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.

Florida State planning new facility to catch up with Clemson

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Florida State completed a major facility overhaul not even three years ago. But the thing about arms races is that when someone pulls ahead of you it means you are behind.

And Clemson officially pulled ahead earlier this year with the opening of its glistening, slide-equipped new home.

As such, Jimbo Fisher told reporters Friday that Florida State now has plans to construct its own standalone facility, going as far as meeting with an architect.

“We need room. We need meeting space, player development areas. You’ve got to have those areas and also to show off your history. That’s what Florida State is known for, being a great football program,” Fisher told ESPN. “You can never stand still. If you’re not evolving and moving, people are going to bypass you. You’ve got to keep going. The great programs never settle. We’re always looking for that edge. It’s going to help recruiting. It’s going to help player development. We get a lot of guys that are three-and-out, so we’ve got to have space for them to get them developed as quickly as we can so we can get production out of them.”

While saying that it’s a “competitive” race and not an arms race, Fisher also tried to sell that the plans for the ‘Noles’ new home were unrelated to Clemson’s new facility.

“I don’t care what they’ve got,” Fisher said. “I’m worried about what we’ve got. If I don’t think it’s going to make a difference in our program for these kids to develop as people, students and players, I won’t ask. I didn’t grow up with a lot. I was taught if you need it, do what you’ve got to do to be successful but don’t waste. I’m not going to do that. But there’s things you’ve got to have to be successful and that’s the next step, in my opinion.”

Former Michigan TE Jake Butt says college players should be able to cash in on likenesses

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For the record, Jake Butt shouldn’t “be paid” in the strictest sense of the term — to receive a paycheck for services rendered. Rather, the former Michigan tight end believes players should be able to profit from their statuses as college athletes when the NCAA, its conferences and member schools are already doing the same.

(Having an extremely marketable last name probably contributed to the forming of this opinion.)

“Something needs to change,” Butt told ESPN.com at Michigan’s pro day. “I don’t want a check from the NCAA. I don’t know if that’s something that’s likely. But the big thing is they say you can’t use your name to benefit. I can’t go into my favorite breakfast spot, Benny’s, I can’t go in there and get a free breakfast because I’m only getting that because of my name.

“That’s not to say I can’t make friends with the owner because of the person I am. I’m a good guy, a really good guy — sociable guy, made a lot of friends. I can’t accept anything free for that. They said I can’t go down the street, the example one of them gave us is you can’t go to [get] tires and negotiate your price from $600 to $500 because that’s only because of your name. But Joe Schmo can go down the street and he can negotiate his price. It’s kind of ridiculous to me.”

Butt was a victim of the cruelest twist in circumstances possible for a college athlete — a season-ending injury at the end of his final season. A senior, Butt was one of the top tight ends on the draft board before suffering a torn ACL in the Wolverines’ Orange Bowl loss to Florida State. The Mackey Award winner as the nation’s top tight end will be drafted next month, but the damage to his bank account resulting from the injuries is significant. Being able to profit from his own name and image would have served as insurance against the loss of value he suffered due to the injury.

“I should be the example of why college athletes should be getting paid in college or why I can’t use my name to benefit off my likeness in college,” Butt said.

“Why can I see ‘I Like Jake Butt and I Cannot Lie,’ I see those shirts and I’m living paycheck-to-paycheck in college. Who knows? Heaven forbid something happens in the NFL, can I really benefit off of it when it was at the most? No, I can’t.”

Baylor strength coach apparently no longer with the program

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It seems every bit of news related to Baylor football nowadays has to do with the school’s on-going sexual assault scandal but it appears there is one bit of information coming out of the program that doesn’t have something to do with that.

A school spokesperson told ESPN on Friday that football strength coach Kaz Kazadi has been “reassigned to a role outside the athletic performance staff.” A report from the local ESPN Radio affiliate in Waco indicates that the move will eventually have the coach leaving the school altogether.

Kazadi spent nearly a decade with the Bears and played a big role in the team’s on-field turnaround under the former coaching staff. Several former players took to Twitter on Friday to express their shock over the loss of one of the cornerstones of the team in recent years.

After the hire of Matt Rhule this offseason, it isn’t too surprising to see some turnover among those staff members connected to the previous regime. Baylor’s new head coach brought most of his strength staff with him from Temple so it was probably only a matter of time before Kazadi moved on, though the timing of the quasi-announcement (the Bears started spring football last weekend) is somewhat interesting.

Either way, it appears Baylor will have a new direction in the weight room going forward.

Michigan’s Jim Harbaugh has ditched his Dockers for another

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Peanut butter and jelly. Milk and cookies. Batman and Robin. Maize and blue. Jim Harbaugh and khakis.

All are iconic combinations, but it appears the latter is undergoing a few changes right now.

The Michigan head coach’s affinity for a pair of khakis has been so strong over the years that it’s become almost comical how much he likes the style of pant. Heck, he even got a commercial out of it a few years ago when he specifically started getting outfitted with Dockers brand khakis.

Despite being a paid endorser though, it appears that Harbaugh has dropped the famous Levi’s brand version of khakis to attack the day with an enthusiasm unknown to mankind in another pair of pants.

Not only is the switch from Dockers to Lululemon result in a lot more comfort for the Wolverines coach, it’s probably a bit more of a hit to the ol’ wallet than dropping by Walmart for a pair of khakis off the shelf. It probably doesn’t make a huge difference for Harbaugh though given that he’s the highest paid coach in the country but it might result in a few more trips to the mall.

Either way, what it does mean is that now we demand a new commercial featuring Harbaugh and khakis. After all, if you’re upping the clothing game, you’ve got to up the ad game as well.