Case 9
The University of North Dakota (UND) is among 18 colleges and universities targeted for loss of postseason NCAA (National Collegiate Athletic Association) play because of its use of a Native American name (Fighting Sioux) and image (Sioux warrior) for its athletic teams. UND and other schools that already have scheduled post–season tournaments must cover or remove all Native American images from facilities and from team, cheerleader, and band uniforms. UND's hockey arena has 3000 images of the logo built into the structure: removal would cost hundreds of thousands of dollars.
The NCAA maintains that use of Native American mascots, nicknames, or imagery by athletic teams creates a hostile or abusive environment. Native Americans, however, are divided on the issue. In July 2001, the Intertribal Council of the Five Civilized Tribes, representing 400,000 Native Americans, called for the elimination of American Indian names and mascots for athletic teams. They stated that the use of these images and names is derogatory, creates a hostile learning environment, contributes to stereotyping, negatively impacts the self–image of Indian children, denigrates and misrepresents cultural identity, and desecrates ceremonial and religious symbols. Yet some tribal members take pride in the use of Native American names and images and, as a way to promote cultural awareness, create interest in learning about Native American culture, and provide positive images of strength, discipline, and perseverance for Native American children.
Two years before the NCAA demanded that UND drop its logo, the NCAA recommended that universities determine for themselves whether their use of Native American imagery was offensive. NCAA President Myles Brand observed, "We know that some Native American groups support the use of mascots and imagery and some do not." Recently, as exemplified by the UND decision, the NCAA decided to reserve judgments of offensiveness for itself. The NCAA enforces the ban inconsistently, however. North Carolina–Pembroke may continue to use its nickname–the Braves––as it enrolls a high percentage (20%) of Native American students. Conversely, the NCAA determined that the use of the nickname "Braves" is hostile when used by Alcorn State, Bradley and Chowan College. Florida State University received permission to continue using the name "Seminoles" for its athletic teams. (The Seminole Tribe in Florida supports the use of the name, although Seminole tribes in other states do not.)
Three North Dakota Sioux tribes and the Board of Directors of the United Tribes of North Dakota oppose the "Fighting Sioux" nickname. However the Spirit Lake Tribe, the Sioux tribe closest to UND, formally approved UND's use of the name and image of a Sioux Warrior as its logo, despite requests from other tribes for the Spirit Lake tribe to withdraw approval. In a letter denying UND's appeal to use the name and logo, the NCAA referred to "the hostile or abusive environment that the nickname and logo create" at UND. UND contends that it uses the nickname, "Fighting Sioux", and the logo depicting a Sioux warrior with pride and respect. The logo was designed by Bennett Brien, a UND alum who is a respected Native American artist. UND offers or administers 25 Native American programs (including medicine, law, research, and the arts) and programs of cultural awareness. It has eight publications and seven student organizations related to Native Americans. It has a policy of zero–tolerance for racism. Twenty percent of all US Native American physicians are graduates of UND Medical School. Eight tribal college presidents are graduates of UND's Educational Leadership Program. UND President Kupchella points to UND's $12 million annual expenditures on programs to benefit Native Americans and an additional $500,000 for tuition waivers for Native American students as further proof of UND's respect for Native Americans. UND has a greater percentage of Native American students than any college in the region.
The NCAA does not itself appear to follow its own policies: its tournament sponsors include Pontiac, Coca Cola (maker of Chippewa Water) and Kraft (maker of Calumet Baking Soda).