You have to hand it to the University of North Dakota. They are determined to win this mascot lawsuit with the NCAA, and they aren't too worried about the public relations.

The Chronicle of Higher Ed (permalink for subscribers, temp link)

In a memorandum sent on September 24 to five top administrators at the university, Sally J. Page, the affirmative-action officer, said that academic departments and university programs that publicly stated their opposition to the nickname in a recent advertisement in a local newspaper may also have put the university at risk of a federal civil-rights lawsuit.

"Should any individual or group file a complaint that he/she was denied an opportunity to participate or fully enjoy the services provided because the individual did not agree with the program's position opposing the logo or the Sioux name, then the university easily could be in a position of trying to defend itself from a discrimination or a hostile-environment claim based on race," Ms. Page wrote in the memo, which was provided to The Chronicle by a faculty member who opposes the nickname.

"The listing of the department or program in a newspaper ad sends an inappropriate message to students and others who may wish to participate in the educational opportunity or services and who may feel uncomfortable doing so because of the public position," the memo continued.

The provocation was an ad aganst the logo signed by four academic departments and a number of other programs on the UND campus. The signers are unhappy but complying with the affirmative action office. The opponents of the nickname point out that the same memo could have been put out to any supporter of the nickname. That's true, except nobody has taken out such an ad that I can find, and it is after all the university's official position -- so the campus itself could be called an "hostile environment". John Rosenberg wonders,

Surely there are many students there, and at other institutions, who are made to feel uncomfortable and even “unwelcome” because of their support for colorblind, non-discriminatory equal treatment.

I still don't like the use of the law in this way, but Rosenberg is right to call this a "man bites dog" story.

Labels: higher education, mascots

There was an attempt in Illinois to keep Chief Illiniwek as the mascot of the University of Illinois, but a judge threw out the case yesterday. Two students and an attorney separately sued the school's trustees arguing they did not have the right to sue.

The 12-count suit by Maloney and Ponce alleged that the trustees violated a 1996 statute enacted by the General Assembly that said Chief Illiniwek "is and may remain the honored symbol" of the UI.

"Had the Legislature intended to remove from the trustees the authority to do anything with the symbol, they could have said so," Jones said, underscoring the use of the word 'may' in the act.

He also agreed with the arguments made by Jim Kearns, the Urbana attorney representing the UI, that the students' rights to free speech, expression and academic freedom had not been violated by either the UI or the NCAA in the retirement of the Chief.

Jones noted that the NCAA has not told Maloney and Ponce individually that they may not portray the Chief but it has made clear to the UI the consequences it faces if it continues to hold the Chief out as its symbol.

"The UI has the right to choose what image it chooses to project," Jones said.

The students had portrayed the mascot, and the judge argued they could still do so, just not as officially part of the UI game.

Meanwhile, the suit for the University of North Dakota mascot has cost the plaintiffs $430,000, all paid for by private donations. That case will go to trial in December.

(h/t: Chronicle of Higher Ed news blog.)

Labels: higher education, mascots

Dear Nick,

{cue the music}

It appears you are confused again.

After tonight, the University of Illinois will still be the Fighting Illini, and the University of North Dakota will still be the Fighting Sioux.

After tonight, Illinois will not have an Indian mascot; neither will UND, as it's not had one for thirty years.

Of course, such fine distinctions make no difference to you, do they?

Or to put it another way -- if UND were to change its nickname to the Fighting Dakotas, would you still love calling Ralph Englestad a Nazi memorabilia collector?

I thought so.

Sincerely,
A member of the right-wing daisy chain

P.S. At least you're more entertaining than this dreadful crep.

Labels: higher education, mascots

One of the last holdouts against NCAA aggression has raised its own white flag. Wednesday will be the last appearance of Chief Illiniwek.

The decision follows two decades of votes, studies and committee meetings aimed at easing campus division over the mascot, which some American Indians and others view as an insult and some alumni and students see as a cherished tradition.

The NCAA ended up forcing the university's hand.

Friday's decision ends NCAA sanctions that had prevented Illinois from hosting postseason sports since 2005.

Illinois still will be able to use the name Illini because it's short for Illinois and the school can use the term Fighting Illini, because it's a reference to the team's competitive spirit, school officials said.

The University of North Dakota will fight on.

North Dakota Attorney General Wayne Stenehjem says the decision by the University of Illinois to retire its American Indian mascot Chief Illiniwek will not affect the University of North Dakota's legal case against the NCAA.

UND is trying to retain postseason use of its "Fighting Sioux" nickname and logo, which the NCAA has deemed offensive.

"UND doesn't have a mascot like Illinois has," Stenehjem said. "[Illinois'] decision not to use this chief is a decision UND made a long time ago in deciding not to have any mascot. So they're putting themselves in the same position we're in now."

So if they changed their name to "Fighting (North) Dakotans"...

Labels: higher education, mascots