Paterno family files appeal against NCAA for PSU sanctions

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What would anything related to Penn State be without something from the Paterno family?

Eleven days after NCAA president Mark Emmert took unprecedented steps by levying sanctions against Penn State in the wake of the Freeh report, the family of longtime coach Joe Paterno is taking a unique initiative of its own by filing an appeal against NCAA over the sanctions.

The punishments included a $60 million fine, scholarship loss, bowl ban and probation.

More on what this means later, but here is the entire notice, courtesy of Onward State.

To Whom It May Concern:

On behalf of my clients, the Paterno family, who are the living representatives of Joseph V. Paterno and his estate, we file this notice of intent to appeal the NCAA’s consent decree entered against The Pennsylvania State University. Pursuant to NCAA Bylaw 32.10.1, the Paterno Family notes that the consent decree was publicly released on July 23, 2012. Pursuant to NCAA Bylaws 32.1.5 and 32.10.1.2, Mr. Paterno qualifies as an involved individual because he is named in the NCAA’s consent decree as well as the Freeh report, which provided the alleged factual basis for the consent decree. Finally, pursuant to NCAA Bylaw 32.10.1, the Paterno family requests the opportunity to submit its appeal in writing, and it requests an in-person oral argument before the Infractions Appeals Committee.

The estate undertakes this appeal to redress the enormous damage done to Penn State, the State College community, former, current and future student and student athletes, Joe Paterno and certain others involved, as a result of the unprecedented actions taken by the NCAA.

As will become evident in a thorough and impartial review, the NCAA acted hastily and without any regard for due process. Furthermore, the NCAA and Penn State’s Board Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided. The NCAA and Penn State’s leadership, by accepting and adopting the conclusions of the Freeh report, have maligned all of the above without soliciting contrary opinions or challenging a single finding of the Freeh report. Given the extraordinary penalty handed out, prudence and justice require that scrupulous adherence to due process be observed and not completely ignored.

Both the University leadership and the NCAA have said that they had to take extreme and immediate measures to demonstrate respect for the victims and minimize the chance of any similar misconduct from occurring again. These goals are the right ones, and they embody objectives we fully endorse. But those objectives cannot be achieved by a truncated process that wrongly assigns blame by substituting opinion for fact.

If there is culpability in this case, a hearing will help expose it. Due process will not hide the truth and will only illuminate the facts and allow for thoughtful, substantiated conclusions, not extreme and unfounded opinions, such as those offered in the Freeh Report and relied upon by the NCAA.

This matter may be the most important disciplinary action in the history of the NCAA, and it has been handled in a fundamentally inappropriate and unprecedented manner. To severely punish a University and its community and to condemn a great educator, philanthropist and coach without any public review or hearing is unfair on its face and a violation of NCAA guidelines.

Accordingly, we submit this appeal in pursuit, finally, of due process. A fair hearing on the merits is in the interests of justice and fairness for all involved.

We look forward to your acknowledgement of receipt of this timely appeal. In your acknowledgement, we would appreciate confirmation of the exact date triggering the 30-day period for us to submit a written response in support of our appeal.

Respectfully, 

J. Sedwick Sollers III

Let’s get two things out of the way: 1) just about everything the Paterno family says in a statement is ridiculous and self-serving; 2) so be willing to look past all the lawyer rhetoric and hyperbole.

I know, it’s difficult. If the Paterno family was doing this just to be insufferable, I would personally debate even giving them the satisfaction of your attention. But, the notice does have a couple of points that could make for a compelling case, albeit  one that won’t pass.

For one, the release states the “NCAA acted hastily and without any regard for due process.” Technically, that’s not off-base. Some might use the word “unprecedented” instead, but the fact is the NCAA bypassed normal investigative steps to punish Penn State based on another entity’s work. If you read this site often, you know there are others who agree with the Paterno family in that regard.

By refusing to conduct its own investigation, the NCAA is putting all its faith into the conclusions of the Freeh report. Granted, the report is well-documented with appendices and fact-findings — it’s no middle school book report on “The Catcher in the Rye” — but it is one side of the story. The letter from today also states “this matter may be the most important disciplinary action in the history of the NCAA.” I think it’s safe to say the notice doesn’t need the word “may”; it is the most important disciplinary action in the history of the NCAA. And to not have a separate investigation and conclusion?

Baloney.

If the Association is going to take the initiative to punish Penn State for alleged criminal acts, then go through the entire process.

All that being said, the Paterno family doesn’t have a case here. The NCAA and Penn State agreed to the punishment, and the articles and bylaws of the NCAA rule book on ethics are so vague it’s impossible to argue against them.

