Around the Big Ten

[iam416]

So, I don't see how it's a due process case unless the NCAA is a state actor.

I guess the due process claim maybe comes into a contract claim. If the NCAA is a contractually-created organization/organization where members sign up and if the Schools/Signatories agree to provide the NCAA revenue in some way (i.e., running March Madness) and if, in exchange for that revenue, the schools agreed the NCAA has a clearly-defined authority and set of procedures it implements and if the NCAA exceeded the scope of its authority or breached its own set of procedures, perhaps there's some claim in there. But, as everyone has noted, the BoT needs to get rid of the whole consent thing -- unless they can do that, any claim is dead.

[lineygoblue]

Do any of you attorney-types know where the initial hearings are going to be held? My reason for the question is, could Penn State file its suit in hopes that they find a friendly judge who will move the case along?

[iam416]

It will almost certainly be in Federal Court and then most likely in the Middle District of Pennsylvania, which has locations in Scranton, Williamsburg, Wilkes-Barre and Harrisburg. I'm guessing the case would be filed in Harrisburg.

I can't say one way or the other what judges in the MD of Pa will do, but they don't have a great deal of latitude. They really don't have a prayer, IMO.

[UMStan White]

Penn State as the Plaintiff gets to chose the venue (within certain limitations) It has been quite a few years since I've had litigation in Federal Court in Pennsylvania (Scranton and Wilkes-Barr) so I can't say what venue favors PSU. No question however that PSU will file where they think they have the best shot. This is a hail mary and we all know how PSU QBs have sucked lately as passers

[Dr. Strangelove]

The NCAA says phony classes and credits given to athletes at UNC are simply not within its jurisdiction

http://espn.go.com/college-sports/story/_/id/8243779/north-carolina-tar-heels-academic-scandal-exemplifies-ncaa-hypocrisy

[WM Wolverine]

Wow, I thought academic integrity was pretty much the NCAA's mission.

[Mike]

Lol @ Equal opportunity baloney courses.

[Dr. Strangelove]

This is the kind of hypocritical BS I am talking about

Huge public outcry over PSU = NCAA unilaterally declaring they the authority to act for any reason.

No public outcry and little notice over UNC's academic scandal = "Our hands are tied"

[entropy]

Wow.. What crap

[Rob F]

Maybe the NCAA only needs a name change. How about DIPSHITSA----Dysfunctional Idiotic Perpetually Stupid Hypocrites of Intercollegiate Team Sports Administration. I know, quite a mouthful, but I think it pretty much sums up what the NCAA really looks like right now.

[iam416]

It really only serves to highlight how ridiculous they were with Penn State.

Another example -- after the 2003 Sugar Bowl, gads of Georgia players sold their rings. Oh, the humanity! As you'll all recall, this is a ghastly violation of NCAA rules. However, at the time, the rule "wasn't clear". So they let Georgia skate and clarified the rule so all would know what the deal was going forward. Actually, a reasonable approach.

So, we have an example of a supposedly "murky" rule not being enforced because it wasn't clear enough and a case where the NCAA refuses to exercise authority over academic shenanigans b/c, supposedly, they didn't break any clear NCAA rules (i.e., equal opportunity half-assery). There's a pretty fucking good argument that there was no clear violation of NCAA rules in the PSU case. There's a pretty good fucking argument that the PSU didn't implicate the mission, scope of authority or purpose of the NCAA. But the public demanded its pound of flesh. Fuck those asshats. Honestly, fuck them.

Oh, well, the arbitrary and capricious death hand of the NCAA landed on Penn State clearing the way for Urban Dominance (though, tbh, PSU wasn't going to be much more than a speed bump). So, Jimmy crack corn and I don't care -- eat a bowl dick assnits.

[The Oracle]

I can agree with a lot of that. Most notably, fuck 'em.

[Tony G]

PSU expected to ratify sanctions


Updated: August 9, 2012, 2:54 PM ET
By Don Van Natta Jr. | ESPN.com

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The Penn State University board of trustees will hold a special meeting Sunday and is expected to formally ratify the consent decree of sanctions agreed to last month by university president Rodney Erickson and the NCAA, "Outside the Lines" has learned.
Board chairwoman Karen Peetz called the meeting "so that there can be no misunderstanding as to where we as the board stand."
Erickson and the NCAA signed a consent decree on July 23 that laid out a package of sanctions against the university and football program as a result of the Jerry Sandusky child sex abuse scandal. The sanctions include a $60 million fine, a four-year bowl ban, scholarship losses and the vacating of wins from 1998-2011.
The resolution the board will consider states "the process followed by the (NCAA) was unfortunate and the punitive sanctions are difficult," and refers to the consent decree as "binding."
The outcome of Sunday's meeting seems almost certain, sources told "Outside the Lines," because two straw polls about whether to appeal the sanctions were taken by a quorum of trustees during a conference call Tuesday.
That call may have constituted an illegal board meeting, given the votes taken, the number of trustees present and the lack of public notice given about the call -- a requirement of the Pennsylvania Sunshine Act.
Only a few of the more than 20 trustees on the Tuesday call said they wished to appeal the NCAA sanctions.
Trustee Ryan J. McCombie filed an appeal to the NCAA over the sanctions on Monday. At least three other trustees, including Anthony Lubrano, supported that appeal, which said that the consent decree should be "null and void" because Erickson "lacked the legal authority" to enter into such an agreement without the full board's approval.
The NCAA has said the penalties cannot be appealed.
Multiple sources have said the appeal is a precursor to a federal lawsuit asking a judge to invalidate the sanctions, because trustees expect the NCAA to reject the appeal. Attorneys for the four trustees within a week will prepare a legal opinion about whether Erickson had authority to act unilaterally. Should that opinion state he did not have such authority, the trustees say they will file a federal lawsuit in Indianapolis (home of the NCAA) or Philadelphia.
Peetz, in calling for a special meeting Sunday, told trustees: "We have heard from President Erickson and from our legal team. We have had an opportunity to speak our minds. I appreciate everyone's candor and your sincere and heartfelt comments. However, it is now time to put this matter to rest and to move on. As I said in my opening remarks on Tuesday evening, we need a laser focus on the future of the university. We need to be unified and we need to work together."
Tuesday's call lasted about two hours and was very contentious, sources said, as trustees and legal counsel debated the merits of appealing to the NCAA.
A person with knowledge of the discussion said Gene Marsh, an attorney who negotiated the deal with the NCAA on behalf of Penn State, told trustees that the sanctions were not appealable by any single person based on NCAA bylaws.
Marsh could not be reached for comment.
Penn State football coach Bill O'Brien told USA Today on Thursday that it's time to move on.
"We're very, very mindful of what happened here," he told the newspaper. "But it's time, in my opinion -- this is just my opinion -- it's time to stop the dour attitude. It's time to think of ways to help us through this. We all have to come together and realize why we're in the position we're in. We have to. We have to stop arguing about it. We have to move forward."

[Jeff Buchanan]

..... I have to say that besides the disgusting circus afforded us football fans by the unfolding of the Sandusky/Paterno affair, it's pretty interesting to watch this drama as well.

Pretty clear there is a split on the PSU BoT regarding Erickson's authority to have entered into an agreement with the NCAA. Seems to me the cooler heads are in the majority.

[Dr. Strangelove]

Fallout from Sandusky only just beginning.

The Feds are investigating a possible child pornography ring involving Sandusky and possibly other people connected to Penn State

http://www.cbsnews.com/8301-201_162-57491185/feds-probe-possible-sandusky-child-porn-ring/?tag=storyMediaBox;postSpecialReport