GRAND FORKS, N.D.- North Dakota's Board of Higher Education today voted unanimously to accept a settlement with the NCAA that allows the University of North Dakota three years to retire its Fighting Sioux nickname and logo.
After three years, the university must abandon the name and logo unless it can strike a deal with the area's Sioux tribes to keep it, according to terms of the settlement, recommended to the board by North Dakota Attorney General Wayne Stenehjem.
Board members voted this morning in favor of the settlement after emerging from behind closed doors, where they met for more than an hour before taking the public vote.
Also as part of the settlement, some Sioux logos would have to be removed from the Ralph Engelstad Arena, though the more permanent logos, such as those in granite, would stay.
The agreement includes an acknowledgement by the NCAA that UND was not hostile or abusive toward American Indians in its use of the Fighting Sioux nickname.
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Board members include John Q. Paulsen, Richie Smith, Sue Andrews, John Backes, Duaine Espegard, Pam Kostelecky, Nathan Martindale and Grant Shaf.
UND President Charles Kupchella was not present for the settlement discussion today because he's in Pennsylvania on vacation.
UND and the NCAA have been at odds over this issue since August 2005 when the NCAA listed the school among 18 in the nation with mascots or nicknames con-sidered "hostile" or "abusive."
That decision meant those universities couldn't host NCAA playoffs or use the nickname in postseason play.
UND sued the NCAA over the mandate.
Northeast Central Judicial District Judge Lawrence Jahnke, who has presided over the case, has encouraged the parties to work toward an agreement so the case would not go to trial, scheduled for December. In April, Jahnke told the parties legal fees were "rapidly spiraling out of control."
Combined legal fees and expenses in the case have reached $2 million, making it one of the most expensive court cases in state history, Jahnke wrote in a court ruling this week.
Private donations through the UND Alumni Association and Foundation are funding North Dakota's legal costs in the case. The state's most recent billings put the cost at just under $900,000.
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In September, Jahnke sealed future court filings in the case to facilitate settlement talks between the parties.
Check back with inforum.com for updates on this story throughout the day.
For complete coverage of the day's events and reaction, read tomorrow's Forum.
Proposed agreement highlights
- Fighting Sioux nickname will be retired in three years unless the University of North Dakota gets support from the area's Sioux tribes.
- NCAA would allow UND to use the Fighting Sioux nickname in postseason play for the next three years.
- Some of the Sioux logos would have to be removed from the Ralph Engelstad Arena, but the more permanent logos, such as those in granite, would stay.
Sioux nickname timeline
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Timeline of events in the state's lawsuit against the NCAA over the Fighting Sioux nickname:
- Aug. 5, 2005: The NCAA lists UND among 18 schools in the nation with mascots or nicknames considered "hostile or abusive." The decision means universities can't host NCAA playoffs or use the nickname in postseason play.
- Aug. 30, 2005: UND files first formal appeal of NCAA's decision.
- Sept. 28, 2005: NCAA denies UND's appeal.
- Nov. 17, 2005: State Board of Higher Education unanimously supports UND's appeals to the NCAA to keep the Sioux nickname and logo.
- April 28, 2006: UND loses second and final appeal to NCAA.
- June 15, 2006: Board of Higher Education unanimously authorizes UND to proceed with a lawsuit.
- Oct. 5, 2006: Lawsuit against the NCAA filed in Grand Forks District Court.
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- Nov. 9, 2006: The first court hearing is held in Grand Forks. Nearly 50 students, faculty and others who oppose the nickname gather outside the courthouse in support of the NCAA.
- Nov. 11, 2006: Judge Lawrence Jahnke grants a UND request to continue using the Fighting Sioux nickname while the lawsuit is pending.
- Dec. 16, 2006: Jahnke postpones the trial date from April 2007 to Dec. 10, 2007, and urges parties to settle.
- March 22, 2007: UND makes it public that the Engelstad Family Foundation has pledged support for the lawsuit costs.
- Thursday: Board announces meeting in Grand Forks to discuss a possible lawsuit settlement.
- Today: Board will meet in executive session and act on a recommendation from Attorney General Wayne Stenehjem.
- Compiled by Amy Dalrymple
Readers can reach Forum reporter Amy Dalrymple at (701) 241-5590
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The Forum of Fargo-Moorhead and the Duluth News Tribune are Forum Communications Co. newspapers.
