A National Collegiate Athletic Association ruling Tuesday may mean good news for the University of Utah's use of the nickname Utes.

Florida State University has been removed from the NCAA's list of colleges that use American Indian nicknames and mascots in a "hostile" or "abusive" manner.

FSU's "unique" relationship with the Seminole Tribe of Florida was a significant factor in the NCAA's decision, according to a statement Tuesday by NCAA's Bernard Franklin, senior vice president for Governance and Membership.

"The decision of a namesake sovereign tribe, regarding when and how its name and imagery can be used, must be respected even when others may not agree," Franklin said on the NCAA's Web site.

Those who may disagree include the NCAA's executive committee, which Franklin said still believes that the stereotyping of Native Americans is "wrong."

Requests for reviews from other schools will be handled on a case-by-case basis, the NCAA said this week.

U. President Michael Young said school officials remain in close contact with Ute tribal members, who were meeting this week and next week to talk about the nickname controversy.

The U. appeal process is proceeding, Young said, although nothing formal has been submitted to the NCAA.

U. officials have less than six months in which they must make their appeal. Without an appeal or reversal by the NCAA, the Utes could be banned from playing in or hosting NCAA post-season tournaments.

"We didn't want to go unless we were in lock step with them," Young said of continued meetings with the Ute Tribe. "We want to go with something in writing."

Young said he was surprised that despite FSU's extreme, comprehensive use of the nickname and its Chief Osceola mascot, the NCAA took the school off its list.

The U.'s more "modest, dignified" use of the Utes name should make for a powerful case, Young said.

Forrest Cuch, a member of the Ute tribe and executive director of the Utah Division of Indian Affairs, said the FSU ruling should create a precedent.

"If they can remove Florida State from the list, they can certainly remove the Utah Utes," Cuch said this week.

Everyone with the tribe Cuch has talked with continues to support using the name and are proud to be associated with the U. But Cuch has a caveat.

"They really do need to offer some scholarships to students from the Ute Tribe and to American Indians," Cuch said.

The U. was named last month as one of six schools to receive grants from the Daniels Fund, which oversees a college prep and scholarship program. The emphasis of this year's Daniels Opportunity Awards is on Native Americans, with the U. getting $50,000 in scholarship funds.

The U. benefits financially from use of the Utes nickname and some financial consideration, Cuch added, should be paid to the tribe. "Frankly, in all due respect, this is the business world and that's the way it works." The best way to do that, he said, would be through "educational endeavors."

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