Around the Big Ten

[Jeff Buchanan]

When Roseann Barr endorses your shtick, that says it all.

Way, way too early. There's nothing humorous about the Sandusky/paterno affair.

[entropy]

At least two Penn State Board of Trustees members intend to file an appeal Monday afternoon with the NCAA over sanctions levied against the university after the Jerry Sandusky child sex-abuse scandal because they say the NCAA did not give the school due process in meting out its punishment.

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 trustees are also trying to determine whether university president Rodney Erickson had legal authority to sign a consent decree agreeing to the package of sanctions -- a $60 million fine, a four-year bowl ban, scholarship losses and the vacating of wins from 1998 through 2011.

Erickson signed a consent decree with the NCAA after consulting with Board of Trustees chairwoman Karen Peetz and university counsel, but he did not bring the decree to the full board for review or a vote.

Ryan J. McCombie, a retired Navy SEAL who joined the board in June, spearheaded the challenges on Monday, writing to fellow board members in a letter obtained by "Outside the Lines" that he has hired Boston attorney Paul Kelly to file the appeal and that trustees should join him in his effort against the NCAA and in trying to determine whether Erickson had authority to act alone.

Kelly declined comment but said the appeal would be sent to the NCAA around 4:30 p.m. ET. One other trustee had joined the appeal, and sources said they expected others to join it later Monday.

McCombie, one of three new trustees elected by alumni, was one of the most outspoken trustees at a July 25 board session about Erickson not consulting a majority of trustees before signing the consent decree, trustees said.

After that three-hour session in State College, the board issued a statement saying it was standing by Erickson's decision to sign the consent decree. ESPN The Magazine reported last week the university was facing a four-year death penalty if Erickson had not signed the decree and that the NCAA had warned Penn State that if there were a leak about proposed sanctions to the media, the discussions would end and the death penalty would be all but certain.

McCombie did not return a message seeking comment, but wrote in the letter: "It is my belief that this matter did require board approval and that we should engage in a full, and complete, review. In the end, we all benefit from having this matter handled correctly and with full regard for due process -- only then can we be truly confident in the result and the actions we take as a board.

"Furthermore, only after we have given all involved the opportunity to be heard can we move forward together as one university."

Penn State spokesman David La Torre declined comment. NCAA spokesman Bob Williams could not be reached for comment.

Last week, attorneys for the family of former coach Joe Paterno requested the NCAA hold an "open hearing" before its Infractions Appeals Committee of the package of sanctions accepted by Penn State. The NCAA quickly rejected their plan. "The Penn State sanctions are not subject to appeal," Williams said last week.

McCombie closed his letter by writing: "I know my actions will be poorly received by some on this board and in the community at large. To that end it would be easier to remain silent and allow these unfair actions to remain unchallenged. I cannot do this."

[lineygoblue]

So, the Penn State bigwigs want to continue to drag this thing out, instead of accepting the responsibility, and getting on with the healing process. All the while, forgetting the pain of the victims.

I'm starting to dislike Penn State in a very special sort of way. This is a unique sort of dislike. I mean, I dislike OlieO, because its the proper order of things. They are ohio. They are to be disliked. Very simple. But, Penn State is beginning to gnaw at my nerves, because they refuse to get on with the healing process. They want to continue to drag the victims thru this nightmare, just because of some football "wins", Joe Paterno's "legacy", some bowl revenue, and pride.

Shame on them.

[iam416]

I'm still not sure with what the NCAA sanctions have to do with the victims healing. The NCAA sanctions don't do shit for the victims. Civil settlements and criminal sentences -- that's the shit that is at least geared toward the victims.

[lineygoblue]

I'm not referring to the NCAA sanctions.

I'm talking about Penn State refusing to accept the punishment and move on. With all the various appeals and lawsuits being contemplated by the different parties, they continue to drag the victims into the spotlight and are attempting to minimize what they went thru.

I mean, what other basis for "appeal" do they have? By appealing, they are saying that the punishments are too great. The crime doesn't fit the punishment, if you will.

I think the punishment fits just fine, ... and I'd say that if they got the death penalty.

[Optimus Prime]

I'm still not sure with what the NCAA sanctions have to do with the victims healing. The NCAA sanctions don't do shit for the victims. Civil settlements and criminal sentences -- that's the shit that is at least geared toward the victims.

