Unfair, Irrational, Arbitrary and Capricious

Henry e-mails to point out this no-holds barred letter from Charles E Kupchella, Ph.D., the President of the University of North Dakota, to the NCAA regarding the Sioux nickname and logo. He isn't backing down one iota and nails the NCAA with several well-aimed shots.

We are concerned that even if we were to cave in and change our name, you might subsequently hold us hostage until the great State of North Dakota changes all of its state highway signs which now depict a silhouette of an Indian. You might, some say, insist that the Indian logos on the doors of all of our (marked) Highway Patrol cars be removed.

How far does the NCAA think its jurisdiction goes? Does it extend into history? Do you really expect us to airbrush all of the references to Sioux off the jerseys of our many national championship teams--on the many photographs and championship banners lining the walls of our sports venues?

And get this: even if we were to stop using the nickname we have used with pride for nearly eighty years, and decided to forgo any nickname--since they may all be at some future risk--and simply be known as the University of North Dakota and used the University's seal or even the State Seal, we would still apparently be in violation of your policy. "Dakota" is what some of the Sioux actually call themselves. Our University Seal and the State Seal have images of American Indians on them.

And:

Perhaps the most amazing thing is that through all of this--except for stirring things up--you have accomplished nothing. Your stand against Indian nicknames and logos--a stand that seem to start out against all references to races and national origin--fizzled before it started when you left out Irish, Celtics, Vandals, and a host of other names. Then, for highly convoluted, hypocritical, and in some instances mysterious reasons, you exempted the Aztecs and other American Indian nicknames at the outset and, following that, you exempted the use of Chippewa, the Utes, the Choctaws, the Catawbas, and the Seminoles, leaving the NCAA position on even American Indian nicknames about as solid as room-temperature Jell-O. All of this was, and remains, highly arbitrary and capricious.

Kupchella's letter is long, but well worth a read. He's threatening to take the NCAA to court over this matter and, although in general I don't applaud litigation over such seemingly trivial issues, in this case it seems very much in order. Go Sioux.