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NICKNAME LAWSUIT: NCAA asks judge to reconsider case order

By Joseph Marks
Herald Staff Writer - 09/11/2007

A motion filed Aug. 30 by the NCAA asks a Grand Forks judge to put UND's
dealings with the state's American Indian tribes and its relationship with
Ralph Engelstad Arena back on the litigation table.

UND is suing the NCAA over a 2005 policy banning the use of the Fighting
Sioux nickname and logo in postseason play and effectively barring the
school from hosting playoff games.

In an April 26 order, Grand Forks County District Court Judge Lawrence
Jahnke limited the scope of that case to the question of whether the NCAA
violated its own bylaws when it created that policy.

Jahnke ordered both sides to steer clear of the larger question of whether
UND's nickname is "hostile and abusive," as the NCAA has claimed.

In its "Motion for Partial Reconsideration," the NCAA argues UND itself may
have violated NCAA bylaws, making it ineligible to bring its case.

The motion accuses UND of misleading the NCAA during its administrative
appeals process by consistently claiming the Spirit Lake Sioux Nation
supports UND's continued use of its nickname.

A 2000 Spirit Lake Tribal Council resolution states: "as long as something
positive comes from this controversy, (the tribe is) not opposed to keeping
the 'Sioux' name and present logo at UND."

UND consistently has maintained that the resolution should be read as a
vote of support for the nickname, but tribal officials did not respond to
several NCAA requests for clarification on the tribe's position.

In an Aug. 13 interview with the Herald, Spirit Lake Tribal Chairwoman Myra
Pearson said she reads the resolution as neither supporting nor opposing
the nickname. She said she does not expect the Tribal Council to clarify
its position or to reconsider the nickname issue.

"Throughout the appeal process at issue, plaintiff consistently maintained
that it had the endorsement and support of the Spirit Lake Nation," the
NCAA motion states. "Those claims are also an integral part of the pending
litigation. . . . Based on recent developments, it is becoming increasingly
difficult to accept that plaintiff could have made these claims in good
faith, much less 'utmost good faith.'"

A Herald e-mail to the NCAA requesting clarification on which "recent
developments" the motion refers to was not returned before the end of
business hours Monday.

Attorney General Wayne Stenehjem's office is defending UND in the nickname
case. A Stenehjem spokesperson declined to comment Monday on the NCAA
motion but said the attorney general's office likely will file papers
responding to the motion today.

The NCAA motion also claims UND may have "impaired its equitable standing"
through agreements with Ralph Engelstad Arena.

"It is becoming increasingly apparent that the interests of third parties
(Ralph Engelstad, his estate, family and foundations) have so insinuated
themselves in this controversy that they cannot be ignored," the motion
states.

Casino owner and former UND goaltender Ralph Engelstad built the $104
million arena that bears his name for UND in 2001.

Engelstad, who was a strong supporter of the Fighting Sioux nickname,
threatened at one point to halt construction on the arena if the school
dropped the nickname.

The arena, managed by an independent board, houses all of UND's home hockey
games through a contractual agreement. Arena officials have said ownership
of the arena may be transferred to UND in the future.