Sue and Joe Paterno

Paterno family files appeal against NCAA for PSU sanctions


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, 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.


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?


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.

Report: Baylor regents say Art Briles failed to report alleged assaults

WACO, TX - SEPTEMBER 26:  Head coach Art Briles of the Baylor Bears leads his team against the Rice Owls at McLane Stadium on September 26, 2015 in Waco, Texas.  (Photo by Tom Pennington/Getty Images)
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Baylor’s ongoing scandal involving sexual assaults at the school took yet another turn for the worse on Friday.

In a report from The Wall Street Journal, school regents told the paper that 17 women reported sexual or domestic assaults in alleged incidents involving 19 football players since 2011. The regents, which went on the record to discuss some of the detailed findings from law firm Pepper Hamilton’s in-depth report into the matter for the first time, also said there were four alleged gang rapes involving players in the same time frame.

Former head coach Art Briles was fired by the school as the result of the Pepper Hamilton investigation but has maintained that while he made mistakes, he tried to do the best he could in his position. However the WSJ report disputes that notion by saying that Briles did not notify police, the school’s judicial affairs or Title IX offices of at least one alleged gang rape involving another Bears athlete after being notified of the allegation.

“There was a cultural issue there that was putting winning football games above everything else, including our values,” said J. Cary Gray, a lawyer and member of the Baylor board of regents. “(Briles) said, ‘I delegated down, and I know I shouldn’t have. And I had a system where I was the last to know, and I should have been the first to know.’”

Briles’ lawyer told the paper that the comments appeared to violate a non-disparagement section of the school’s termination agreement with the coach. Briles, athletic director Ian McCaw and university president Ken Starr all resigned or were fired over the summer as the result of their handling of the matter.

With numerous lawsuits already filled and plenty more likely to come up, it figures to be some time before Baylor can move on and put this scandal behind them. On the field, the Bears travel to face Texas on Saturday after starting this season 6-0 under interim head coach Jim Grobe.

Florida RB Mark Thompson cited for pot possession

GAINESVILLE, FL - OCTOBER 15:  Mark Thompson #24 of the Florida Gators rushes for yardage during the game against the Missouri Tigers at Ben Hill Griffin Stadium on October 15, 2016 in Gainesville, Florida.  (Photo by Sam Greenwood/Getty Images)
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And now we know a little bit more of the rest of the story.

Friday afternoon, Florida announced that Mark Thompson would not travel with the rest of the team to Jacksonville for Saturday’s game against Georgia.  The only reason given was “some choices and decisions he’s made.”

According to the Orlando Sentinel, one of those choices was smoking weed, with that decision resulting in a citation for possession of marijuana.  The citation was issued after the running back ran a stop sign very early Thursday morning and was pulled over by a university police officer.

From the Sentinel:

UFPD spokesperson Maj. Brad Barber said the officer smelled the odor of marijuana in the car and after a search discovered Thompson in possession of fewer than 20 grams of the substance.

Thompson was given a notice to appear for the misdemeanor violation and also cited for failure to stop at a stop sign and failure to provide proof of insurance.

Thompson, a 6-2, 237-pound redshirt junior, is currently third on the Gators in rushing yards (262) and second in rushing touchdowns (two). This is the back’s first season in Gainesville after transferring in from the junior college ranks earlier this year.

Nebraska WR Jordan Westerkamp set to return after two-game absence

LINCOLN, NE - SEPTEMBER 10: Wide receiver Jordan Westerkamp #1 of the Nebraska Cornhuskers grabs a touchdown pass against linebacker D.J. May #7 of the Wyoming Cowboys at Memorial Stadium on September 10, 2016 in Lincoln, Nebraska. Nebraska defeated Wyoming 52-14. (Photo by Steven Branscombe/Getty Images)
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When undefeated and seventh-ranked Nebraska takes the field for its biggest game of the 2016 season thus far, it’ll do so with one of the most experienced and productive pieces of its passing game back in action.

Jordan Westerkamp sustained an injury to his back during the Week 5 win over Illinois, and was briefly hospitalized after being hit by an Illini defender. The wide receiver missed the Week 7 win over Indiana and the Purdue win the following Saturday because of the injury.

This week, however, Westerkamp practiced without any type of restrictions ahead of the Week 9 game against No. 11 Wisconsin in Madison. Westerkamp, who stated his injuries included tiny fractures on the transverse process in his spine as well as what was described as a deep muscle bruise, confirmed the obvious, that he will suit up for the Cornhuskers and play against the Badgers in the huge Big Ten West matchup.

“It’s been good,” Westerkamp said, by way of the Omaha World-Herald, of his return to practice. “My confidence is at an all-time high and we’re ready to go get back with the team and kick butt this Saturday.”

At the time of the injury, Westerkamp led the Cornhuskers in receiving touchdowns (four) and tied for the team lead in receptions (13). His 228 receiving yards were second behind Alonzo Moore‘s 310.
Last season, Westerkamp led the ‘Huskers in all three of those categories.

‘Due to some choices and decisions he’s made,’ Florida RB Mark Thompson won’t play vs. UGA

GAINESVILLE, FL - SEPTEMBER 17: Mark Thompson #24 of the Florida Gators in action during the second half of the game against the North Texas Mean Green at Ben Hill Griffin Stadium on September 17, 2016 in Gainesville, Florida. (Photo by Rob Foldy/Getty Images)
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Sounding very similar to a disappointed parent, Florida has announced that one of their kids will be in timeout instead of on the field this weekend.

Ahead of Saturday’s annual rivalry game with Georgia, Florida announced via Twitter that running back Mark Thompson not only won’t play this Saturday but won’t even make the trip to Jacksonville for The World’s Largest Outdoor Cocktail Party.  Why? “[D]ue to some choices and decisions he’s made.”

The school, obviously, will not go into any further details as to the issue or issues that will sideline the player.

Thompson, a 6-2, 237-pound redshirt junior, is currently third on the Gators in rushing yards (262) and second in rushing touchdowns (two). This is the back’s first season in Gainesville after transferring in from the junior college ranks earlier this year.