INDIANAPOLIS---The National Collegiate Athletic Association and the State of North Dakota have settled the lawsuit brought against the Association by the state and the University of North Dakota regarding the NCAA’s 2005 policy prohibiting Native American mascots and imagery at its championships.

Under terms of the agreement, the University of North Dakota will have three years to obtain namesake tribe approval for its nickname and related imagery from both the Spirit Lake Tribe and the Standing Rock Sioux Tribe, the two Sioux tribes with significant presence in the state. If namesake tribe approval is not secured from both tribes within the time period, the University of North Dakota will transition to a new nickname and logo which do not violate the policy. If the school elects to keep the current nickname and associated imagery, UND will be subject to restrictions under the policy. If namesake tribe approval is secured from both tribes, UND will be granted a waiver from the policy to keep the current nickname and imagery. In the event namesake tribe approval is later withdrawn from either tribe, the waiver will also be withdrawn. During the period granted for UND to seek namesake tribe approval, which expires on November 30, 2010, the school will not be subject to policy restrictions.

By settling this case, the NCAA is not reversing its policy or its commitment to eliminate Native American nicknames and imagery from championship events. The settlement is consistent with the NCAA’s firm belief that Native American nicknames and imagery have no place in intercollegiate athletics.

“This settlement treats UND like all other schools,” said Bernard Franklin, NCAA Senior Vice-President for Governance, Membership, Education and Research Services. “If UND cannot secure namesake tribe approval it will either transition to a new nickname and logo or it will be subject to the policy.”

“One fundamental purpose of the policy was and is to listen to the Native American community and the NCAA sought input from them during the settlement negotiations,” said Franklin. “The settlement confirms that the Sioux people – and no one else – should decide whether and how their name should be used,” he added.

The settlement contains no monetary provisions.

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