived the NCAA position to be all along,” Shaft said. “Shortly after the legislation (on keeping the name) was passed, their comment was they didn’t think the legislation changed their policy. They now make a more formal statement.

“I still think a meeting will take place between the NCAA officials and the North Dakota contingent because the North Dakota legislative leadership believes very strongly that a face-to-face meeting with the NCAA could change their position.

“However, this statement indicates that possibility is pretty narrow.”