The Native American mascot debate has been a prevalent issue in collegiate sports for a number of years. There has been much debate and controversy surrounding educational institutions with mascots and symbols that depict Native Americans. One such example is Chief Illiniwek, of the Univeristy of Illinois Fighting Illini. The "Chief" has been quite a controversial figure on the University of Illinois campus, with passionate advocates on both sides of the debate. Although the debate will continue to unfold, the NCAA has recently implemented a ruling which will limit the usage of such mascots and certain team names. [1] This article explores the NCAA executive committee ruling, and the review of the University of Illinois, which has just recently been completed by the NCAA.
On August 4, 2005, the NCAA executive committee decided that "the Association (NCAA) shall implement a policy, effective February 1, 2006, that institutions with "hostile or abusive" racial/ethnic/national origin mascots, nicknames or imagery will be prohibited from hosting any NCAA national championship competition." [2] That is, although institutions may still keep such mascots, nicknames or imagery, such institutiions will not be allowed to host any NCAA national championship competition. Part of the reason why this ruling is a bit limited is because "these issues are complex and institutions need to retain institutional autonomy to address them." [3] However, the NCAA also has the "duty to address actions and behaviors that are not consistent with core values and principles of the NCAA constitution." [4] These core values and principles include diversity, nondiscrimination, and inclusion. [5] Thus, the NCAA has provided this limited rule, which attempts to preserve the autonomy of institutions while still remaining true to the purpose of the NCAA constitutional mission. It should be noted that the NCAA decision also limits other aspects of mascot representation, for example, on team jerseys, cheerleader uniforms, and band uniforms, during NCAA national championship play. [6] None of these measures apply to regular season or conference competition.
But what is meant by "hostile or abusive?" The NCAA executive committee adopted the standard from case law. [7] It is based on what a "reasonable person would find "hostile or abusive" and it is a higher standard than simply "offensive." [8] Moreover, the chairman of the review committee has stated that "[e]ach review will be considered on the unique aspects and circumstances as it relates to the specific use and practice at that college or uiversity." [9] Finally, one primary factor that is considered in the review is whether any documentation exists that a namesake tribe has officially approved the use of the mascot, name, or imagery. [10] For example, Florida State University's use of the "Seminole" was approved by the NCAA committee, based on the support of the name-sake tribe. [11] In contrast, the University of North Dakota's appeal was denied, and its usage of the nickname "Sioux" or "Fighting Sioux" was not approved, based on an absence of approval from a pimary namesake tribe, and documented opposition from seven federally recognized Sioux tribes. [12]
The most recent NCAA review addressed the University of Illinois usage of the "Chief." [13] The reason why the Illinois mascot was reviewed is due to the NCAA self-study process. [14] Initially, the NCAA mandated that 33 institutions complete self-studies of the Native American connotations of their mascots, names, and imagery. [15] Of those 33, 14 institutions changed their mascots. [16] Illinois is one of the 19 institutions remaining. [17] Some of these institutions have undergone the review process and have been approved, such as Florida State. [18] Others, like Illinois, have been denied. [19]
According to the NCAA press release regarding the desicion, the committee found no new information that compelled them to remove Illinois from the list of restricted schools. [20] The committee ruled that Chief Illiniwek mascot and logo were indeed "hostile or abusive." [21] However, the committee ruled that the names "Illini" and "Fighting lllini" were closely related to the name of the state, Illinois, and not directly associated with Native Americans. [22] Thus, the University of Illinois must follow the policy guidelines set out by the NCAA in regards to the "Chief" mascot and logo, but not the name "Illini" or "Fighting Illini." The University of Illinois could appeal this decision. [23] It is unclear at this time whether or not they will do so. An appeal would probably have a chance at success if the University of Illinois could provide evidence overlooked by the committee regarding namesake approval of the "Chief." Otherwise, the institution will most likely be out of luck.
