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.

Georgia raises ticket prices following Kirby Smart hire

ATHENS, GA - SEPTEMBER 28: A general view of the Sanford Stadium before the game between the Georgia Bulldogs and the LSU Tigers on September 28, 2013 in Athens, Georgia. (Photo by Scott Cunningham/Getty Images)
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Running a college athletics department is only getting more expensive, so attending a college football game will only get more expensive. Or, at least attending a Georgia game will.

Bulldogs president Jere Morehead and athletics director Greg McGarity revealed Thursday per-seat donations would rise an average of 17 percent for priority season ticket holders beginning in the 2017 season.

“It’s in anticipation of things that are ahead,” McGarity told the Athens Banner-Herald.

Cost-of-attendance scholarships bumped that line item up $766,000, and other costs across the department added an additional $5.3 million to the budget. All this while Georgia is building a new indoor facility and replacing Mark Richt and his staff while hiring Kirby Smart and his new staff.

“Those projects are going to be expensive,” Morehead said. “The cost of operating our athletic program each year continues to rise particularly as you look at the enhancements that are being provided to our student-athletes and to the support that we’re providing our student-athletes.”

The bump in prices will raise an extra $2.5 million for Georgia, and represents the first time Bulldogs fans have been asked to ante up since 2005.

“We wanted to be respectable in the increase to not price people out of a certain area but we did feel like we needed to make an adjustment,” said McGarity. “We want to continue to encourage people to come to games. We’ve got our work cut out to make sure (that happens).”

Ohio State to host Tulane in 2018

COLUMBUS, OH - SEPTEMBER 6:  The Ohio State Buckeyes kickoff to the Virginia Tech Hokies at Ohio Stadium on September 6, 2014 in Columbus, Ohio.  (Photo by Jamie Sabau/Getty Images)
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The Fighting Frites are heading to the Horseshoe.

Ohio State and Tulane announced a one-time game to be played in Columbus on Sept. 22, 2018.

“Tulane enhances and completes a non-conference schedule in 2018 that already includes Power 5 conference teams TCU and Oregon State,” Ohio State deputy AD Martin Jarmond said in a statement. “The Green Wave is part of a fine American Athletic Conference, which produced a New Year’s Day 6 bowl winner last year [Houston over Florida State in the Chick-fil-A Peach Bowl], so its first trip to Ohio Stadium should be exciting for our students and fans.”

The two teams have never met previously. Tulane last faced a Big Ten team on Sept. 27, 2014, a 31-6 loss at Rutgers. Ohio State last faced an American Athletic Conference program in the 2014 opener, a 34-17 Buckeyes win over Navy in Annapolis, Md.

We are excited for the opportunity to play Ohio State, one of the premier programs in the country,” Tulane executive associate athletics director Brandon Macneill said in a statement.  “Our coaching staff and players, along with our fans are eager to play against the very best and this should be a great game.  There will be a significant number of Tulanians from around the country joining us at the Horseshoe.”

Adding Tulane completes Ohio State’s 2018 non-conference schedule; the Buckeyes host Oregon State on Sept. 1 and visit TCU on Sept. 15. Tulane still lacks two games for 2018 but is slated to visit Georgia Tech on Sept. 8.

Georgia AD apologizes for giving Ludacris everything he demanded for spring game concert

Greg McGarity
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The University of Georgia paid Ludacris $65,000 to perform a concert at Georgia’s spring football game, and now the athletics director is apologizing for catering to every demand made by the artist.

In a meeting with the Georgia athletic board of directors, athletics director Greg McGarity offered an apology for giving in to a lengthy list of demands from Ludacris, which included condoms and alcohol.

“I do want to take this opportunity to apologize to our board for mistakes we made with certain aspects of the details of an entertainment agreement,” McGarity said, according to The Athens Banner-Herald. “Few things in my professional life have bothered me more than this situation. There are no reruns in life so we need to turn the page, learn from our mistakes and do everything we can to make sure errors of this nature do not reoccur.”

Georgia set a school attendance record for its spring game with an estimated total of 93,000 fans coming out for the first spring game under new head coach Kirby Smart. Of course, more than a few of those fans were encouraged to come out to see Ludacris perform, so it all worked out well for Georgia even if some people were not happy with the goods supplied to him during his stay.

“Some more than others as far as different age groups,” McGarrity said of the people expressing their displeasure with Georgia’s hospitality. “It was all over the map. I think there were a lot of things that came into play.”

Auburn RB Roc Thomas apparently heading to Jacksonville State

AUBURN, AL - SEPTEMBER 6: Running back Roc Thomas #9 of the Auburn Tigers runs the ball in for a touchdown as offensive linesman Jordan Diamond #76 of the Auburn Tigers blocks safety Forrest Hightower #12 of the San Jose State Spartans on September 6, 2014 at Jordan-Hare Stadium in Auburn, Alabama. Auburn defeated San Jose State 59-13.  (Photo by Michael Chang/Getty Images)
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Auburn running back Roc Thomas is possibly looking to join one of the top programs from the FCS ranks. Reports today surfaced suggesting Thomas is looking to transfer to Jacksonville State, although another report says he has yet to ask Auburn for a request to transfer.

During a radio interview, Jay G. Tate of AuburnSports.com said Thomas is likely on his way to Jacksonville State…

As that message was spreading around the college football landscape, largely under the ominous storm cloud from Waco, Texas, SEC Country updated their report by saying Thomas has not yet made a request to transfer from Auburn. That may have been accurate, but may not suggest a transfer to Jacksonville State is off the table. It could just be a matter of semantics, where Thomas is set to join the Jacksonville State program but still must go through the formalities of transferring from Auburn.

Thomas does have two years of eligibility remaining.