Penn State protects child rapist that was former famous D-Coordinator

[Drako]

You know, its possible for both to be true:

1) Sandusky raped kids and Paterno covered it up

2) The NCAA forced an illegal consent decree down Penn St's throat under duress.

Our legal system (luckily) doesn't operate on an "Ends justify the means" basis.

You do realize that the Penn State BOT fully agreed to the sanctions. right?

 

[IHateMyJob2004]

I hate collegiate and professional sports. So I could really give a rats ass if every single collegiate program in the USA was shut down. All that wasted money could go towards enlightenment. Or maybe give the idiot southerner fans some thumbs.

 

[lupi]

responses ^

if the NCAA punished USC for money Busch received after leaving college, then you'd have a comparable circumstance.

 

[zinfamous]

if the NCAA punished USC for money Busch received after leaving college, then you'd have a comparable circumstance.

they punished PSU for stuff Sandusky was discovered to be doing as a coach, and initially witnessed to be doing years later as a creeper hanger-on to the program, within their facilities.

....you understand that, right?

 

[zinfamous]

I hate collegiate and professional sports. So I could really give a rats ass if every single collegiate program in the USA was shut down. All that wasted money could go towards enlightenment. Or maybe give the idiot southerner fans some thumbs.

man, I grew up loving college and some pro sports. I still love some of the college sports, but to be perfectly honest, I wouldn't care if they disappeared, either.

Or, at least, they fractured off of the University as a related non-pro league. They already contribute nothing to the associated schools in terms of revenue.

 

[HendrixFan]

I read the article, and it implied that Penn State couldn't legally make the agreement due to state constitution rules on money with state institutions. If that is a hangnail on this situation then instead of a substantial fine, the program will be shut down for as long as that amount (or more) of the same amount of revenue cannot be generated. It simply becomes a semantics issue.

As far as what the NCAA can legally do, the answer is very little. Just as is the case with pay for play issues, the NCAA has no legal basis to subpoena documents or set punishment. But they certainly can tell any member they are disallowed from competing within their private club.

As I said before, Penn State agreed to this landmark punishment because it was worse than the alternative that falls within the traditional/clearly specified scope of the NCAA's punishment range. Now with stupid politicians trying to secure votes by challenging this in court they are just further trumpeting the memory of the shameful institution that exists within Pennsylvania's borders. Plus they will indeed have been singularly responsible for making the punishment much worse.

 

[lupi]

they punished PSU for stuff Sandusky was discovered to be doing as a coach, and initially witnessed to be doing years later as a creeper hanger-on to the program, within their facilities.

....you understand that, right?

-- The infractions in question were not related to a competitive advantage. Sandusky had left the program years before.

apparently better than some.

 

[Drako]

-- The infractions in question were not related to a competitive advantage. Sandusky had left the program years before.

apparently better than some.

Apparently you do not understand that PSU BoT accepted the the sanctions.

Apparently you are a member of the JoePa cult of personality. Logic eludes you.

Bow down and worship JoePa and his disciple, the Tickle Monster (Jerry (child rapist) Sandusky).

 

[norseamd]

People seem to be typing without reading, although that was also prominent when this first occured.



The validity of the NCAA’s landmark consent decree with Penn State was questioned by a Pennsylvania state court Wednesday in a decision that could have far-reaching implications.

The Pennsylvania Commonwealth Court said the NCAA might not have had the legal right to force Penn State to agree to the decree in 2012 that stopped just short of a death penalty for the football program. That decree resulted from the NCAA’s unprecedented involvement in the outcome of the Jerry Sandusky scandal.

The court made the ruling as motions flew back and forth in the pending Corman vs. NCAA case. Pennsylvania state senator Jake Corman sued the association in January 2013*attempting to keep the $60 million fine that resulted from the decree to be used in state.

Corman alleged that spending any of the money outside the state violates the Pennsylvania constitution. The court upheld the constitutionality of the Endowment Act. The act requires any fine of more than $10 million to be deposited in a state treasury trust fund.

On Wednesday, the Commonwealth Court dismissed the NCAA’s challenge of that law that would keep the money in state. In a split decision, a majority of the seven-judge panel questioned the validity of the consent decree.

“ … given the many discrepancies between the consent decree and the NCAA constitution and bylaws, there exists genuine factual disputes,” said Judge Anne Covey in the majority opinion.

She questioned, “whether the NCAA acted in accordance with its constitution and bylaws.”

