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.

Ex-Vandy RB Brian Kimbrow now an ex-MTSU RB, too

Brian Kimbrow
Associated Press
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Maybe the third time will be the charm for Brian Kimbrow? Or maybe there’ll be no third time, period?

That appears to be the case Kimbrow confirmed to Rivals.com earlier this week that he has walked away from the Middle Tennessee State football team. Not only that, but the running back has walked away from the sport, period.

“I just didn’t love football like I used to and wanted to focus on school and my forensics career,” Kimbrow told the recruiting website. “Just burned out for real.”

Kimbrow began his collegiate career at Vanderbilt as a four-star recruit in 2012. He ran for 748 yards and six touchdowns his first two seasons with the Commodores before he was indefinitely suspended early on in the 2014 season for conduct detrimental to the team. A month later, the then-junior was dismissed from the Vandy football program.

Kimbrow joined MTSU as a graduate transfer earlier this year and participated in spring practice with his new Blue Raiders teammates.

James Pierre, three-star 2016 signee, given release from UNC

5 Sep 1998:  General view of the mascot for the North Carolina Tar Heels displayed during the game against the Miami Ohio Redhawks at the Kenan Stadium in Chapel Hill, North Carolina. The Redhawks defeated the Tar Heels 13-10. Mandatory Credit: Chris Cova
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Once at 26, North Carolina’s 2016 recruiting class has been pared by one.

According to a report from 247Sports.com, 2016 signee James Pierre has been given a release from the National Letter of Intent he signed with UNC.  The recruiting website reports that Pierre was denied admissions by the university, leading to his full release.

Because he has not attended any classes at UNC, Pierre would be eligible to play immediately at another FBS program.  He’d then have the standard five years to use four seasons of eligibility.

A three-star 2016 recruit, Pierre was rated as the No. 48 safety in the country.  In addition to UNC, Pierre held scholarship offers from, among others, Cincinnati, Kentucky, Louisville, Miami, Mississippi State, South Carolina, Tennessee, West Virginia and Wisconsin.

RB Denzell Evans opts to transfer from Arkansas

Screen Shot 2016-05-05 at 7.08.22 PM
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Arkansas lost, at least temporarily, a running back to injury last month.  This month, they’ve lost one permanently, for a whole other reason entirely.

Thursday, Bret Bielema confirmed that Denzell Evans plans to transfer out of his Razorbacks football program.  No specific reason for the parting of ways was given.

The running back will remain enrolled in school until he graduates, then move on to an undetermined location.  As Evans will be a graduate transfer, he’ll be eligible to play immediately if his new college football home plays at the FBS level.

As a bonus for his new program, Evans will actually have two years of eligibility left to use.

The past two seasons after redshirting as a true freshman in 2013, Evans had played in 15 games.  Evans rushed for 84 yards on 13 carries in his Razorbacks career; 48 of those yards and six of the carries came in the fourth quarter of an Oct. 31 win over UT-Martin this past season.

Evans, a three-star 2013 signee, scored a pair of rushing touchdowns in the spring game last month.

Report: Joe Paterno knew of Jerry Sandusky abuses as far back as 1976

PATERNO SANDUSKY
Associated Press
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Oh boy.

As an insurance case connected to the Jerry Sandusky child-sex abuse case continues to wind its way through the legal system, PennLive.com writes, ” a new bombshell” was dropped Thursday.  According to the newspaper website, a court order in the case indicates that deceased former Penn State head coach Joe Paterno was aware in 1976 of sexual abuse allegations against Sandusky, the former Paterno right-hand man who was convicted of molesting at least 10 underage males victims during and after his long stint as a Nittany Lions assistant.

It’s further alleged in the order that Paterno did not tell his superiors of the allegations in 1976, nor subsequent allegations a decade later. From the report:

The line in question states that one of Penn State’s insurers has claimed “in 1976, a child allegedly reported to PSU’s Head Coach Joseph Paterno that he (the child) was sexually molested by Sandusky.”

The order also cites separate references in 1987 and 1988 in which unnamed assistant coaches witnessed inappropriate contact between Sandusky and unidentified children, and a 1988 case that was supposedly referred to Penn State’s athletic director at the time.

“There is no evidence that reports of these incidents ever went further up the chain of command at PSU,” Judge Gary Glazer wrote, in determining that because Penn State’s executive officers weren’t aware of the allegations, he would not bar those claims from insurance coverage.”

Paterno supporters, including his family, have long argued that Paterno did nothing inappropriate and did not cover up for his former coach; Paterno himself admitted, though, in an interview before he was fired in the midst of the scandal in November of 2011, “I wish I had done more.”

Thursday, Paterno’s family once again rushed to the Hall of Famer’s defense in a statement.

Over the past four-and-a-half years Joe Paterno’s conduct has been scrutinized by an endless list of investigators and attorneys.

“Through all of this review there has never been any evidence of inappropriate conduct by Coach Paterno. To the contrary, the evidence clearly shows he shared information with his superiors as appropriate.

“An allegation now about an alleged event 40 years ago, as represented by a single line in a court document regarding an insurance issue, with no corroborating evidence, does not change the facts. Joe Paterno did not, at any time, cover up conduct by Jerry Sandusky.

The case in which the 1976 allegation was revealed involves Pennsylvania Manufacturers Association Insurance Co., which is arguing that it’s not responsible for reimbursing Penn State the more than $60 million it has paid out in Sandusky-related damages.

The 72-year-old Sandusky is currently serving 30-60 years after being convicted on 45 counts in a 48-count indictment.