Sue and Joe Paterno

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.

Houston adds Colorado’s fourth-leading 2015 rusher to roster

BOULDER, CO - NOVEMBER 13:  Running back Patrick Carr #1 of the Colorado Buffaloes runs for a first down past linebacker Porter Gustin #45 of the USC Trojans and defensive tackle Delvon Simmons #52 during the third quarter at Folsom Field on November 13, 2015 in Boulder, Colorado. The Trojans defeated the Buffaloes 27-24. (Photo by Justin Edmonds/Getty Images)
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In early July, Patrick Carr opted to transfer from Colorado.  Nearly two months later, he has a new college football home.

According to Joseph Duarte of the Houston Chronicle, Carr has been added to Houston’s roster.  The running back, at least for the 2016 season, will be a walk-on to the program.

Carr will also spend this season on the sidelines as he will be forced to sit out the season to satisfy NCAA transfer bylaws,.  Then, beginning in 2017, he’ll have three years of eligibility to use the next three seasons.

A three-star 2015 signee, Carr was rated as the No. 49 back in the country by 247sports.com.

As a true freshman last season, Carr was fourth on the Buffaloes with 272 yards rushing on 66 carries.  He also added 52 yards on five receptions.

A statement from CU head coach Mike MacIntyre at the time of his transfer said that “Patrick is a fine young man who needs to move closer to home back in Texas for family reasons.” He was the No. 84 player at any position in the state of Texas coming out of The Woodlands.

Cory Butler-Byrd ‘partially reinstated’ by Utah

SALT LAKE CITY, UT - OCTOBER 10: Wide receiver Trevor Davis #9 of the California Golden Bears catches a touchdown pass in front of Cory Butler-Byrd #16 of the Utah Utes during their game at Rice-Eccles Stadium on October 10, 2015 in Salt Lake City, Utah. (Photo by Gene Sweeney Jr./Getty Images)
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And Cory Butler-Byrd‘s trek out of Kyle Whittingham‘s doghouse has officially commenced in earnest.

Monday, the Utah wide receiver pleaded guilty as part of a plea deal in connection to an incident last month in which he allegedly damaged police property.  The criminal mischief charge will be dismissed if he, among other stipulations, stays clean for the next year.

Butler-Byrd had been indefinitely suspended from the program since the initial incident.  Tuesday, the football program announced in a press release that “Whittingham has reinstated Cory Butler-Byrd to the team for practice and other team activities, effective immediately.”  However, he remains indefinitely suspended from participating in games.

“There is no timetable for his potential return to competition and he will not be available to the media for comment this season,” the release added.

After transferring to the Utes from the junior college ranks, Butler-Byrd began his FBS career as a cornerback.  He began the transition to receiver during the 2015 season, then exited spring practice this year as the starter as a slot receiver for the Utes.

Butler-Byrd started five games last season as a corner/receiver (three at CB, two at WR), intercepting three passes and catching one pass for a 54-yard touchdown.  He also returned eight kicks for 233 yards and a touchdown.

Raymon Minor reverses transfer course, returns to Virginia Tech

ATLANTA - SEPTEMBER 05:   A cheerleader runs a flag for the Virginia Tech Hokies across the field against the Alabama Crimson Tide during the Chick-fil-A Kickoff Game at Georgia Dome on September 5, 2009 in Atlanta, Georgia.  (Photo by Kevin C. Cox/Getty Images)
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In mid-August, Virginia Tech announced that Raymon Minor had decided to leave first-year head coach Justin Fuente‘s Hokies football program and transfer elsewhere.  Exactly 11 days later?

Tuesday, Fuente confirmed that Minor has returned to the team and will play for the Hokies in 2016.  The linebacker won’t be returning on scholarship; rather, he’ll continue his career in Blacksburg as a walk-on.

It’s not clear what the impetus was for Minor’s change of heart.

247Sports.com had Minor rated as a four-star prospect in the Class of 2014, with the recruiting website putting him as the No. 19 athlete in the country and the No. 9 player at any position in the state of Virginia.  The only recruits rated higher than Minor in the Hokies’ class that year were safety Holland Fisher and running back Shai McKenzie.

After redshirting as a true freshman, Minor played in eight games last season.

PHOTOS: Nebraska unveils new chrome alternative uniforms

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Personally, I think Nebraska’s plain, simple, traditional uniforms were among the best in all of sports but alas, I’m not the target audience.  Nor have I been for 20-plus years.

Regardless, NU’s target audience is likely pleased this afternoon as the Cornhuskers, along with apparel supplier adidas, unveiled Tuesday what is being called Husker Chrome alternate uniforms.  The release states that the new uniforms are “inspired by the city of Lincoln, Nebraska, also know as the “Star City,” and “blend crisp, modernized design with a tribute to Nebraska’s clean, classic signature look.”

Translation: “we’re hoping these appeal to recruits and current players as well as our extremely loyal and rabid fan base.”

The helmets, for what it’s worth, aren’t really that bad. At all.  From the release:

As a tribute to the traditional aesthetic of the Cornhuskers football program, the helmet features a metallic red “N” logo on the sides and is accented with player numbers featured in metallic red and metallic chrome outlining on the back of the helmet, showcasing the Star City’s ability to shine.

The new uniforms, which you can see below, will make their debut for the Sept. 24 game against Northwestern in Lincoln.

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