Associated Press

The University of North Dakota should raise private funds for any legal fight against the NCAA over the use of the school's Fighting Sioux nickname, Attorney General Wayne Stenehjem says.

Stenehjem said he will provide school officials an outline of the legal grounds they could use to attack the NCAA's conclusion that the nickname is hostile and abusive to American Indians. However, UND's nickname argument shouldn't be paid for by taxpayer funds or student tuition, he said.

"Any lawsuit should be funded by voluntary contributions, and we should find a way to make that happen, if there's a lawsuit at all," he said. A legal fight should cost well under $1 million, the attorney general said.

The Board of Higher Education would have to approve any lawsuit. Two of the board's eight voting members, Richard Kunkel and Bruce Christianson, said they would support going to court. Kunkel is leaving the board in June. Others were undecided or could not be reached for comment.

The board's president, Pam Kostelecky, said there have been no discussions about how any lawsuit would be financed.

Charles Kupchella, UND's president, said no decision has been made about whether to ask the board to approve a lawsuit against the NCAA.

The NCAA's ruling means UND would be banned from hosting NCAA postseason tournaments, and may not participate in them while using its Fighting Sioux nickname and an Indian head logo. The NCAA has denied two appeals to reverse its decision.

Legislation being considered in the U.S. House would limit the NCAA's authority to sanction its members over their use of nicknames and mascots. Rep. Earl Pomeroy, D-N.D., said he did not favor the proposal, although he said he opposed the NCAA's ruling against UND, which is his alma mater.

"My own view is that the constant racheting up of this issue has not brought it any closer to a solution," he said. "This issue, as tough as it is, does not belong in the political grist mill. It will only make matters worse."