Leaders division looks pathetic with PSU out of the picture for about a decade. And only 4 of the 6 teams in that division are post-season eligible this season.
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What did Penn State sign?
When Penn State president Rodney Erickson signed the consent decree imposed by the NCAA, he and the school agreed not only to the punishments but also to the monitoring, the supervision and to an enforcement process. This is not just a settlement contract. It is the document that governs enforcement and provides for penalties if Penn State screws up.
These agreements are typically negotiated by two organizations in the middle of a dispute. There is no indication of a negotiation or even a minimal role by Penn State or its president and his lawyers. A typical decree would say that Penn State neither admits nor denies wrongdoing. This decree is all about wrongdoing with Penn State admitting everything.
Consent decrees are ordinarily sterile legal documents, but this one expresses outrage. The decree states the evidence against Penn State "presents an unprecedented failure of institutional integrity leading to a culture in which a football program was held in higher esteem than the values of the institution, the values of the NCAA, the values of higher education, and, most disturbingly, the values of human decency."
Penn State did not negotiate this document. Penn State surrendered to the terms of this document.
It is possible for a wealthy alumnus, a season-ticket holder, a coach, a taxpayer or even a student-athlete to file a lawsuit challenging the sanctions and the consent decree. But any lawsuits are doomed to failure. Erickson's signature on the consent decree means that the university has agreed to the sanctions and to be bound by them for five years.
No one has the standing or the authority to challenge what Erickson and the university have agreed to do. Penn State expressly agrees that it cannot be challenged with "judicial process." Anyone who files a lawsuit would face not only an early dismissal of the case but also the payment of the legal fees incurred by the NCAA and Penn State as they obtain the dismissal. The lawsuit would be an expensive failure.
-- Lester MunsonBenny Blades~"If you break down this team man for man, we have talent to compare with any team."
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Before the PSU scandal I would put OSU, M and PSU as the top 3 B10 programs both in success and number of fans (ratings). Tough to put them all in one division. Too much of the B10's population (& strong programs) comes from the 'east' and not enough from the 'west.'
MSU as the #4 program in the 'east' is historically is as good as anyone but Nebraska. So 4 of the top 5 historically are in the 'east.'
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The dangerous precedent was set. I can't say the punishments themselves were too harsh (although the death penalty itself might have been easier to overcome) but for the NCAA to self-appoint new power unto itself, that it can now render judgments without an official hearing or investigation, should disturb those who believe in due process.
I understand what Stan is saying about due process, that Penn State waived its rights to a trial, but the NCAA has made it quite clear that even if Penn State had fought the charges, the NCAA was prepared to render a guilty verdict without so much as a hearing. And who is now to say that the NCAA will not again determine that, you know, an investigation would take too long and cost too much; we're pretty sure you're guilty so...three years probation!
The rules will be not be applied fairly and the NCAA will pick and choose on when to intervene, based solely on the whims and prejudices of the committee members. For example, while it's nowhere as appalling as the Sandusky case, the Bobby Petrino scandal easily falls under their new "upright morals" outlook and he knowingly promoted an employee based upon sexual favors. Yet that case will not get even a glance from the NCAA because there's no public outcry to do so.
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I appreciate what you're saying DSL, but the problem becomes that Penn State waived any "due process" defenses. Future programs don't have to fold (that's not to say they will be successful-merely that "due process" arguments remain viable in the future.Last edited by UMStan White; July 23, 2012, 05:51 PM.
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The NCAA was leaking this morning that this was a one time reaction. Anyone taking odds this style of punishment will be done again by Emmert or his successors?Benny Blades~"If you break down this team man for man, we have talent to compare with any team."
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Oh and I believe that the Petrino matter should be investigated by the NCAA. Not only did he hire his whore, but he failed to disclose he was fucking her when he recommended her for the job. (I'm not suggesting that the NCAA is not inconsistent--I'm merely pointing out that no "due process" argument exists for PSU once they agreed to the sanctions and basically pled guilty.
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Oh and I believe that the Petrino matter should be investigated by the NCAA. Not only did he hire his whore, but he failed to disclose he was fucking her when he recommended her for the job. (I'm not suggesting that the NCAA is not inconsistent--I'm merely pointing out that no "due process" argument exists for PSU once they agreed to the sanctions and basically pled guilty.Benny Blades~"If you break down this team man for man, we have talent to compare with any team."
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"The NCAA was leaking this morning that this was a one time reaction. Anyone taking odds this style of punishment will be done again by Emmert or his successors?'
In fairness to the NCAA this WAS a unique situation. This was a situation where a members school conciously decided to conceal a sexual predecessor who had been a member of its coaching staff in order to protect the product of its football team FOR OVER A FUCKING DECADE and knowingly allowed him to have access to its facilities that he had used in the past for the scene of his crimes. Another program allow the same deserves to be hi as hard as the NCAA has hit Penn State. Anyone disagree?
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