This comes in the wake of news that the Seminole Nation of Oklahoma does not condemn Florida State for its use of the Seminole nickname, a notion one NCAA official had previously cited as a reason FSU was included on the list of banned schools.
"Our official position is that the Seminole Nation of Oklahoma does not condemn the use of Native American mascots and specifically did not condemn the use of Seminoles by Florida State University," said Jennifer McBee, the Tribe's attorney general.
Walter Harrison, the chairman of the NCAA Executive Committee, told The Associated Press late Friday that Florida State can appeal, but that he is reserving judgment until he sees the appeal.
"It's a new and interesting fact that we will look at," Harrison said.
McBee said the NCAA has never spoken to the Tribe on the issue, but had corresponded with David Narcomey, a member of the Tribe's general council.
Narcomey had sponsored legislation asking the Tribe to condemn such mascots, but the Tribe voted 18-2 to strike it down on July 16. Narcomey has a right to his opinion, but he does not speak for the entire Tribe, said McBee.
In a letter addressed to media citing them as condemning FSU's nickname, the Tribe said it has several members who are students at Florida State and the Tribe "is proud of its representation on campus."
Jim Shore, general council for the Seminole Tribe of Florida, says the NCAA should have done more homework on the subject.
"I think the NCAA made a big mistake here in not consulting with us or the Oklahoma Seminoles," Shore said. "And when they claimed the Oklahoma Seminoles were against it, it was only a few that were against it. They didn't get all their facts together.
"We're still waiting to see what happens, but we have told the school that we are still in their corner."
Wetherell said he hopes the NCAA readdresses the issue, but hopes they go farther.
"We believe the NCAA owes a letter of apology to the Seminoles Tribe of Florida as well as the Seminole Nation of Oklahoma," Wetherell said. "For them to be drug into this through no doing of their own has been totally unfair to them."