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.

Oklahoma State’s Jordan Brailford undergoes shoulder surgery, may be back before opener

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The injury-plagued career of Jordan Brailford (pictured, right) in Stillwater is apparently showing no signs of slowing down.

While the football program has yet to confirm it, Oklahoma State’s student newspaper, the Daily O’Collegian, has reported that Brailford has undergone a surgical procedure to repair unspecified damage in his shoulder. The Oklahoman subsequently confirmed the initial report.

It’s expected that the surgery will sideline the redshirt junior defensive lineman for up to four months, which would put him back in time to participate in the latter portions of summer camp. The Oklahoman notes that, via a team source, “Brailford’s availability for the opener depends on how quickly he heals and strengthens the shoulder.”

OU opens the 2017 season against Tulsa Sept. 2, although that game could be moved to Aug. 31.

A three-star 2014 signee, Brailford took a redshirt his true freshman season after suffering a fractured tibia. After playing in 10 games the following season, he missed all of 2016 because of a stress fracture in his foot.

He’s already received a medical hardship waiver for one of those seasons.

Alabama QB Jalen Hurts uses photo of Clemson celebrating title win as motivational phone background

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Nick Saban said last week that the loss to Clemson in the the national championship game earlier this year is one that he’ll never get over, although he didn’t go so far as to compare it to a death in the family. One playing member of Saban’s Alabama Crimson Tide team is taking to steps to ensure that he never forgets, either.

Jalen Hurts was the Tide’s talented true freshman starting quarterback who helped lead ‘Bama into the title game and, with a 30-yard touchdown run with just over two minutes left, gave his team a 31-28 lead. That lead was short-lived, however, as Deshaun Watson led his Tigers on an epic 88-yard drive that was capped by his two-yard touchdown pass with just one tick left on the clock for the 35-31 win.

The stunning last-second loss is something that Hurts makes a conscious effort to remind himself of daily as the rising sophomore, as the background on his smartphone, has a picture of Clemson players celebrating their win.

“We’re obviously all on our phones all the time,” Hurts said according to al.com after this past weekend’s spring game. “Every time I unlock it, it’s kind of a reminder. It kind of humbles me and keeps me motivated. …

“It’s not a grudge at all. It’s just something that keeps it on the back of your shoulder like, yeah, it’s still there. Remember why you’re doing it because at the end of the day, the goal for this team is to win the national championship.

Father of former Florida State WR Travis Rudolph killed in accidental shooting

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The father of Florida State wide receiver Travis Rudolph was killed Friday in an accidental shooting, the Palm Beach County Sheriff’s Office said in a statement on Monday.

According to the Sheriff’s Office, Darryl Rudolph was working on repairs inside a West Palm Beach, Fla., when a gun accidentally fired in an adjacent room, hitting him in the back/neck area. He was transported to a local hospital, where he was pronounced dead at 55 years old.

The younger Rudolph was Florida State’s leading receiver over the past two seasons before becoming an early-entrant into this week’s NFL Draft. He gained viral notoriety after a photo snapped of him sitting at lunch with an autistic elementary school student hit Facebook.

“When I used to coach and help other kids with football, basketball and sports, Travis was small but he used to pay attention to what I was doing,” the elder Rudolph said in an interview with ESPN last year. “I told them get your education. You can be the best athlete in the world, but without an education, you’re not going very far. That’s what Travis followed through on.”

LSU QB Danny Etling undergoes back surgery

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LSU quarterback Danny Etling has undergone surgery to relieve back pain, the program announced Monday.

“Danny had a minor back procedure this morning and everything went alright,” head coach Ed Orgeron said in a statement (and not in an Arrested Development way).

Etling has played through back pain for months, according to Ross Dellenger from The Advocate, and this procedure should remove that pain.

In a possibly related story, Etling went 4-of-11 for 53 yards in LSU’s spring game.

A transfer from Purdue, Etling appeared in 11 games for the Tigers last season, completing 160-of-269 passes (59.5 percent) for 2,123 yards (7.9 yards per attempt) with 11 touchdowns against five interceptions.

Etling’s recovery from Monday’s procedure is expected to be a short one.