It will be interesting to see how the University of Illinois reacts. No immediate change seems to be planned. [24] Will the institution completely phase out the "Chief" mascot and logos, or will the institution simply abide by the NCAA requirements, and not utilize the mascot and logo at NCAA national championship events? The NCAA policy is very interesting in this regard, because it truly seems to have preserved insitutional autonomy. Thus, schools such as the University of Illinois must still wrangle with the burdens and benefits of the "Chief." However, the NCAA policy can significantly serve as an impetus towards complete abolition of the "Chief." The University of Illinois can utilize the ruling to point out just how unpopular the "Chief" has become, and cite the NCAA policy as a reason why it would like to abolish the mascot and logo.
Despite the NCAA policy and subsequent ruling, the "Chief" debate is far from over. It will be interesting to see how the University treats this sensitive subject in the upcoming months.
Sources
[1] National Collegiate Athletic Association Executive Committee Meeting, Aug. 4, 2005, http://www1.ncaa.org/membership/governance/assoc-wide/executive_committee/docs/2005/2005-08/2005-08-04-ec-minutes.htm [hereinafter Meeting].
[2] Id.
[3] Id.
[4] Gary T. Brown, Policy applies core principples to mascot issue, THE NCAA NEWS ONLINE, Aug. 15, 2005, http://www2.ncaa.org/media_and_events/association_news/ncaa_news_online/2005/08_15_05/front_page_news/4217n01.html, [hereinafter Brown].
[5] Id.
[6] Meeting, supra note 1.
[7] Brown, supra note 4.
[8] Id.
[9] NCAA Press Release, NCAA Executive Committee Approves Native American Mascot Review Process, August 19, 2005, http://www2.ncaa.org/media_and_events/press_room/2005/august/20050819_mascotappeal.html.
[10] Id.
[11] NCAA Executive Committee Agenda, Supplement No. 3, October 27, 2005, http://www1.ncaa.org/membership/governance/assoc-wide/executive_committee/docs/2005/2005-10/2005-10_agenda.htm [hereinafter Agenda].
[12] Id.
[13] NCAA Press Release, Statement by NCAA Senior Vice-President for Governance and Membership Bernard Franklin on University of Illinois, Champaign Review, November 11, 2005, http://www2.ncaa.org/media_and_events/press_room/2005/november/20051111_illinois_mascot_stmnt.html [hereinafter Review].
[14] Brown, supra note 4.
[15] Id.
[16] Id.
[17] Id.
[18] Agenda, supra note 11.
[19] Review, supra note 13.
[20] Id.
[21] Id.
[22] Id.
[23] Id.
[24] Courtney Linehan, Illiniwek appeal denied, DAILY ILLINI, Nov. 14, 2005, at 1, available at http://www.dailyillini.com/media/paper736/news/2005/11/14/News/Illiniwek.Appeal.Denied-1056207.shtml.
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thank you for sharing this!
Danielle
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Posted by: 1247136658 | July 09, 2009 at 05:51 AM
Also, for a very interesting law review article, which truly focuses on the "Chief Illiniwek" debate, please see 2 Depaul J. Sports L. Contemp. Probs. 28, which is titled "Resolving the Chief Illiniwek Debate: Navigating the Gray Area Between Courts of Law and the Court of Public Opinion," by Brandon S. Crowley.
Posted by: Krikor Meshefejian | November 17, 2005 at 02:48 AM
This has been a controversial issue at the University of Illinois for years. During the debate many facts have been misstated by both those in favor of retaining the Chief, logo, and nicknames, and by those wishing to retire them. The following links provide some information that may be among the most accurate.
University of Illinois official “Dialogue on Chief Illiniwek”:
http://www.uiuc.edu/dialogue/
For an interesting article on the origin of the nicknames see: http://www.dailyillini.com/media/paper736/news/2005/09/02/Features/illini.Named.For.State.Not.Natives-974803.shtml
The official website for the University of Illinois Division of Intercollegiate Athletics contains information on the tradition of Chief Illiniwek: http://fightingillini.collegesports.com/trads/ill-trads-thechief.html
Posted by: Adam Jung | November 16, 2005 at 10:19 PM