2013 will not be a year for turning corners in the aftermath of the Jerry Sandusky Scandal and Penn State.
Sports Illustrated‘s Pete Thamel reported Tuesday morning that the Commonwealth of Pennsylvania is planning to file a lawsuit against the NCAA to challenge the sanctions levied against Penn State over the summer in the wake of the Freeh Report. According to Thamel, Penn State is not involved in preparing the suit. An announcement was later confirmed for Wednesday, but no one fromPSU or the NCAA has commented on the matter.
Governor Tom Corbett (pictured) was Attorney General for Pennsylvania when his office began the investigation into allegations that Sandusky, a longtime Penn State assistant football coach, had sexually abused young boys. His role in the greater scope of the scandal has come under scrutiny as well, specifically for approving a $3 million grant for the Second Mile, Sandusky’s charity which he used as an avenue to meet his victims.
The news comes one day after Philadelphia Inquirer reported that there was a strong disagreement between Pennsylvania lawmakers and the NCAA over how Penn State’s $60 million fine, which was part of NCAA President Mark Emmert’s sanctions, should be spent.“If you spend all of that money in Pennsylvania, it will have a much stronger impact,” said State Sen. Jake Corman (R., Centre) “Spread it out nationally, and you’re spreading resources so thin that you’re watering down what impact you can have.”
Last week, Corman announced plans to introduce a bill that would require the NCAA to spend all of the endowment money within Pennsylvania’s borders and threatened to sue to bar the association from doling out money until the state legislature has a chance to consider his proposal.
Judging by SI’s report, the NCAA apparently didn’t get around to it. The NCAA established a “task force” last September to determine where the money -- Penn State already wrote a $12 million check as part of its five-year schedule for the fine -- should be sent.
“The NCAA has determined that at least one-quarter of the annual disbursements from the endowment will be reserved for Pennsylvania organizations,” said a Penn State release. “However, recognizing that child sexual abuse is a national issue, the NCAA has determined that grants from the endowment will be available in other states as well. Penn State appreciates the commitments of the task force on this important endeavor that will help countless victims of child sexual abuse.”
SI’s report also states it’s “unclear if the suit will seek to overturn or reduce the NCAA’s historic penalties against Penn State.” What power the commonwealth would have to assert itself over the NCAA is foggy since the specifics of the reported lawsuit aren’t known.
The NCAA’s dilemma from the moment the Sandusky scandal broke in November, 2011, was how it could get involved, if it could at all. The Association has no authority over state or federal investigations and the alleged cover-up of Sandusky’s pedophilia by top PSU admins blurred the line in the eyes of many between a crime of the law and a crime of athletic interest. Shortly after the Sandusky story broke, Penn State hired former FBI director Louis Freeh to lead an investigation into the university’s response to the multiple allegations against Sandusky.
It was that report, released in July of last year, which the NCAA used to grant unprecedented power to Emmert to punish PSU with penalties that included the aforementioned fine, loss of scholarship and a multi-year bowl ban. The NCAA has stated multiple times that those sanctions are not subject to appeal.
However, the NCAA can still be sued for its methods, which have come under fire for bypassing normal investigative protocol How the commonwealth plans to pursue a suit remains to be seen.