UI students file suit to save Chief

URBANA – Two University of Illinois students who portray Chief Illiniwek took legal action today to bar the NCAA from imposing sanctions on the university – and stop the UI from eliminating the Chief.

A lawsuit filed this morning in Champaign County Circuit Court alleges the NCAA's actions violate state law and the students' constitutional rights of academic freedom, freedom of speech and freedom of expression.

The lawsuit seeks an injunction to prevent the NCAA from imposing sanctions intended to force the UI to eliminate Chief Illiniwek and their right to perform as the Chief, according to a news release from the students and their lawyer, Brent Holmes of Mattoon.

The students also applied for a temporary restraining order to stop the UI from "capitulating to the NCAA by announcing the retirement of Chief Illiniwek," the release said.

The plaintiffs are Dan Maloney of Galesburg, the current Chief Illiniwek, and Logan Ponce of St. Charles, the assistant Chief. Both students perform as part of the Marching Illini's halftime performance at football games. They also perform at men's and women's basketball games.

The lawsuit does not seek any money damages but rather a restraining order to enjoin the NCAA from "enforcing its policy and sanctions against the University as respects the 'Chief Illiniwek tradition.'"

In August 2005, the NCAA Executive Committee cited 18 universities, including the UI, for their use of American Indian imagery, which it called "hostile and abusive." The NCAA sanctions prohibit the UI from hosting any NCAA championship event.

That would bar the university from hosting NIT basketball tournament games at the Assembly Hall if the men's team does not qualify for the NCAA tournament in March. It has prevented the nationally ranked UI men's tennis team from hosting tournament rounds.

The injunction would prevent the UI Board of Trustees from taking any action to eliminate the Chief or the student plaintiffs' continued role in portraying the Chief.

The lawsuit states the NCAA's actions "are unlawful in that they impose sanctions and punishment upon UIUC for complying with state law," which specifically declares that Chief Illiniwek is the honored symbol of the UI's Urbana-Champaign campus. It asks the court to declare the NCAA's policy and sanctions, as they relate to Chief Illiniwek, "null, void and unenforceable."

The students argue that, in portraying the Chief, they are engaged in "protected speech, protected freedom of expression and academic freedom" guaranteed by the state constitution.Their portrayal of the Chief is also part of an academic course, for which they receive academic credit, so the NCAA is interfering with the students' contractual relationship with the UI, it argues.

The lawsuit also claims the NCAA has denied the UI and, by extension, the student plaintiffs, with due process protections set forth in a state statute known as the Collegiate Athletic Association Compliance Enforcement Procedures Act. Those protections include burden of proof and evidentiary requirements. The NCAA also made ad hoc changes to the policy to favor one member school over another by allowing Florida State University to retain its mascot, Chief Osceola, the suit claims.

The students note that they engage in extensive study and rigorous training to learn about the 80-year tradition so that they can portray Chief Illiniwek in a "dignified and respectful manner."

A similar injunction is already in place in a case brought by the attorney general of North Dakota for the benefit of the University of North Dakota, pending a final hearing in that case.

UI spokesman Tom Hardy could not immediately be reached for comment on the suit late this morning.

A fund to support the lawsuit has been established by the Honor the Chief Society, which says it has more than 100 members. Donations should be sent to Chief Legal Fund, Box 11472, Champaign, Ill., 61826.

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