The Paterno's have filed an appeal with the NCAA disputing the sanctions levied against Penn State by the
The estate undertakes this appeal to redress the enormous damage done to Penn State, the State College community, former, current and future student and student athletes, Joe Paterno and certain others involved, as a result of the unprecedented actions taken by the NCAA.A--freaking --Men!
As will become evident in a thorough and impartial review, the NCAA acted hastily and without any regard for due process. Furthermore, the NCAA and Penn State’s Board Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided. The NCAA and Penn State’s leadership, by accepting and adopting the conclusions of the Freeh report, have maligned all of the above without soliciting contrary opinions or challenging a single finding of the Freeh report. Given the extraordinary penalty handed out, prudence and justice require that scrupulous adherence to due process be observed and not completely ignored.
Both the University leadership and the NCAA have said that they had to take extreme and immediate measures to demonstrate respect for the victims and minimize the chance of any similar misconduct from occurring again. These goals are the right ones, and they embody objectives we fully endorse. But those objectives cannot be achieved by a truncated process that wrongly assigns blame by substituting opinion for fact.
|Herr Emmert: "Penn State ist nicht so gut!"|
A Penn State Board of Trustee member filed an appeal Monday afternoon with the NCAA over sanctions levied against the university after the Jerry Sandusky child sex-abuse scandal.Let the games begin! At last, we have some leadership! I personally have not spoken to a SINGLE person who didn't feel the NCAA is in this way over their heads with absolutely no authority to sanction Penn State the way they have and for the reasons they have. But no one seems to want to do anything about it.
Three other trustees joined the appeal, which states a consent decree that university president Rodney Erickson signed with the NCAA agreeing to the sanctions is "null and void" because Erickson "lacked the legal authority" to enter into such an agreement without the board's approval.
Trustees and a person with first-hand knowledge of the discussions said the move is a precursor to a federal lawsuit asking a federal judge to invalidate the sanctions, because trustees expect the NCAA to reject the appeal.
The appeal, sent to the NCAA from attorneys hired by Ryan J. McCombie, a retired Navy SEAL who joined the 32-member board in June, also challenges the NCAA on the following fronts:
• The NCAA did not give Penn State trustees and the university due process when it did not follow its usual investigation and enforcement procedures.
• The consent decree is fundamentally unfair because it relies on the Freeh report, which "contains findings and conclusions not that are contrary to the evidence presented ..."
• The sanctions are "excessive and unreasonable" because they inflict "permanent damage to an entire generation of student-athletes and coaches who were innocent of any wrongdoing during their time on campus ..."
I wish this double front assault on Fascism well and may they bring home victory!