The court further wrote, “The Consent Decree expressly recognizes* the NCAA’s questionable involvement in and its dubious authority pertaining to a criminal action against a non-university official [Sandusky] which involved children who were non-university student-athletes.”

In his dissenting opinion, Judge Dan Pellegrini said he was “bewildered” Penn State would enter into agreement with the NCAA on issues that “ordinarily would not be actionable by the NCAA.”

The decree was the foundation of the NCAA’s penalties against Penn State in the Sandusky case. The university basically agreed to a series of crippling sanctions facing the real possibility of the football program being shut down by the NCAA.

One of Penn State's lawyers, Gene Marsh, called the situation at the time a “cram-down.”

The school was assessed a four-year bowl ban and scholarship limitations. Some of those scholarships have been restored by the NCAA. In addition, all of Joe Paterno’s wins from 1998-2011 were vacated.

The NCAA’s penalties were unprecedented for several reasons.

-- The infractions in question were not related to a competitive advantage. Sandusky had left the program years before.

-- They resulted from a criminal case. The NCAA interpreted its constitution to conclude that Penn State violated the constitution's "fundamental values" clause.

-- Players who had nothing to do with case were penalized. In a famous show of faith, senior Mike Mauti and several other players pledged loyalty to the program two days after the penalties were announced.

-- Players were allowed to transfer immediately, setting off a set of unintended consequences. Players complained of coaches from interested schools lurking in the parking lot outside the football facility.

-- Penn State was not a repeat offender of NCAA bylaws, which automatically triggers the possibility of a death penalty. In fact, Penn State had been one of two schools to win national championships in the wire service era (since 1936) never to commit a major violation in football. BYU is the other.

good

seems the ncaa might have jumped on a situation and blackmailed penn state into giving the ncaa money to do what it wants with it

there is a lot of shit in the ncaa that is in need of finding

how exactly was the ncaa spending this money

were they trying to influence schools to do something for the ncaa and the commisioners for getting grant money

 

[norseamd]

I read the article, and it implied that Penn State couldn't legally make the agreement due to state constitution rules on money with state institutions. If that is a hangnail on this situation then instead of a substantial fine, the program will be shut down for as long as that amount (or more) of the same amount of revenue cannot be generated. It simply becomes a semantics issue. As far as what the NCAA can legally do, the answer is very little. Just as is the case with pay for play issues, the NCAA has no legal basis to subpoena documents or set punishment. But they certainly can tell any member they are disallowed from competing within their private club. As I said before, Penn State agreed to this landmark punishment because it was worse than the alternative that falls within the traditional/clearly specified scope of the NCAA's punishment range. Now with stupid politicians trying to secure votes by challenging this in court they are just further trumpeting the memory of the shameful institution that exists within Pennsylvania's borders. Plus they will indeed have been singularly responsible for making the punishment much worse.

great

thought everyone that was involved was already fired

so they are just punishing those who had nothing to do with it at all

not like i care about penn state anyways

that said the law exists and there is the possibility that the ncaa willingly violated it. if so they should take action against the ncaa. if the ncaa bans penn state then pennsylvania should ban the ncaa from pennsylvania. also some of the commissioners at the ncaa might have eligibility for arrest and indictment for this.

 

[zinfamous]

-- The infractions in question were not related to a competitive advantage. Sandusky had left the program years before.

apparently better than some.

but the infractions in question were related to the raping of little boys and the coverrup of raping of little boys. I think that's a bit worse than competitive advantage, don't you think?

We both agree that the NCAA has displayed its own leeway to make up whatever rules it wants to recommend whatever restrictions it wants.

Why would this be different--when a real crime has been committed?

 

[norseamd]

but the infractions in question were related to the raping of little boys and the coverrup of raping of little boys. I think that's a bit worse than competitive advantage, don't you think? We both agree that the NCAA has displayed its own leeway to make up whatever rules it wants to recommend whatever restrictions it wants. Why would this be different--when a real crime has been committed?

agree that something needs to be done but why are the authorites not the ones in charge of this

the ncaa basically destroyed the whole penn state football program

the ncaa seems to care more about the reputation than what is just

 

[waggy]

rolf keep fighting the good fight! lett the pedo go!

bwhahah

penn state is NOT going to win this. They might get out of the money issue (by far the best penalty they could get) but they are not going to win the war.

