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: Myles Jack leaves UCLA, will enter NFL Draft

Myles Jack
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Well here’s a bit of a shocker for you this morning. UCLA running back Myles Jack has reportedly withdrawn from UCLA and will prepare to enter the NFL Draft in 2016. The news was first reported, via Twitter, by Pete Thamel of Sports Illustrated.

Jack has played linebacker and fullback for the Bruins, and his decision to turn pro now comes off feeling a bit strange. Head coach Jim Mora certainly questions the decision by Jack.

“I think it’s very risky to do this. There’s a lot of speculation to ….where he fits,” Mora explained, via Thamel. “I’ve been in 25 Draft rooms. I’ve never seen a guys taken off (two games of junior tape)… Myles’ talent is without question. I hope he’s put enough out there where they can get a true evaluation.”

Jack suffered a season-ending knee injury last month in a practice. The injury led USC Athletics Director Pat Haden to send him a letter wishing him well in a sign of good sportsmanship between conference and crosstown rivals. Perhaps the season-ending injury led Jack to consider the consequences of returning in 2016 in a UCLA uniform, with players not being compensated for their play. The question then becomes if Jack is a good enough talent to go in round one, or even round two, considering the latest injury situation for him.

Well, here is the instant opinion of our friend Josh Norris of Rotoworld and an NFL Draft analyst…

Jack was a two-time second team All-Pac-12 selection and Pac-12 Defensive and Offensive Freshman of the Year in 2013.

Hokies QB Brewer a gametime decision, but RB Williams out for the year

Michael Brewer
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Virginia Tech has been playing just about the whole season without starting quarterback Michael Brewer after the Hokies signal-caller broke his collarbone in the first game of the season. Now, Brewer is on his way back to the field. Brewer has been medically cleared to return to practice in Blacksburg. It may still be another few weeks until he gets back in a game for Virginia Tech.

Brewer broke his collarbone in Virginia Tech’s season-opening loss to Ohio State. Once he left the game, it seemed the Hokies were unable to give the defending national champions much of a fight for a second straight season. He was originally expected to miss eight to 10 weeks of action, which would have meant a return for a Halloween game against Boston College as the earliest likely date. Virginia Tech has a bye week after the Boston College game, meaning Brewer could then be available for a Thursday night division game against Georgia Tech on November 12. Considering all of that, the chance Brewer might be available to play this Friday night against N.C. State is quite a pleasant surprise for a Virginia Tech team in need of some help after dropping to 2-3 after a second straight loss last weekend. Andy Bitter of The Roanoke Times says Brewer could be a gametime decision for Frank Beamer.

The outlook is not quite as possible for Hokies running back Marshawn Williams. Williams will be out for the rest of the season after reinjuring his left knee in practice in late September. It is the same knee that was surgically repaired last December. Williams can use this season as his redshirt season as he has not played in a game this season. He will still have three years of eligibility remaining when he returns to the team next fall.