The NCAA has hit Penn State with a $60 million sanction, a four-year football postseason ban and a vacation of all wins dating to 1998, the organization said Monday morning.Did the NCAA even investigate this? Do they realize that the charges actually facing PSU administrators have not even been proven in a court of law yet? Does our US Constitution not guarantee us a right to due process? I guess that doesn't matter if the brainiacs at ESPN believe that the football culture needs to change.
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Here's a blog entry by a LAWYER about the situation:
According to ESPN and other media organizations, NCAA president Mark Emmert has elected to issue sanctions on Monday (July 23, 2012) against Pennsylvania State University, including a loss of scholarships and a multiple-year bowl ban. If the media reports are true, then the NCAA has charted an unprecedented, and perhaps unconstitutional, course of action. Federal and state courts have consistently held that membership organizations, including athletics associations like the NCAA, are required to provide procedures that protect their members against arbitrary and irrational action. Thus, an NCAA rule or decision cannot be applied unreasonably so that it creates different classes of schools. Accordingly, any NCAA sanction against Penn State at this stage may potentially violate federal and state notions of due and fair process for several reasons, including, but not limited to:
1.The conduct of Penn State and its employees, no matter how egregious, is not a violation of an existing NCAA rule. In fact, according to available information, the NCAA has never interpreted, or issued sanctions under, existing rules to address only criminal violations (or the cover-up of criminal violations). Further, the NCAA has chosen to make criminal activity an NCAA rules-violation in limited circumstances (i.e., Bylaw 10.2 (Knowledge of Use of Banned Drugs) and Bylaw 220.127.116.11 (Banned Drugs))—and the activities described in the report by former FBI director Louis J. Freeh are not addressed in the NCAA Division I Manual.The BOT and President Erickson will not fight this. I don't know why. Perhaps they are covering up an even bigger story, but I speculate there.
2.The NCAA did not establish and publish a process and procedure to address the issues relevant in Penn State’s case. Instead, the NCAA is utilizing an ad-hoc process that has not been explained fully to the membership or the public.
3.The NCAA is not adhering to its existing enforcement processes and procedures.
4.The NCAA is treating Penn State differently than other schools that were involved in sexual assault scandals or other serious criminal misconduct.
5.The NCAA failed to provide Penn State: (a) a written notice of allegations; (b) an opportunity to respond to the notice of allegations; (c) a hearing before an NCAA infractions committee to address the allegations; and (d) a process for an appeal of NCAA findings and sanctions.
As legal counsel for colleges and universities before NCAA committees, we are extremely concerned about the possible NCAA actions and urge the organization to comply with its existing processes and procedures to address the Penn State sexual abuse scandal. In addition, based on our review of the Freeh report, the issues facing Penn State are best left in the expert hands of the criminal and civil courts, the federal Departments of Justice and Education, the Pennsylvania General Assembly and the relevant accrediting agencies.
I can only hope that a class action suit driven by alumni or State College business interests can put an end to this madness.
ESPN thinks that Penn State needs to change their football culture. well, Penn State fans, welcome to