Half of the eight member institutions that are in the process of appealing application of the policy governing use of Native American mascots, names and imagery at NCAA championships are expected to have those appeals considered during the April 28 meeting of the NCAA Executive Committee.

The Association long has maintained administrative appeals processes in areas ranging from individual student-athletes’ eligibility to findings of institutional violations of bylaws. The process established for hearing institutions’ appeals from application of the policy regarding Native American mascots, names, and imagery breaks new ground.

While the process is similar to those used in eligibility and infractions cases, this is the first time appeals can be presented to the Association’s highest governing body. It is the first time that the NCAA Executive Committee — which became a presidential body during the Association’s restructuring in 1997 — has been authorized to rule on any sort of appeal.

“To my knowledge, this is the first time institutions have been permitted to present appeal arguments and materials to the Association’s top governing body,” said Bernard Franklin, senior vice president for governance and membership, who is responsible for managing the process that includes NCAA staff review of an initial institutional request for exemption from the policy, followed by Executive Committee review of appeals stemming from staff decisions.

“However, the process is consistent with general appeals procedures that already exist in each of the three divisions,” Franklin said.

“The appeals process pertaining to use of Native American symbols is consistent with other NCAA appeals processes that incorporate opportunities for peer review and comment,” Franklin said.  “It is a process to review the facts, provide the institution with an opportunity to explain the importance of the symbols in their communities, and to equip the Executive Committee to judge fairly given that information.”

In this process, that peer review and comment are provided by divisional governing bodies — in this case, the Division I Board of Directors or the Divisions II or III Presidents Councils.

Appeals currently slated for consideration at the April Executive Committee meeting will be reviewed April 27 by the appropriate divisional groups, with the Division I Board planning to review information from Bradley University and the University of Illinois, Champaign, and the Division II Council expecting to review information submitted by Indiana University of Pennsylvania and the University of North Dakota.

Those groups will provide recommendations for consideration by the Executive Committee in deciding the appeals.

“For each member institution, whether in Division I, II or III, there exists an opportunity to present arguments and materials to a panel of (division) peers,” Franklin said. “While those groups are not making the final decision, they will have input that will be taken into consideration by the Executive Committee.”

Of the four other institutions in the appeal process, three — Catawba College, the College of William and Mary, and McMurry College — are at the staff review level. The fourth institution, Newberry College, requested exemption from the policy but that request was denied by the staff, and the institution can appeal that decision to the Executive Committee.

Application of the policy has been stayed for all eight institutions currently in the process, pending exhaustion of administrative appeal options or a decision by an institution not to pursue further appeals.

Another nine institutions have been removed from the list of impacted schools after staff review or based on announced nickname changes. They are Carthage College; Central Michigan University; Chowan College (pending an announced nickname change); Florida State University; the University of Louisiana at Monroe (pending an announced nickname change); Midwestern State University; Mississippi College; Southeastern Oklahoma State University; and the University of Utah.

Two other institutions that did not file appeals became subject to the policy February 1. They are Arkansas State University and Alcorn State University.

As a result, the institutions will not be able to host future NCAA championships competition or display Native American symbols or references on uniforms during championships participation. Also, the institutions will be prohibited from displaying such symbols or references on mascots or on uniforms worn by cheerleaders, dance teams and band members beginning August 1, 2008.