Monday, June 12, 2006

How Do You Spell ...S.P.A.N.K...UND KOs NCAA...PC Takes a Standing Eight Count

Major Mike

The President of the University of North Dakota, Charles E. Kupchella, Ph.D. takes on the NC2A and political correctness in one fell swoop, (HT Hugh Hewitt...who can't resist an excellent legal skirmish) in defense of their logo...The Fighting Souix. Dr. Kupchella's impassioned defense of his University's, US recognized, trademarked (interesting legal twist there), logo is determined, and spot on. PC advocates had better dive for cover, Dr. K covers the issue with a blanket, and closes the door on the NC2A's "executive committee's," logic, reasoning and methodologies. Good luck standing up to this onslaught.

Dr. K calls them on their many deficient decisions...often the same mis-steps as other PC do-godders...He counters the usual PC disconnects with:

1. Plain talk...the un-language of the PC crowd. His stiff jabs to the NCAA are a breath of fresh air to those who tire of the tip-toeing around the many PC issues at the forefront today.

"I have chosen to communicate with you in this way for several reasons. Since you have had what you say is the “final” word on the issue of our nickname and logo, we must now consider legal action. I want you, as well as University of North Dakota stakeholders and the general public, to know why we must. The NCAA leaves us no recourse but to consider litigation to make the point that the policy you have instituted is illegitimate and that it has been applied to the University of North Dakota in an unfair, arbitrary, capricious, fundamentally irrational, and harmful manner." (my emphasis).

You won't hear that language on the Sunday Morning MSM Windfarms.

2. Calling them on their illogical, nuanced exeptions...likely a result of biases within the committee, or perhaps, preferring to take on the seemingly small alumni population of UND, rather than to deal with the incensed alumnists of Florida State University...oh, by the way, usually a Top 25, or better, football program. The killer for the NCAA illogic...

"The NCAA’s organizational arrogance extends to the innovative and abusive use of the English language. You indicated that Florida State University was exempted because it has a “special relationship” with the Seminoles. At the time you said this, Florida State enrolled just four Seminole students. We have one-hundred times more Indian students here, yet FSU’s is a “special relationship” while ours, you say, is “hostile and abusive.”" (My emphasis)

Sure makes sense to me...I guess the four hundred Souix students attending UND are either masochists, and enjoy being in an abusive environment...are too stupid to recognize that they are in a hostile or abusive environment... OR the NCAA's, isllustrious executive committe, is flat out wrong!!! Which in the face of DR. K's onslaught of jabs, seems the most likely.

3. Countering the PC crowd's tendancy to over exaggerate the harm in PC cases....amazing...most of the Soiux are not insulted by the use of the logo...but the NCAA thinks that they must be protected.

"Although we thought it strange – perverse actually – to assume guilt until innocence was proven, or at least objectively indicated, we offered the facts that (1) our nearest Sioux Tribe gave us written permission (which still stands despite repeated attempts by the NCAA staff itself and other nickname opponents to ask the Tribal Council to rescind its resolution) to use the name; (2) we have over four hundred American Indian students going to school here, many of whom are just fine with the nickname and none of whom would be here if the environment were really hostile and abusive; (3) it was reported to you, directly by the Chair of the Tribal Council Judicial Committee that, at the only other Sioux Reservation based in North Dakota, a district-by-district referendum resulted in nearly unanimous support for UND’s use of the Sioux nickname; and, (4) the Office for Civil Rights of the U.S. Department of Education spent a week here investigating earlier “hostile environment” charges made by our local nickname opposition group – and made no such finding – as clear indications that our handling of the nickname is in no way hostile and abusive." (emphasis original text)

"The arrogance of this statement is appalling. It is as if to say, “American Indians may think it is OK, but the NCAA knows better,” or perhaps, “If these tribes (now at least six in number) are not astute enough to recognize that they are the objects of hostility and abuse, let them wallow in it.” Further, if a Native American tribe is a “distinct political community,” why is it that the continuing resolution by the Spirit Lake Nation that allows UND to use the Sioux name is – in the NCAA’s words – “not persuasive?”

"We explained that we have a beautiful logo designed by a respected American Indian artist and that we use the nickname with consummate respect – expecting and getting respect for the Sioux culture from our fans. We pointed out that we do not do tomahawk chops, we do not have white guys painted up like Indians, and our fans do not do Indian chants."

I think it has become obvious over time, that many PC "harms" are actually over-exaggerations by those who find themselves out of the mainstream in regards to these specific groups and these issues. It is obvious they are are seeking a voice, and a legitimacy, via poorly researched, hyper-sensitive, and countlessly spineless "executive committees" across this country.

4. And the body shot...not doing their homework.

"“Are there incidents the NCAA has recorded where it (UND) appears to be hostile and abusive?” he said, obviously ducking the question entirely:

“Today’s decision was to review whether the staff’s original decision was the right one. We tried to confine ourselves to that. We believe the use of the Fighting Sioux and the mascots [he is apparently still unaware that we do not have one] and imagery [ours was designed by an American Indian] that represents (sic) are hostile and abusive and we don’t believe the University has made a case to the contrary.” [emphasis added,(original text)]

Evidence? What evidence? Courts tend to dismiss hearsay and to demand and rely on real evidence.We invited you to come and see for yourself and you refused. We now have your letter of May 15 in which you make reference to “substantial evidence,” but nowhere in the letter is this evidence described. In lieu of evidence, you simply cite “staff review,” apparently of hearsay testimony by various local and national groups. Most of these simply assert that they are opposed to any use of nicknames anywhere by anybody at any time.

The fundamental irrationality of calling what we do hostile and abusive – on the basis of no basis at all – and then saying that a white guy in war paint, carrying a flaming spear while riding a horse into a stadium, leading fans in a tomahawk chop while singing an Indian chant is okay should be obvious to any jury. Any who try to swallow this convoluted logic will choke on it."

Dr. Kupchella's letter is an extended masterpiece, and deserves to be read in its entirety.

Note to all PC types...this is the first shot across the bow...PC is not an end in itself...justice is what matters. Illogical PC does no one any good... and as Dr K. points awful hard to defend.


dueler88 said...

i'm glad you posted on this, mike. i hope the NCAA gets a serious smackdown.

Dr. Kupchella is my new hero.

Mr.Atos said...

How sad a statement is it to note that in our culture today, integrity is so very refreshing.

Give Dr. Kupchella, the Rooster Cogburn award for true grit!