IF they set aside the money then they are just going to be out of the NCAA for a few years. fucking over current kids.

frankly they need to shut the fuck up or its going to get worse.

 

[waggy]

agree that something needs to be done but why are the authorites not the ones in charge of this

the ncaa basically destroyed the whole penn state football program

the ncaa seems to care more about the reputation than what is just

no they didn't they kept it alive. you do understand if not for the money penn state football would be dead.

lol

 

[norseamd]

rolf keep fighting the good fight! lett the pedo go! bwhahah penn state is NOT going to win this. They might get out of the money issue (by far the best penalty they could get) but they are not going to win the war. IF they set aside the money then they are just going to be out of the NCAA for a few years. fucking over current kids. frankly they need to shut the fuck up or its going to get worse.

this seems to be the state of pennsylvania not penn state

penn state can do nothing to prevent the commonwealth of pennsylvania from enforcing the laws. and neither can the ncaa

 

[waggy]

this seems to be the state of pennsylvania not penn state

penn state can do nothing to prevent the commonwealth of pennsylvania from enforcing the laws. and neither can the ncaa

No the ncaa can not stop them from cancelling the deal.

but what do you think the NCAA is going to do? nothing?

the only step they have is to nuke the program for a while. lol

 

[zinfamous]

agree that something needs to be done but why are the authorites not the ones in charge of this

the ncaa basically destroyed the whole penn state football program

the ncaa seems to care more about the reputation than what is just

the ncaa rarely cares about justice. in this case, idgas what happens to PSU.

fuck em.

 

[norseamd]

No the ncaa can not stop them from cancelling the deal. but what do you think the NCAA is going to do? nothing? the only step they have is to nuke the program for a while. lol

penn state and the commonwealth of pennsylvania are not the same thing

so if the ncaa wants to makes themselves total shitbags because of something penn state can not control then they can go ahead

they already lost any reputation they had

 

[norseamd]

the ncaa rarely cares about justice. in this case, idgas what happens to PSU. fuck em.

i do not give a shit about penn state

i do however have no respect for the ncaa

 

[TerryMathews]

You do realize that the Penn State BOT fully agreed to the sanctions. right?

That doesn't necessarily means they are well-founded and enforceable.

I'm not saying that is the case however assuming it must be well founded and enforceable because the BOT agreed to it is a simplistic viewpoint.

 

[lupi]

Apparently you do not understand that PSU BoT accepted the the sanctions.

Apparently you are a member of the JoePa cult of personality. Logic eludes you.

Bow down and worship JoePa and his disciple, the Tickle Monster (Jerry (child rapist) Sandusky).

And if someone came up to you while at the atm with a gun in his hand you'd happily hand him whatever you could withdraw and say have a nice day. Doesn't mean it was correct or legal. Understanding that common sense may be difficult for you to understand.

 

[lupi]

but the infractions in question were related to the raping of little boys and the coverrup of raping of little boys. I think that's a bit worse than competitive advantage, don't you think?

We both agree that the NCAA has displayed its own leeway to make up whatever rules it wants to recommend whatever restrictions it wants.

Why would this be different--when a real crime has been committed?

And if someone in the Kentucky band raped someone, then it would be ok if the NCAA suspended the basketball team, because that would be about the same relevant action.

Or maybe as the NCAA is an governing body supposedly formed for the safety and equality of the student athletes, legal matters should be left to those organizations responsible for such things.

 

[lupi]

That doesn't necessarily means they are well-founded and enforceable.

I'm not saying that is the case however assuming it must be well founded and enforceable because the BOT agreed to it is a simplistic viewpoint.

And when the ruling goes 6-1 against, and the "-1" of that in his decision remarks that he has significant questions about the legality within it's constitution of the NCAA undertaking such action, it does not bode well as the case goes on.

 

[edro]

Ugh. Please make this go away. The punishment in the court of public opinion is enough already.
I don't like being reminded of Sandusky showers.

 

[mugs]

And if someone in the Kentucky band raped someone, then it would be ok if the NCAA suspended the basketball team, because that would be about the same relevant action.

Or maybe as the NCAA is an governing body supposedly formed for the safety and equality of the student athletes, legal matters should be left to those organizations responsible for such things.

If the basketball coach and the athletic director helped cover it up to protect the reputation of the basketball program, and more rapes happened as a result, yeah I think it'd be ok to suspend the basketball team and give the players the option to transfer without penalty.