University students who portray Chief Illiniwek, graduate student Dan Maloney and sophomore in engineering Logan Ponce, are suing the University and the NCAA in hopes of stopping both organizations from bringing an end to the Chief tradition.

Maloney and Ponce are seeking a restraining order that would keep the NCAA from enforcing its policy on “hostile and abusive” American Indian based mascots, logos, or nicknames. This prohibits member institutions from hosting post season athletic competitions.

Brent Holmes, the Mattoon-based attorney hired by Maloney and Ponce, was not available for comment late Thursday afternoon.

Sources confirmed that the lawsuit’s primary complaint is against the NCAA, which many students, faculty and Illini fans believe is pressuring the University into removing Chief Illiniwek performances from its basketball, football and volleyball games.

But NCAA spokesman Bob Williams countered that claim Thursday, saying the organization’s goal was to create a respectful environment for all those involved in its events.

“The NCAA has not mandated that any university change its mascots or nicknames,” Williams said. “But we do feel that we have a right and a responsibility to ensure that our championships occur in an environment that is free of racial stereotyping and where all our fans and student-athletes feel safe.”

The University’s Board of Trustees was named in the suit, sources said, to prevent the hasty retirement of the Chief Illiniwek symbol, complying with the NCAA policy. Sources said the main purpose of the lawsuit was to ensure that the Board of Trustees’ “consensus resolution” policy play out as it would have prior to the NCAA’s involvement.

“You’d have to talk to them about that,” University spokesman Tom Hardy said when asked why the University was named in the suit.

Maloney and Ponce argue in the lawsuit that eliminating Chief Illiniwek could damage their reputations and jeopardize opportunities to earn academic and monetary benefits in the future.

Maloney and Ponce do not receive scholarships or payment for performing as the Chief, but do receive one hour per semester of academic credit as students in the Marching Illini or Basketball Band. The Marching Illini and Basketball Band are considered classes and students enrolled receive one hour of credit.

The debate surrounding Chief Illiniwek spans nearly two decades, but was fanned by the NCAA’s decision in August 2005 to take action against certain American Indian imagery in college sport.

The University has said for years that the Board of Trustees will have the final say in determining if and when the Chief is retired. Board Chairman Larry Eppley said earlier this year that a final decision will come in 2007.