Nor does it adversely affect any of the criminals or those that may have aided or abetted Sandusky's nefarious activities.

The PSU principals have either died, been criminally convicted or are awaiting trial.

Instead 1000's of innocent people have been punished for a decade or more.

[Tony G]

I think none of the guilty are still in the loop at PSU. I've found my anger at individuals instead of institutions (the catholic church being an exception). The NCAA tried to do good with the fines going to abuse programs. The rest of it is meaningless to me. Whether or not PSU plays in a bowl probably means little to the victims. (just my opinion of course)

[Tony G]

I'm talking about Penn State refusing to accept the punishment and move on. With all the various appeals and lawsuits being contemplated by the different parties, they continue to drag the victims into the spotlight and are attempting to minimize what they went thru.

Liney, I understand your point. I do think the BoT wants a just punishment and to have their chance to participate in the process. I can understand them asking if the President had the authority to make that call. I would think the NCAA enforcement case is markedly different than the liability cases PSU faces. I will be stunned if any of those cases see the inside of the courtroom. What my mind boggles at is how on earth do you possibly put a price tag on the damage done to these boys.

[UMStan White]

"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."

That's the true motive behind this move. PSU's only hope is that the federal judiciary voids the punishment or grants an injunction against enforcement.

[THE_WIZARD_]

Well if the penalties were overturned it would pretty much render the NCAA completely irrelevant.

[Tony G]

Hardly. It may back up that they grossly overstepped their authority and known procedures in this case though.

[entropy]

I think none of the guilty are still in the loop at PSU. I've found my anger at individuals instead of institutions (the catholic church being an exception). The NCAA tried to do good with the fines going to abuse programs. The rest of it is meaningless to me. Whether or not PSU plays in a bowl probably means little to the victims. (just my opinion of course)

I'm not so sure.. I imagine more than a few were involved in molesting boys. I don't believe things like this happen in isolation. There are people with power involved at sick levels.

[Jeff Buchanan]

It is absolutely correct that folks behind the NCAA appeal with the PSU BoT are angling for a hearing in the Federal courts. I think the case has merit and will be heard ..... and I'm not talking about excusing Sandusky and the rest of them.

If, by remote chance, the Feds were to rule in favor of PSU's request, it would be the end of the NCAA's ability to enforce its ByLaws when it came to football. They'd still own some degree of control over all the other sports, B-Ball in particular, but it would be a huge kick in the nut sack for Emmert. Something he justifiably deserves. ......

...... but it ain't gonna happen. If I have this right Federal Courts have no desire to and have rarely stepped into the middle of cases involving educational institutions and their rules. I think this may be one case where the NCAA has so egregiously over-stepped its authority they might but, Emmert covered his tracks pretty well if I have that part right.

Anyway, I think its a really stupid move by the PSU BoT for political reasons more than anything else. They might be right but, they'll be better off in the long run if they sit down and STFU for now.

[iam416]

I have a hard time seeing how this lawsuit wins. Fundamentally, membership in the NCAA is voluntary. Abiding by its rules are voluntary. And, in this case, Penn State consented tot he specific punishment. I mean, the fact is that Penn State could tell the NCAA to F off and not do a single thing and the NCAA would have authority to enforce its punishment other than by excluding PSU from NCAA competition.

So the angle, IMO, has to be antitrust -- to negate the entirely voluntary actions of Penn State. But even then, Penn State helped create the NCAA, at least indirectly.

As it stands, I don't see a redressable harm. What PSU would need to do, IMO, is tell the NCAA to F off and force them to exclude Penn State from NCAA activities. Then you would have the NCAA acting, without PSU consent, to use its market power and influence to directly damage Penn State. That's at least a harm the Court could, in theory, remedy. Right now, though, the BoT will need an injunction against BOTH the NCAA AND Penn State. So they would have to argue NCAA and PSU are colluding to the detriment of PSU fans or the BoT or whomever. Meh. Way unlikely.

[UMStan White]

The linchpin of the claim needs to be that the president did not have the authority to bind the University to the consent decree and that at the very least without that consent PSU was entitled to the fundamentals of procedural due process. Nobody said the claim is a slam dunk. It's the only hope, however that PSU has and if it wins, the NCAA is fucked. Don't think for a moment, however, that the NCAA didn't contemplate a legal challenge to its authority before imposing the sanctions.