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.

Western Kentucky gets Brian Brohm’s coaching career started

Winnipeg Blue Bombers' quarterback Brian Brohm runs in a touchdown during second half CFL football action in against the Saskatchewan Roughriders in Regina, Saskatchewan on Sunday, Sept. 6, 2015. (Mark Taylor/The Canadian Press via AP) MANDATORY CREDIT
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Louisville legend Brian Brohm is heading back to Kentucky. Western Kentucky has added the former Cardinals quarterback to the coaching staff, the school announced Monday. Brohm will take on the role of quarterbacks coach with the Hilltoppers, his first coaching job. Of course, WKU head coach Jeff Brohm is the older brother to the new assistant coach. WKU Director of Football Operations Greg Brohm is also one of Brian Brohm’s older brothers.

Brian Brohm is now one of three former college quarterbacks on the staff for Western Kentucky. Both Brohm brothers on the coaching staff have quarterback experience, as does Bryan Ellis, who is being moved from coaching running backs to wide receivers.

Brohm was a former Conference USA Player of the Year in 2005 and Orange Bowl MVP in 2007 with Louisville. He later was a second-round NFL draft pick of the Green Bay Packers but the Packers had Aaron Rodger in place, so Brohm ended up on the practice squad. The Buffalo Bills signed Brohm in 2009 and he entered free agency at the end of the season. That took Brohm to the one-year experiment that was the United Football League with the Las Vegas Locomotives. Brohm then spent the past three seasons in the CFL with the Hamilton Tiger-Cats and Winnipeg Blue Bombers. Before getting to Louisville, Brohm was a three-time state champion at Trinity High School in Louisville, earning MVP honors in all three games. It goes without saying Brohm is a big name in the state of Louisville.

Perhaps returning home to his roots will be refreshing.

Steve Spurrier takes on role of ambassador with Gamecocks

South Carolina coach Steve Spurrier gestures during a news conference Friday, Dec. 26, 2014, in Shreveport, La. The Gamecocks face Miami in the Independence Bowl NCAA college football game on Saturday. (AP Photo/Rogelio V. Solis)
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You just knew it was going to be tough for Steve Spurrier to step away entirely from college football. Though he may no longer be calling the shots on the sideline with his signature visor, Spurrier will continue to be a face of South Carolina as he takes on an ambassador role.

Spurrier will be a special assistant for South Carolina president Harris Pastides and athletic director Ray Tanner, but his responsibilities in assisting the school’s leaders will extend far beyond simply getting coffee and making a quick run to Staples for office supplies. Spurrier will be used as a resource for his opinions when needed and he will continue to spread the word about South Carolina at any opportunity that presents itself. If that means playing a round of golf with some potential big donors, you know Spurrier will oblige to fulfill his duties.

Spurrier retired from coaching in early October 2015. Spurrier’s contract had a clause that allowed him to take on an ambassador’s role with the university if he chose to take advantage of it. Spurrier did not immediately jump on that option but is now reportedly settling in.

Virginia and Old Dominion set for future 3-game set

Virginia fans cheer on the Cavaliers after they scored a fourth quarter touchdown against Georgia State in an NCAA college football game Saturday, Oct. 26, 2013, at Scott Stadium in Charlottesville, Va. (AP Photo/The Daily Progress, Ryan M. Kelly)
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Old Dominion’s push to add nearby ACC programs to its schedule continues with the addition of a three-game set with Virginia. The two schools announced a three-game scheduling agreement that will see Virginia get two home games and play one game at Old Dominion.

Virginia will host Conference USA’s Old Dominion on November 17, 2018 and again on September 17, 2022. Old Dominion will welcome Virginia to Norfolk on November 21, 2020. According to The Virginian Pilot, Virginia will pay Old Dominion $400,000 per home game (Old Dominion will not pay Virginia for its home game).

Old Dominion has done a solid job of locking up contracts with multiple ACC opponents for years to come. The Monarchs visit NC State this fall in the second half of a home-and-home deal. Old Dominion has a home-and-home deal with North Carolina kicking off in 2017 and concluding in 2020. In between is a home-and-home deal with Virginia Tech as part of a long-term scheduling agreement. Wake Forest is also added for a home-and-home series in 2019 and 2020 (which means three ACC opponents for Old Dominion in 2020).

Old Dominion has tried sticking to straight home-and-home deals but the financial strain that leads to inevitably took a toll and influenced the decision to concede a home game against Virginia. Part of that appears to be the expected reduction in television revenue coming for Conference USA. Per The Virginian Pilot;

Conference USA officials recently learned that new TV contracts that go into effect in July will reduce the league’s revenue by about $500,000 per school per year. In addition, ODU is set to begin paying athletes stipends in August that are part of the so-called full cost of attendance. The stipends, which pay for cell phones, entertainment and travel not included in scholarships, will cost ODU about $800,000 per year.

With that in mind, it might not be a shock to see Old Dominion’s next scheduling agreement with a power conference opponent come with an extra road game as well.

Temple trustees vote to pursue new on-campus football stadium

Students, such as Casey Dougherty, rally outside a meeting of Temple University's Finance Committee on Tuesday, Dec. 8, 2015, in Philadelphia. Temple University is pumping the brakes on plans to study building a $100 million football stadium on its north Philadelphia campus. (Charles Fox/The Philadelphia Inquirer via AP)  PHIX OUT; TV OUT; MAGS OUT; NEWARK OUT; MANDATORY CREDIT
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With a loud protest taking place just outside, Temple’s board of trustees voted unanimously in favor of pursuing a new football stadium for the Owls program. A study to review potential stadium options could cost the school up to, but not exceeding, $1 million.

The latest plans for a new football stadium would have a proposed 35,000-seat stadium costing up to $126 million placed on Temple’s campus, thus eliminating the need to rent out space in Lincoln Financial Field. Temple’s football program has called The Linc home since the doors opened in 2003. Temple has not played its home games on its campus since leaving Temple Stadium in 1977, at which point it moved its home games to Veterans Stadium in Philadelphia’s sports complex. The vote to pursue a new stadium today is a giant step forward for Temple and the football program and perhaps a long time coming, but it is not one without its share of controversy.

The talks of a new football stadium at Temple have gone on for years, but are now finally seeming to take some steps forward despite a vocal objection from many around Temple’s campus and the Philadelphia community. Protests and demonstrations were planned as the board reviewed the next steps in a new stadium, which is still not a certainty for the university at this point. Among those voicing their opinions on Monday afternoon were students, Philadelphia citizens and more concerned about what a stadium dropped in the middle of North Philadelphia might mean for the community. Given the lackluster impact and results seen at similar campuses, there is legitimate reason for some concern at Temple, which is just now experiencing a new high in football success.

This is just one step out of many that needs to happen in order for Temple to construct a new football stadium. Approval from the city to build such a facility would have to be given, and that is no guarantee.