The University of North Dakota (“UND”) has been through a gauntlet of legal maneuvers since the NCAA announced it would penalize institutions using hostile and abusive racial/ethnic mascots, nicknames, and imagery.  First, UND sued the NCAA claiming the legislation was violative of state law.  Ultimately, the case was resolved giving UND the opportunity to seek approval from the Sioux tribes to use the name and mascot.  UND was unable to get such approval.  Then, the North Dakota legislature enacted legislation that would not allow UND to change the name or mascot.  Subsequently, six Native Americans filed suit in federal court seeking to eliminate UND’s Fighting Sioux nickname by stating the state statute prohibiting any change to UND’s name or mascot violates the constitution of North Dakota and the above-referenced settlement between UND and the NCAA.  All of the arguing, consternation, and discussion can be put to sleep.  The North Dakota Board of Higher Education announced on August 15, 2011 that the Fighting Sioux name will be changed by the end of the year.  It is anticipated that the legislation referenced above will be repealed.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.