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.

Houston reportedly closing in on a head coach; Kiffin and Miles still being considered

TUSCALOOSA, AL - APRIL 18:  Offensive coordinator Lane Kiffin of the Alabama Crimson Tide watches action prior to the University of Alabama A Day spring game at Bryant-Denny Stadium on April 18, 2015 in Tuscaloosa, Alabama.  (Photo by Stacy Revere/Getty Images)
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The Houston Cougars are reportedly hoping to have a new head coach named as soon as this coming weekend. As expected, Alabama offensive coordinator Lane Kiffin and former LSU head coach Les Miles are among the final candidates being considered for the job.

One candidate no longer to be in the mix, according to a report from Joseph Duarte of The Houston Chronicle, is Oklahoma offensive coordinator Lincoln Riley. That should be good news for Oklahoma, as it likely means Riley will be back in Norman for at least one more season to run the offense (and with Baker Mayfield coming back for 2017, the Sooners offense should continue to rack up some big numbers).

As noted by Duarte, five total candidates were vetted by Houston for the head coaching job. Kiffin, Miles and interim Houston coach Todd Orlando and offensive coordinator Major Applewhite along with Riley all were checked by the university as a decision is approaching.

KD Cannon promised Matt Rhule Baylor will beat Boise State in Cactus Bowl

WACO, TX - SEPTEMBER 12:  KD Cannon #9 of the Baylor Bears at McLane Stadium on September 12, 2015 in Waco, Texas.  (Photo by Ronald Martinez/Getty Images)
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Baylor introduced new head coach Matt Rhule in a press conference setting today, and it would seem Rhule has already gotten some opportunities to speak to his new players in Waco. One player in particular delivered a promise to the new Bears head coach. Baylor wide receiver KD Cannon reportedly made a bowl game guarantee to Rhule.

Baylor started the season with a 6-0 record but dropped their last six games to enter the bowl season at just 6-6. The Broncos of Boise State finished the season with a 10-2 record and second in the Mountain Division behind Wyoming in the Mountain West Conference. Boise State has won six bowl game sin the last seven seasons between head coaches Chris Petersen (now at Washington) and Bryan Harsin.

Personally, I’m still trying to figure out how many people thought pairing Boise State and Baylor in a bowl game would be a good idea, considering the unfortunate story surrounding former Boise State and Baylor player Sam Ukwuachu. We can focus plenty on the non-controversial stuff leading up to the Cactus Bowl, but that is one story that cannot be totally overlooked either, especially given the current state of the Baylor football program.

Baylor and Boise State have never faced each other in football. The two will play in the Cactus Bowl in Chase Field in Phoenix, Arizona on Tuesday, Dec. 27.

Mark Emmert thought “Penn State’s season was spectacular”

INDIANAPOLIS, IN - JULY 23:  NCAA president Mark Emmert speaks during a press conference at the NCAA's headquarters to announce sanctions against Penn State University's football program on July 23, 2012 in Indianapolis, Indiana. The sanctions are a result of a report that the university concealed allegations of child sexual abuse made against former defensive coordinator Jerry Sandusky, who was found guilty on 45 of 48 counts related to sexual abuse of boys over a 15-year period. (Photo by Joe Robbins/Getty Images)
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There was a certain irony in seeing Penn State win and celebrate a Big Ten championship in Indianapolis on Saturday night. Penn State, five years after the horrifying revelations of the Jerry Sandusky scandal ripped through the program, university, and community, was slammed hard by the NCAA, whose offices are located in Indianapolis with sanction terms that were thought to be crippling for the program at the time in the summer of 2012.

So, with Penn State clinching the Big Ten title in the home city of the NCAA headquarters, what did NCAA President Mark Emmert have to say about it?

I thought Penn State’s season was spectacular,” Emmert said while taking questions at the Learfield Intercollegiate Athletics Forum in New York on Wednesday: “What coach [James] Franklin has done there, I think, is very, very impressive.”

Emmert has been criticized by many who have taken issue with the NCAA getting involved with any decisions regarding Penn State’s football program in the aftermath of the Sandusky fallout following the release of the Freeh Report, which the NCAA used in place of its own in-depth investigation.

“It’s great to see it bounce back and do well,” Emmert said of Penn State’s 11-2 season. “While people will occasionally say those sanctions were meant to cripple the university, that’s not true at all. I’ve always said and always believed Penn state is a wonderful university, because it is, and secondly it’s got great sports traditions.”

Emmert may say the sanctions dropped on Penn State were never meant to cripple the university, but that is exactly what a four-year postseason ban and a massive reduction of available scholarships (reduced to 15 per year as opposed to the typical 25) is intended to do. Regardless, Emmert had nothing but praise for Penn State’s 2016 season.

“How can you not be pleased that they’re playing good football again? That’s very good stuff.”

Pac-12’s Larry Scott says expansion may happen again, but unsure how soon

LOS ANGELES, CA - MARCH 12:  Pac-10 Commissioner Larry Scott addresses the crowd after the championship game of the 2011 Pacific Life Pac-10 Men's Basketball Tournament between the Arizona Wildcats and the Washington Huskies at Staples Center on March 12, 2011 in Los Angeles, California.  (Photo by Stephen Dunn/Getty Images)
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Pac-12 commissioner Larry Scott says the expansion fun could kick up some dust in the future, but he is unsure just how soon that may become a realistic possibility.

I think it’s likely you’ll see more expansion, more consolidation over time,” Scott said Wednesday at the Learfield Intercollegiate Athletics Forum in New York, hinting at the possibility of 16 super conferences that have been dreamt up previously. Scott suggested the next round of media rights package negotiations could spearhead those discussions about expansion as conferences look to jockey for the best bargaining power with media partners. The Pac-12’s current contract is due to expire in 2024, to which Scott suggested “We’ll be in a very unique position.”

When the major shifts in conference realignment were at their hottest, the idea of a Pac-16 was a popular idea that would have added Texas and Oklahoma as well as a few other Big 12 members to the Pac-10. Reports of the Pac-16 becoming a reality were premature at the time, however, and the Pac-12 expanded by two with the additions of Utah and Colorado, which led to a rebranding as the Pac-12. The Big Ten added Nebraska at the time and later expanded to 14 with the later additions of Maryland and Rutgers. The SEC had added Missouri and Texas A&M and the Big 12 welcomed TCU and West Virginia. Moves from the power conferences left a ripple effect in the Mountain West Conference, Conference USA, Big East (which led to the American Athletic Conference) and Sun Belt Conference as well as the death of the WAC as a football conference. Things were just about to return to normal until the Big 12 finally made some long-awaited moves to explore their expansion options. The Big 12 closed the door on possible expansion within its conference in recent months, leaving a number of potential Big 12 hopefuls feeling used and disrespected.

Scott also has a bright vision for the future of Pac-12 athletics, which he believes will one day have all Pac-12 sports being broadcast on the Pac-12 Network. That may be true, but the big question will continue to be just how many people will be watching, or be able to watch.