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.

Despite Auburn interest, Texas A&M OC Noel Mazzone staying put in College Station

COLLEGE STATION, TX - OCTOBER 14:  The Texas A&M Aggies offense huddles against the Missouri Tigers at Kyle Field on October 14, 2006 in College Station, Texas. Texas A&M won 25-19. (Photo by Ronald Martinez/Getty Images)
Getty Images
1 Comment

Gus Malzahn’s quest to find a new offensive coordinator has zigged and zagged in the past few days since the surprising departure of Rhett Lashlee to UConn. One place it will not be going however, is to a fellow SEC West school.

Brent Zwerneman of the Houston Chronicle reports that despite some interest in Texas A&M offensive coordinator Noel Mazzone, the Aggies’ coach is staying put in College Station.

Mazzone arrived at A&M prior to this past season from UCLA and found early success with the Aggies and transfer quarterback Trevor Knight before a late slide in 2016. Travis Haney of 247Sports reported earlier Thursday that he could be considered the leader in the search to replace Lashlee, but it appears that will not be the case.

The longtime coaching veteran’s name being linked to Auburn isn’t too surprising considering he was the OC there from 1999-2001 but Mazzone’s hefty salary and likely high buyout figure provided some big obstacles if he wanted to reunite with the school.

Instead, it’s on to the next one for Malzahn and company.

Jim Harbaugh, Michigan coaches ride go-karts with five-star recruit in Georgia

ANN ARBOR, MI - OCTOBER 17:  Head coach Jim Harbaugh of the Michigan Wolverines reacts during the college football game against the Michigan State Spartans at Michigan Stadium on October 17, 2015 in Ann Arbor, Michigan. The Spartans defeated the Wolverines 27-23.  (Photo by Christian Petersen/Getty Images)
Getty Images
1 Comment

National Signing Day is just around the corner and that means a flurry of in-home visits by coaches across the country trying to lock up the next class of impact players for their program.

We’ve seen plenty of unique attempts by coaches to impress prospects over the years as a result, from often used cookie cakes to sleepovers and limo rides. When it comes to this subject though, few have been as creative as Michigan’s Jim Harbaugh. This week, he certainly cemented that reputation.

According to the Detroit News, Harbaugh and several Wolverines coaches took an in-home visit with five-star defensive tackle Aubrey Solomon out of Leesburg, Georgia and went bowling with the recruit’s family before finally racing go-karts together.

And even better, there’s video via ESPN:

Solomon is also strongly considering Alabama and Georgia in addition to Michigan, but something says neither Nick Saban or Kirby Smart will be heading to the race track with the big defensive tackle on their visit. You have to love recruiting either way.

Florida QB Luke del Rio to miss spring practices following surgery

FAYETTEVILLE, AR - NOVEMBER 5:  Luke Del Rio #14 of the Florida Gators throws a pass during a game against the Arkansas Razorbacks at Razorback Stadium on November 5, 2016 in Fayetteville, Arkansas.  (Photo by Wesley Hitt/Getty Images)
Photo by Wesley Hitt/Getty Images
Leave a comment

Florida quarterback Luke Del Rio will be out of action this spring in Gainesville, the school announced on Thursday. Del Rio will instead be taking time to recover from shoulder surgery.

Del Rio underwent surgery on his non-throwing surgery on Wednesday. The surgery was on his non-throwing shoulder, but it will still take some time to rehab following the procedure.

While Del Rio is expected to be available for the fall, his absence in the spring could open the door for Feleipe Franks and Kyle Trask to make a potential run for the starting job. Both were expected to be ready to compete for the starting job for the Gators this season anyway, and now each will be able to get a few more reps in the spring to work on their case to win the starting job for the 2017 season.

Del Rio was 5-1 as Florida’s starting quarterback last season before going down with a knee injury. Austin Appleby took over as Florida’s starting quarterback and led the team to a blowout victory over Iowa in the Outback Bowl at the end of the season. Del Rio passed for 1,358 yards and eight touchdowns with eight interceptions.

San Diego State extends Rocky Long’s contract through 2021

SAN DIEGO, CA - DECEMBER 05: Head coach Rocky Long of the San Diego State Aztecs hoists the champion's trophy after winning the Mountain West Championship game against the Air Force Falcons at Qualcomm Stadium on December 5, 2015 in San Diego, California. (Photo by Kent Horner/Getty Images)
Photo by Kent Horner/Getty Images
Leave a comment

Coming off a second straight 11-3 season, San Diego State has rewarded head football coach Rocky Long with a contract extension. The school announced a new contract that tacks on five additional seasons to the existing contract. Long is now under contract through the end of the 2021 season.

Long was under contract through the end of the upcoming 2017 season, so the contract extension provides a little more job security for Long and enables to him to show some stability for the future of the program.

Long replaced former San Diego State head coach Brady Hoke as the head coach of the Aztecs at the end of the 2010 season after Hoke was hired by Michigan. Under Long, San Diego State has gone 54-26 with six straight winning seasons. During that run, San Diego State has won back-to-back Mountain West Conference championships the past two seasons and gone 3-3 in bowl games. Long also coached San Diego State to a conference crown in his first season on the job, in 2011. San Diego State has ended each of the past two seasons with bowl victories against a team from the American Athletic Conference (Cincinnati in the 2015 Hawaii Bowl and Houston in the 2016 Las Vegas Bowl).