NCAA News Archive - 2006

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Executive Committee stands firm on appeals


May 8, 2006 1:01:01 AM



The NCAA Executive Committee at its April 28 meeting ruled on four appeals of the policy it adopted in August 2005 regarding the use of Native American mascots, nicknames and imagery.

 

The four institutions — Bradley University; the University of Illinois, Champaign; Indiana University of Pennsylvania; and the University of North Dakota — appealed their inclusion on a list of schools prohibited from hosting NCAA championships because they have Native American nicknames, mascots or imagery. All four institutions had undergone a review by an NCAA staff committee, were retained on the list and were appealing the staff decision.

 

Presidents on the Executive Committee unanimously sustained the staff decision regarding Illinois, North Dakota and Indiana (Pennsylvania), agreeing that none presented sufficient evidence that the staff had misapplied the policy.

 

In denying the appeals, the Executive Committee concluded that Native American references used by each university create hostile or abusive environments inconsistent with the NCAA constitution and inconsistent with the Association’s commitment to diversity, respect and sportsmanship.

 

The decision means the three schools may not host NCAA championship competition, and their participation at other sites is contingent upon appearing without Native American references on their uniforms.

 

In November 2005, the NCAA removed championship restrictions on Illinois’ use of its nicknames “Illini” and “Fighting Illini” because the university demonstrated the nicknames were not a direct Native American reference, but a reference to the state of Illinois.

 

As for the Bradley appeal, the Executive Committee moved the institution to a “watch list” for a five-year period. Bradley (nicknamed the Braves), which had removed all imagery and discontinued use of a Native American mascot more than a decade ago, demonstrated to the Executive Committee that it had sufficiently managed the activities surrounding its athletics events so that the environment was neither hostile nor abusive to Native Americans.

 

The NCAA will work with Bradley over the next five years to assure that circumstances do not change. In the meantime, Bradley will be allowed to host NCAA championships.

 

The Executive Committee decisions align with recommendations the Division I Board of Directors and the Division II Presidents Council developed the previous day. Both presidential bodies used executive sessions during their April 27 meetings to deliberate appeals by the institutions in their respective divisions.

 

Since the Executive Committee established the policy in August 2005, four institutions (Central Michigan University, Florida State University, Mississippi College and the University of Utah) have been removed from the list because they have received approval from specific Native American “namesake” tribes for use of their names.

 

Six schools remain on the list: Alcorn State University, Arkansas State University, Illinois, Indiana (Pennsylvania), Newberry College and North Dakota, though Newberry is pending appeal.

 

Five have been removed based on announced nickname changes. They are Carthage College, Chowan College, the University of Louisiana at Monroe, Midwestern State University and Southeastern Oklahoma State University.

 

Three institutions remain on the list pending staff review: Catawba College, the College of William and Mary, and McMurry University.

 

Bradley is the lone member on the watch list.

 

Policy extended

 

In a related matter, the Executive Committee also agreed that the NCAA policy on the use of Native American mascots precludes NCAA championships from being conducted at off-campus facilities with Native American imagery and references.

 

The policy adopted in August 2005 addressed sites that were part of the campus, but the Executive Committee believes the principles behind the policy are such that it should be clarified to include non-institutional facilities.

 

“The policy always has intended to preserve the sanctity of the NCAA championship site by precluding institutions that use such imagery from hosting championship events and requiring schools to eliminate those references on uniforms and paraphernalia when participating in those events,” said Bernard Franklin, NCAA senior vice president for governance and membership.

 

International schools

 

In other action, the Executive Committee authorized a working group to consider the issue of membership eligibility for international institutions and provide recommendations by October. The issue came up in 1998 when Simon Fraser University, a Canadian institution, sought entrance into Division II. The Executive Committee during the 1999 Convention ruled as out of order a Division II proposal that would have allowed international schools to apply for membership, noting that the issue was more appropriately acted on as an Association-wide matter than by a single division.

 

Recently, a second Canadian university — the University of British Columbia — has expressed similar interest in exploring membership opportunities.

 

The working group will address the following issues associated with NCAA membership by international institutions:

 

  • Substantive change to the NCAA constitution and bylaws that require NCAA members to be located within the United States and its territories and possessions;
  • The effect of local law on NCAA student-athlete issues; and
  • The consequences of “doing business” in a foreign country.


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