Sue and Joe Paterno

Paterno family files appeal against NCAA for PSU sanctions

127 Comments

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.

New Mexico State’s leading receiver joins Maryland as grad transfer

Teldrick Morgan
New Mexico State athletics
Leave a comment

Teldrick Morgan had been a significant part of New Mexico State’s passing game the past two seasons.  In 2016, he’ll try to play the same role at a Big Ten school.

Maryland announced in a press release that Morgan, a native of Hanover, Maryland, has transferred to the university and will continue his collegiate playing career with the Terps.  As Morgan is coming to College Park as a graduate transfer, he will be eligible to play immediately in 2016.

The upcoming season will be the wide receiver’s final year of eligibility.

“Teldrick brings a great deal to our program and we’re excited that he’s a part of our family,” first-year Terps head coach DJ Durkin said in a statement. “It’s always great to bring a local kid back home, and on top of that he’s very skilled and brings a wealth of experience to our receivers unit.”

Each of the past two seasons, Morgan led the Aggies in receptions.  He caught 75 passes in 2014, although that production dipped to 45 in 2015.  A part of that drop was due to a groin injury that cost the 6-0, 195-pound receiver three games, as well as the continued emergence of Larry Rose III (1,651 yards rushing).

Morgan totaled 120 receptions for 1,454 yards and 11 touchdowns

Two years after ‘parting ways’ with Baylor, WR Robbie Rhodes dismissed by Bowling Green

Robbie Rhoads
Associated Press
Leave a comment

Some kids/young adults will simply never learn, at least not the easy way.  Case in point: Robbie Rhodes.

In June of 2014, reports surfaced that Rhodes had, ahem, “parted ways” with Baylor “for undisclosed reasons.”  That move came a month after Rhodes was arrested and charged with possession of marijuana and tampering with physical evidence, even as charges were never filed against him.  Two months after “parting ways” with BU, Bowling Green announced that the wide receiver had transferred into its football program.

Nearly two years later?  He gone.  Again.

According to the Toledo Blade, Rhodes has been dismissed from the Falcons football team.  The only stated reason was an unspecified violation of team rules.

Rhodes, a four-star 2013 recruit rated as the No. 8 receiver in the country that year, appeared in 11 games as a true freshman for the Bears, recording 10 receptions for 157 yards.  After sitting out the 2014 season to satisfy NCAA transfer rules, Rhodes played in seven games for the Falcons last season, recording three catches for 130 yards.

Rhodes’ departure leaves the Falcons with just two receivers who have caught passes at the collegiate level — Ronnie Moore (third on the team in 2015 with 72 receptions for 954 yards and six touchdowns) and Scott Miller (7-29 last season).

Five-star ‘Bama signee set for second surgery in three months

Lyndell Wilson
Rivals.com
1 Comment

Even as Lyndell Wilson has yet to play a down of college football, the highly-touted 2016 signee simply can’t buy an injury break.

In late March, Wilson announced via Twitter that he would be undergoing surgery in short order to repair a torn labrum in one of his shoulders.  Three months later, the linebacker announced via the same social media site that he has to undergo a medical procedure to repair a torn meniscus in one of his knees.

Per Wilson’s tweet, that has since been deleted for whatever reason, the surgery will be performed Tuesday.  There’s no prognosis on how much time Wilson will miss, including whether he will be available for the start of summer camp in early August.

While the tweet announcing the surgery no longer appears on his Twitter feed, a retweet and another of his own tweets suggests he has yet another injury hurdle to overcome.

For what it’s worth, the school has yet to address any potential health issues with which Wilson may be dealing.

Wilson was one of five Rivals.com five-star recruits signed by the Tide this recruiting cycle. The Montgomery, Ala., native was rated as the No. 4 outside linebacker in the country; the No. 3 player at any position in the state of Alabama; and the No. 26 player overall by that recruiting service. 247Sports.com had the 6-1, 235-pound high schooler as the No. 15 overall prospect in the Class of 2016.

Art Briles played a role in Auburn landing ex-Baylor signee

WACO, TX - SEPTEMBER 06:  Head coach Art Briles of the Baylor Bears during play against the Northwestern State Demons at McLane Stadium on September 6, 2014 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
1 Comment

Art Briles may be out as Baylor’s head football coach, but he still has some influence over at least one member of his last recruiting class.

Over the weekend, Kam Martin announced via Twitter that he had committed to play his college football for Gus Malzahn at Auburn.  The running back chose Auburn over another contender in TCU.

Malzahn and Briles are good friends who, prior to Briles’ dismissal in the wake of the sexual assault scandal in the football program, brainstormed together this offseason.  When Martin received a release from his BU National Letter of Intent, he turned to Briles for advice, with his former coach advising him that Auburn would be “a great fit.”

“He helped me — I still have a great relationship with him,” Martin told 247Sports.com. “He just told me Auburn is a great fit for me with Coach Gus Malzahn and his coaching staff. He said if I was going to Baylor and he was there, it would be the same type of vibe (as at Auburn). He told me Coach Gus would take care of me. He said with him, it’s about the player, about the university.

“And shoot, he’s an offensive guru.”

A four-star 2016 prospect, Martin will be eligible to play for said guru’s squad this coming season.