Also, the NCAA sanctions aren’t subject to appeal. So, there’s that.

Ohio State DL Darius Slade to transfer

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In a day packed full of Big Ten moves becoming official, Ohio State has added a roster move of its own.

Urban Meyer revealed at the conference’s media gathering in Chicago on Monday that defensive lineman Darius Slade will not return to the team.

A 3-star recruit out of Montclair, N.J., Slade (42) redshirted in 2014 and missed the ’16 campaign with a lower leg injury. He racked up seven appearances in 2015.

Slade was expected to back up Sam Hubbard at defensive end.

Meyer said that he “thinks” Slade is off to Arizona State. If that’s true, Slade would have two years of eligibility to play as a Sun Devil unless the NCAA approved a waive for him.

Indiana RB Camion Patrick, LB T.J. Simmons medical hardships

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Indiana running back Camion Patrick and linebacker T.J. Simmons will not return to the team this fall after being granted medical hardships, the program announced Monday. Both players would be fifth-year seniors in 2017.

Simmons appeared in 37 games with 35 starts before suffering a season-ending injury that knocked him out of the 2016 campaign entirely. He collected 213 tackles, six sacks, 16.5 TFLs, two forced fumbles and one fumble recovery as a Hoosier. Simmons will remain with the program as a student assistant.

“T.J. was a three-year starter and a tough kid that I was looking forward to coaching,” head coach Tom Allen said in a statement. “He did everything that he could to get himself back from his knee injury, but he was unable to reach a place where he could consistently play. T.J. is excited about his new role as a student assistant coach in the weight room and on the field. He will be helping his teammates get better. T.J. has such a passion for the game and this program, and I am thrilled to have him help us breakthrough.”

Patrick arrived from East Mississippi Community College — of Last Chance U. fame — and proceeded to sustain injuries to his ACL and a shoulder. He caught six passes for 154 yards with one receiving touchdown and one rushing score for Indiana.

“Unfortunately, Camion dealt with multiple injuries during his time at IU and was never able to fully recover,” Allen said. “He has worked hard in the classroom. Camion has battled to get back following each injury, but his body has let him down. He recognizes that. We recognize that, and we want to help him finish strong in the classroom and help him create a bright future for himself.”

Penn State K Joey Julius no longer with the team

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Joey Julius was everyone’s favorite kickoff specialist last season. Sadly, he won’t be your favorite kickoff specialist in 2017.

At Big Ten media days on Monday, the Nittany Lions unveiled their 2017 roster and Julius was not on it.

Listed at 5-foot-10, 258 pounds, Julius announced in May he would seek treatment for an eating disorder.

“I have been struggling over the last couple months with my eating disorder,” he announced at the time. “It got to the point where I had to return to St. Louis to seek further treatment at the McCallum place. Recovery is a wonderful and beautiful thing that I am working on returning too.”

Julius handled 93 kickoffs for the 2016 Big Ten champions, averaging 62.1 yards per kick with 45 touchbacks. His kickoff average ranked 47th nationally, and his 48.4 touchback percentage was 40th in FBS. Julius made 10-of-12 field goals and 20-of-24 extra points in 2015 before ceding the job to Tyler Davis last season.

 

Urban Meyer on College Football Playoff loss to Clemson: That ship has sailed, it’s gone

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Ohio State may have won the inaugural College Football Playoff national championship, but its most recent trip to the postseason tournament was not nearly as much fun. The Buckeyes were blanked by eventual national champion Clemson, 31-0. Asked whether or not that plays into the mental approach to the upcoming 2017 season, Ohio State head coach Urban Meyer suggested that loss is no longer thought about.

“That ship has sailed. It’s gone,” Meyer said. “Professionally, it changed how we do some business on offense, and we’re moving forward.”

Ohio State has added former Indiana head coach Kevin Wilson as offensive coordinator, with Meyer noting that Wilson is the first offensive coordinator to be brought into Meyer’s program as a head coach (all others have been promoted from within). Meyer acknowledged that more of the offensive management has been put in the hands of Wilson, which supports the thought that things have changed with the offense in 2017.

Ohio State is a heavy favorite among media members covering the Big Ten to win the conference this season, and the Buckeyes will likely be viewed as a playoff contender. Regardless, how last season ended has to leave an empty feeling that needs to be fulfilled this fall, whether Meyer wants to use it as fuel or not.

“It’s the back of everyone’s mind,” Meyer said. “Whether I use that in training camp or not is to be determined.”