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.

About-face: Derrius Guice will play vs. Syracuse after all

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Never mind, I guess.

Wednesday night, Ed Orgeron flatly stated on his radio show that Derrius Guicewill not play this week” against Syracuse because of a left knee injury sustained in Saturday’s embarrassing loss to Mississippi State. Thursday, there was a complete 180-degree reversal.

“We got some good news today, at the beginning of the week, Derrius was ruled out, up to yesterday he wouldn’t be able to play,” Orgeron said according to the New Orleans Times-Picayune. “He came to us today and said ‘Coach, I’m feeling better, I want to practice.’ He practiced pretty good today so he’s going to get some snaps. He will play.”

OK then.

Through three games, Guice leads the Tigers with 300 yards rushing and is tied for tops on the team with four rushing touchdowns. His rushing yards are currently fourth in the SEC; last season, his 1,387 yards were tops in the conference.

Pitt FB/TD machine George Aston set to return vs. Georgia Tech

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One of the most efficient touchdown producers in college football in 2016 that you were probably completely unaware of appears ready to make his 2017 debut.

A vague lower-extremity injury knocked George Aston out of most of not only summer camp but also Pittsburgh’s first three regular-season games as well. With Georgia Tech on the horizon in Week 4, the fullback is listed as probable on the team’s official injury report released Thursday.

For a team that has scored just four offensive touchdowns in two games against FBS competition, Aston’s potential return could serve as somewhat of a boon for that side of the ball.

Last season, Aston totaled 75 yards on 22 carries as well as 169 yards on 22 receptions. In those 44 touches, Aston totaled 10 touchdowns — five on the ground, five through the air.

Saturday’s game will serve as the ACC opener for both Pitt and Tech.

NCAA approves waiver to allow UCF to schedule Austin Peay as hurricane replacement game

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Hurricane Irma forced a lot of shuffling and cancellations on the college football schedule but perhaps no team was more uniquely affected than Central Florida.

The Knights had two home games cancelled as a result of the storm, last weekend against Georgia Tech and a contest against Maine that was bought out as a way for the team to play their full AAC conference slate. Dropping the games left UCF with only 10 games for the 2017 season and a not ideal five home games as a result.

That has been cleared up somewhat however, as the school announced on Thursday that the NCAA has approved a waiver and that Austin Peay is now scheduled to go to Orlando for a Oct. 28th contest.

“I can’t thank Oliver Luck and the staff at the NCAA enough for their help and understanding of our situation,” UCF athletic director Danny White said in a statement. “We greatly appreciate Austin Peay being willing to visit Spectrum Stadium. We’re thrilled for our student-athletes, who deserve every opportunity they can get to go out and compete. I know our fans will be excited about the opportunity to have another Saturday at Spectrum Stadium.”

The Knights are currently 1-0 heading into their trip to play Maryland on Saturday. With the addition of an 11th game to their 2017 slate, UCF needs to go at least 6-5 in order to become bowl eligible as a result.

Clemson kicker Greg Huegel injured during practice, out for the season after ACL tear

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If Clemson is to defend their national title this season, they will do so without the services of their reliable kicker.

The school confirmed various reports on Thursday evening that redshirt junior Greg Huegel was injured during the Tigers’ practice on Wednesday night — on the final kick, no less — and tore his ACL. He will have surgery and will not play again in 2017.

While he didn’t get the press of Deshuan Watson or others, Huegel was a key part of the Clemson run the past few seasons after taking over as the starter in 2015. The former walk-on was a Lou Groza Award semifinalist last year and had hit two of his four field goals to start off this season, one of which was a career-long 49 yard kick just last week.

Backup kicker Alex Spence is likely to take over for the Tigers in Huegel’s absence. The redshirt junior has never attempted a field goal in a game but has kicked off and made an extra point for Clemson this season.

Reserve tight end Cole Renfrow, the younger brother of title game star Hunter Renfrow, also tore his ACL in practice and is out the rest of the season as well.

Given the thin margins that College Football Playoff teams have nowadays, the loss of Huegel figures to be a big one for Dabo Swinney and company going forward. Clemson hosts Boston College this week but will face a stiff test on the road at Virginia Tech in an ACC title game rematch to end the month.