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.

Chip Kelly says he never met to discuss USC vacancy

Chip Kelly

Whether you chose to believe him or not, at least Philadelphia Eagles head coach Chip Kelly is officially on the record. During his regularly scheduled Monday press conference in Philadelphia, Kelly said he never met with anybody to discuss the previously vacant head coaching position at USC.

Alright then. So at least that’s that. (But what about his agent?)

USC filled the head coaching position this morning by officially announcing Clay Helton will remain the head coach after serving as the interim head coach following the dismissal of Steve Sarkisian earlier this season. Kelly, the former head coach at Oregon, has had his name attached to multiple coaching rumors at the college level since he left for the NFL, including Texas and Florida before this position at USC opened. Kelly has stood firm on his public statements about not having any interest in a college job, but that never seems to silence the fun hypothetical discussions about his probable eventual return to college football.

Houston and Tom Herman have agreement in principle on new contract

UH Coach Tom Herman
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As the coaching carousel continues to spin, it seems Tom Herman will rest comfortably in Houston for at least one more season. Herman reportedly has an agreement in principle on a new contract to remain the head coach of the Houston Cougars.

We’ve agreed in principle is the best way to put it,” Herman said Monday during a press conference. “We’re working out the details.”

It was previously reported Houston had approved a significant pay raise for the first-year head coach, going up to $3 million with the reworked contract and making it a financial incentive to stay put as job offers flowed in. The push to make Herman the highest-paid coach in the Group of Five, passing Cincinnati’s Tommy Tuberville ($2.2 million). With a solid foundation for future success, at least in the American Athletic Conference and Group of Five picture, Houston’s financial commitment to Herman is a sign the program is ready and able to work as close to a power conference program as possible.

Herman’s name will continue to be one to watch in future coaching rumors, and in this world we should never say never to the possibility of Herman still being in play for a job elsewhere in this cycle of coaching changes. If Herman and Houston continue to win games, there is no question his stock will remain a valued commodity for power conference programs in the years to come.

Herman and Houston will host Temple this Saturday afternoon in the first American Athletic Conference championship game. The winner will be a lock for receiving the New Years Six bowl spot reserved for the highest-ranked Group of Five conference champion. Houston vs. Ohio State (Herman vs. Urban Meyer) is a real possibility in one of the New Years Six bowl games.

Not everybody seems happy about USC’s hiring of Clay Helton

Clay Helton

If there is one thing that can be said about USC hiring Clay Helton as head coach on a permanent basis, it is that it provides stability for the program moving forward. Current players have responded well to Helton. Future Trojans players are responding well to Helton on the recruiting trail. Former USC players? Well, that’s a different situation.

We saw some of this at Miami in recent years with former Hurricanes ripping now former head coach Al Golden. That was a bit of a different situation with Golden being a coach that went against the grain of all that was perceived to be representative of The U. Helton is different because he has been loyal to the program as an assistant coach during a turbulent time. He at least deserves respect of those following and those who have played for USC for that alone. The problem is Helton lacks the kind of appeal most wearing USC lenses expect from their coaching hire and it seems more likely to believe athletics director Pat Haden settled for Helton instead of being able to expand the coaching search and bring in a high-quality coach for the job.

There is one way to swing the emotions the other way for those unhappy with the decision. If USC beats Stanford to win the Pac-12 championship this week, that would be one step in the right direction for the Helton haters and the Haden skeptics (myself included). The pressure will be on more next season regardless of what happens this week in the Pac-12 championship game and whatever bowl game USC ends up playing. USC will be loaded with talent and will be a trendy pick to make a run in the Pac-12 and, perhaps, even the College Football Playoff.

USC names Clay Helton permanent head coach

Clay Helton

The top coaching vacancy in college football has been filled. USC has announced it will remove the interim tag from Clay Helton and make him the permanent head coach moving forward.

Helton has gone 5-2 since taking over the program following the dismissal of Steve Sarkisian as head coach. The most recent win this weekend against UCLA both snapped a three-game losing streak to the crosstown rival Bruins and clinched USC’s first trip to the Pac-12 championship game as Pac-12 South Division champions. Helton has been with the USC program since 2010 under various assistant roles. He was promoted to offensive coordinator in 2013 and named interim head coach that season following the firing of Lane Kiffin. He stayed on the staff following the hiring of Sarkisian from Washington.

Helton had become a clear player favorite in the program, as Helton calmed a troublesome environment of uncertainty in the middle fo the season and delivered a division championship. The only losses under Helton came on the road against Notre Dame in Helton’s first game as interim head coach and more recently at Oregon, a program that revived itself as well. If nothing else, Helton’s being named the head coach provides for some stability for the program, although there should be some questions moving forward whether it will be the right move or not in the long term. The USC job was thought to be the top job on the market and worthy of some high-caliber candidates. There had been rumblings USC reached out to Philadelphia Eagles coach Chip Kelly, a former Oregon coach of course, but the odds Kelly was going to leave the Eagles on his own a year after getting general manager power were always low.

USC will continue to bring plenty of pressure to win, and win big. Helton will continue to guide a roster packed with talent and getting back to full strength after a stretch of sanctioned seasons. If Helton does not win, he will quickly enter the hot seat conversation.

USC plays Stanford for the Pac-12 championship this week.