NCAA Seeks to Dismiss Case

Or, What is something we all expected for $500, Alex?

According to this article on Yahoo Sports . . .

The NCAA also firmly denied a claim that it had conspired with former FBI director Louis Freeh's team in formulating the sanctions. Freeh led the school's internal investigation into the scandal, and the Paterno family and three former school officials have vehemently denied Freeh's scathing allegations of a cover-up. 

''Their suit complains primarily about the conclusions of the Freeh Report, conducted at the behest of the Penn State Board, and the university's acceptance of its findings,'' NCAA chief legal officer Donald Remy said in a statement outlining the organization's arguments. ''The NCAA did not commission the Freeh Report nor had any role in it."

Yet, the NCAA had no problem using that report as the sole basis for their unprecedented punishment of a member school.

I must admit, though, that the NCAA attorney's are absolutely brilliant.  The whole Consent Decree thing has to be one of the legal coups in the history of this country.

We didn't commission the report (or conspire with it) yet we used it in place of our investigation.  You commissioned the report, tacitly accepted the report, and agreed to allow us to punish you for it.

I just hope the courts realize that all this legal posturing and pointing out technicalities doesn't divert attention to the fact that these actions have HARMED other people, whether they were party to these shenanigans or not.

This is America.  Why not ALLOW the courts to actually examine this situation?  If the NCAA is really innocent of any wrongdoing, then presumably they will be acquitted. 

If the Freeh Report fits, then they must acquit!  Do a victory dance and counter sue the Paterno's et. al. for your court expenses, lost revenue, etc.

I have a feeling, though, that the NCAA is far from confident that the courts will find in their favor, and dismissal is not only a legal tactic, but an essential survival tactic.

At this point, there are several trustees still part of the original suit which hopefully will give further credence to "standing."

Newly elected-trustees have also come forward on PS4RS:

As newly elected Trustees to the Board of Trustees of The Pennsylvania State University, we want to make clear that we fully support the legal claims filed against the NCAA by our Trustee colleagues Al Clemens, Ryan McCombie, Peter Khoury, Anthony Lubrano and Adam Taliaferro. 

Based on information we have reviewed, we agree the NCAA breached its contractual obligations to Penn State to treat the University and its student-athletes, coaches and administrators fairly and in accordance with the NCAA’s own constitution and bylaws. That did not happen. Rather, the University and the affected individuals were denied due process of law. 

We support a legal review of the sanctions imposed on Penn State, the basis for the sanctions and the process used to enact them. 

We further support an open and thorough review of the Freeh report by the Board of Trustees in light of accounts from credible and respected sources that the report is seriously flawed and incomplete. This report is the sole basis for the NCAA sanctions and has become the reference point for the media and the public. It is accepted as truth because the board never formally rejected it. As Board Chairman Keith Masser recently observed in USA Today however, many of the conclusions in the report appear to amount to “speculation.” In our view, this matter calls for openness, thoroughness and transparency. The greater Penn State community has been calling for this action, and they deserve no less.

I'm not holding my breath, but I am praying that the judge allows this claim to move on.  Hey!  Maybe I am in favor of MOVING ON after all!  Especially if it involves moving on all over the corrupt NCAA!