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.

Gophers’ leading sacker ruled out of game vs. Nittany Lions

MINNEAPOLIS, MN - SEPTEMBER 01: Tai'yon Devers #92 of the Minnesota Golden Gophers forces a fumble on Darell Garretson #10 of the Oregon State Beavers in the first quarter at TCF Bank Stadium on September 1, 2016 in Minneapolis, Minnesota. The Gophers recovered the fumble setting up a touchdown.(Photo by Adam Bettcher/Getty Images)
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With injuries decimating its own linebacking corps, Penn State may have caught a break on the other side of the ball.

With the Week 5 game against Minnesota still three days away, the Gophers have already announced that Tai’yon Devers has been ruled out against the Nittany Lions.  Devers is dealing with an ankle injury that will sideline the freshman through at least this coming Saturday.

The defensive end currently leads the Gophers in sacks with three, including one in last week’s game against Colorado State.  That one proved to be an absolute smothering of the Rams’ unfortunate quarterback.

In addition to the sacks, Devers also leads the Gophers with three forced fumbles in three games.  According to head coach Tracy Claeys, Dever being more aware of his on-field surroundings could’ve allowed him to add to those totals this weekend.

From the St. Paul Pioneer-Press:

The Rams tried to cut Devers, who has wreaked havoc off the edge.

“He has to learn to protect himself,” Claeys said. “He’s going to see that a little more.”

Ex-LSU AD repeats claim Les Miles turned down Michigan, more money in 2011

BATON ROUGE, LA - OCTOBER 03:  Head coach Les Miles of the LSU Tigers leads the team on to the field at Tiger Stadium on October 3, 2015 in Baton Rouge, Louisiana.  (Photo by Chris Graythen/Getty Images)
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One of the biggest open secrets in all of college football has been confirmed (?) by a person who purportedly had a front-row seat to the spectacle.

Shortly after Rich Rodriguez was fired following the 2010 season, Michigan put on the full-court press to land Les Miles as his replacement.  It was known at the time that then-UM athletic director David Brandon and other school officials flew down to Baton Rouge to meet with Miles, who played his football for the Wolverines in the mid-seventies and was an assistant at his alma mater a decade later.

The open secret many still swear by?  That on that trip south Brandon had offered the job, along with a significant raise to what he was making at LSU, to Miles, who ultimately decided to turn it down and stay with the Tigers.

During a radio interview Wednesday, Skip Bertman, LSU athletic director from 2001-2008, confirmed that version of events

“Les Miles turned that job down for more money at Michigan. He turned it down,” Bertman told the ESPN Radio affiliate in Baton Rouge. “He would never say that because he’s a very humble guy. But I was there; he turned it down.”

Renowned Michigan historian John Bacon, however, disputes not only the 2011 claim, but the 2007 claim by Kirk Herbstreit and one made in 2014 as well.

The football program hired Rodriguez in 2007 and Brady Hoke in 2011, then stuck with Hoke through a rough 2014 season that had Miles-to-Ann Arbor speculation flying yet again. Ultimately, though, the university finally landed its Michigan Man in Jim Harbaugh.  I’m thinking that’s working out just fine for the program, regardless of how exactly things transpired with Miles in the past.

Big Ten to use commemorative coin to honor Sam Foltz, Mike Sandler

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Tributes to Nebraska punter Sam Foltz and former Michigan State punter Mike Sadler have seemingly been a weekly occurrence across college football the first four weeks of the season, and the players’ conference will get on board in Week 5.

A commemorative coin will be used to honor both Foltz and Sadler at all seven Big Ten games this weekend, the league announced Wednesday.  As this is the first full weekend of conference action, the coins, with Foltz on one side and Sadler on the other, will be used for the coin flip prior to each league matchup.

The Cornhuskers have decided to use the coins for the remainder of the season.

Folks and Sadler were killed in a July car accident on their way home from a kick camp in Wisconsin. LSU kicker Colby Delahoussaye was injured in the wreck, but is kicking this season for the Tigers and honoring both by wearing special cleats.

Below are the coins that will be used, courtesy of the Big Ten:

sam-foltz

mike-sadler

Nick Saban would ‘love’ for Blake Barnett to stay at Alabama

ARLINGTON, TX - SEPTEMBER 05:  Blake Barnett #6 of the Alabama Crimson Tide throws before the Advocare Classic against the Wisconsin Badgers at AT&T Stadium on September 5, 2015 in Arlington, Texas.  (Photo by Ronald Martinez/Getty Images)
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At least from Alabama’s side of it, the door’s not completely shut on Blake Barnett‘s future being in Tuscaloosa.

Earlier Wednesday, a report surfaced that Barnett had decided to leave the football program and transfer out.  In meeting with the media a short time later, Nick Saban confirmed that Barnett had “expressed some concern about his future” at a meeting earlier in the day.

The head coach said he “didn’t know” when asked if Barnett, who lost the starting quarterback job to true freshman Jalen Hurts earlier this year, was still a part of the team, although he made it clear that the redshirt freshman was still welcome in the locker room if he changes his mind.

“Blake is a fine young man,” Saban said. “He’s done a great job with his program, and we’d love to see him be a part of the program in the future, but we also want him to do what’s best for him.”

Barnett, who started the opener against USC but held on to the job for just tw series, was a five-star 2015 recruit who 247Sports.com rated as the No. 2 pro-style quarterback in the country.  The California high school product originally committed to Notre Dame in November of 2013 before decommitting from the Irish in June of the following year.