Attorney General Wayne Stenehjem has declined an Associated Press request that he issue a legal opinion on whether the April 22 meeting involving North Dakota's Board of Higher Education, state officials and the NCAA should be open to the public.
Since the meeting has not taken place, "there is no violation of the law to address," Stenehjem said and the AP reported Tuesday.
The attorney general is among state leaders who have been invited to the meeting in Bismarck, along with Gov. Jack Dalrymple and the House and Senate majority leaders, as well as members of the State Board. UND President Robert Kelley and Athletic Director Brian Faison also are expected to attend.
NCAA President Mark Emmert and Vice President Bernard Franklin will represent the athletics association.
The meeting was arranged following the Legislature's adoption of a law requiring UND to keep its Fighting Sioux nickname and Indian head logo. The NCAA since 2005 has campaigned to eliminate the use of American Indian names and imagery by member schools' athletic teams.
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UND sued the NCAA, and a 2007 settlement provided for a three-year window for the State Board to win formal approval from two namesake tribes for continued use of the name and logo. That time had expired last fall and the university was -- at the board's direction -- was transitioning away from the Fighting Sioux name when the Legislature intervened.
Grant Shaft, vice president of the State Board, said at the time the meeting was announced last week that it should be closed. The objective is not to take testimony, he said, but for the state and university officials to learn whether the NCAA's position regarding UND and the association's policy has changed.
Proponents of keeping the 80-year-old nickname argued during testimony before state House and Senate committees that the NCAA may be open to a new understanding in light of a Spirit Lake Sioux referendum favoring the nickname, adoption of the nickname law and other recent developments.
Others have countered that persisting in challenging the NCAA could damage UND athletics, including its transition to Division I and entry into the Big Sky Conference, while nickname opponents continue to argue that Indian-based names and logos are demeaning and contribute to a hostile environment.
Shaft said last week that he would leave the decision on whether the NCAA meeting could be closed to Stenehjem and the board's attorney, but "My personal view is that a meeting like that would be more productive as a closed meeting."
Reach Haga at (701) 780-1102; (800) 477-6572, ext. 102; or send e-mail to chaga@gfherald.com .
