it's BAAAACCCKKKK !!!
Paterno et. al. files suit against NCAA....http://www.cbssports.com/collegefootbal ... o-sue-ncaa
This was discussed on Bob Costas's show on NBC Sports Wednesday night. 3 people on the panel were all hired / commissioned by the Paterno family / estate.
Freeh and Emmert declined to appear. Costas tried to keep it factual, and basically, these lawyers and former US Attorney General Richard Thornburg laid ot the case.
When you hear the Paterno lawyers discuss the case, it sounds like they plan to make he case that the NCAA has lost institiutional control of itself.
I, for one, agree.
I felt at the time that the NCAA WAY over-stepped the bounds of their charter, by getting into a criminal matter that was outside of the collegiate athletics that it is chartered to regulate.
Emmert just went through the embarrassment of having to back off of NCAA's investigation of U of Miami and former Miami (now Mizzou) coach Frank Haith,
when various leaks and disclosure made it clear the NCAA was not following their own approved procedures and NCAA personnel (some subsequently fired) had run amok.
Paterno's case states that NCAA failed to conduct their own investigation (violating their own procedures) and used the Freeh report as gospel, without questioning it.
Next the NCAA created a consent degree of disciplinary actions against PSU, and used coersion to shove it down the throat of a recently apointed new college president,
under threat of the death penalty being imposed against PSU football.
They further assert that the PSU president could not sign this agreement without approval of the PSU BOT, which never were offically consulted.
The consent decree (based on the Freeh report and no NCAA investigation) implicates people (Paterno and others) who were never afforded due porcess.
Only at the end of the show did Costas bring up the issue (that I personally think is HUGE) about how the NCAA justified their involvement on this rather vague "loss of insitutional control"
argument, which Emmert felt allowed the NCAA to jump all over PSU relating to the criminal actions of someone who allegedly performed them AFTER he was no longer on Paterno's staff.
I think they have a pretty good case, based on several of these arguements - over-reaching jursdiction, lack of due process, coersion (if proven).
Nobody can say the Sandusky affair wasn't a horrible thing. However, Emmert and the NCAA may be found guilty of "piling on" Penn State.
In my opinion, Emmert took advantage of an opportunity to "grand-stand" against a vulnerable institution that was in the midst of an administrative mess.
If this case goes to trial, I expect Emmert and the NCAA to be embarrassed by their lack of professionalism, just as in the U of Miami case.
I read the Costas interview earlier today. You reiterated some noteworthy points, tute, 79.
There are several things that trouble me about the Penn State sanctions. One, was the apparent lack of due process. Second, it was a criminal issue in the courts. The categories of separation in sanctioning were murky at best. Third, the NCAA was trying to project real toughness, politically, on a highly emotional and disturbing matter, to make a impressional statement about its own moral compass and to show the public it is exhibiting extreme disdain at what had happened. While horrible and abusive behavior needed to be prosecuted, the NCAA seems to have expanded its role into new territory, duplicating the courts somewhat. Are they now into sanctioning school administrators and coaches and former coaches for DUIs', domestic violence, income tax evasion, grand larceny, etc.? Some illegal stuff elsewhere has happened since they did not pursue. Certain matters are for the governmental courts and agencies, not an athletic organization. A former FBI chief, contracted by an independent organization, is not the judicial system.
Where the NCAA found grounds, at least to investigate, and thus sanction if rules where in violation, was the matter of institutional control and oversight. Allegedly, by the formers' head coach, AD, VP, and perhaps the President, by failing to report a possible crime, and trying to keep potential scandal away from enhanced scrutiny and public knowledge, they were seeking to avoid embarrassment to themselves, the athletic department, fb program, and the community. Thus, by keeping the potential disclosure/inquiry squelched, it would not hurt PSU athletics, thus giving PSU athletics a comparative advantage by hiding the disturbing activities of an employee/former employee.
The prosecuted, former defensive coordinator had resigned from the PSU staff rather abruptly and it was not to take another coaching position, and his age was still relative prime at the time. So the timing when it all began may not be so post-assignment some have alleged.
Still, what Paterno and certain administrators did, or failed to do, in terms or reporting the incident(s), (and allowing the former DC continued access to PSU athletic facilities), have been subject to the judicial process as well. While there are the Emails that pointed to an alleged cover-up by Paterno and others, a now deceased man cannot defend himself or further explain his entire role with it all.
It's a question of scope and focus. I believe Penn State deserved certain, applicable sanctions with regard to institutional cover-up as it may directly impact athletics. However, the unique methodolgy and rush to impose harsh penalties without due process and while the institution was shamed and highly vulnerable to ptessures, is unsettling in multiple ways.
I recall the SMU death penalty. SMU has yet to fully recover from it. Sure, SMU kept repeating violations at the time. But SMU could have gotten the message without it. Cut their TV exposure and scholarships for a longer period and make the fines expensive. Other schools have done as bad, or more disturbing things as SMU did, and have gotten wrist slaps for it. What also plays into much of this, is that certain other institutions (competitors), for their own gain, often relish in peers being severely punished.
Punish violators, but be specific, consistent, and clear, exactly what is to be punished in a measured way, and the "outcome" expected. The PSU players getting punished so much, seems misdirected. The fines?: Certainly some of it was deserved.