PA to file suit against NCAA over Penn State sanctions

58 Comments

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.

Second ex-Baylor football player arrested for 2013 gang rape

Photo by Christian Petersen/Getty Images
Leave a comment

For the second time in as many days, a former Baylor football player has been arrested for his connection to an alleged gang rape in 2013., according to The Dallas Morning NewsMyke Chatman, a former Baylor running back, was arrested Thursday by U.S. Marshals for suspected gang rape of a female Baylor student one day after former Baylor teammate Tre'Von Armstead was arrested and charged for the same incident.

Chatman and Armstead had previously been suspected of rape in 2013 but no charges were dropped at the time after the alleged victim chose not to pursue legal action against the football players. The woman filed charges against Baylor University in January and has since reached a settlement with the university. However, information from the lawsuit led to more information being revealed and shared with the authorities to contribute to ongoing investigations since these issues have been brought back to life in recent years.

Armstead was arrested for the second time this month, with the most recent arrest related to this 2013 incident. Earlier in March, Armstead was arrested for domestic battery, resisting arrest and damaging a police vehicle.

Report: LSU DL Isaiah Washington ruled ineliegible for spring

Photo by Jamie Squire/Getty Images
Leave a comment

Sophomore defensive end Isaiah Washington has been ruled ineligible for the spring practice season at LSU, according to Ross Dellenger of The Advocate.

Washington was a four-star recruit in LSU’s Class of 2015. The New Orleans native appeared in six games for the Tigers as a freshman. Washington did not play in the 2016 season due to a knee injury suffered in the summer. He was slated to be a backup linebacker and defensive end in 2016 prior to the injury. It is expected to be a backup option for LSU’s defensive line with all four starters back this season.

Ex-Baylor player Sam Ukwuachu has sexual assault conviction overturned by appeals court

Jerry Larson/Waco Tribune-Herald via AP
1 Comment

Former Baylor and Boise State football player Sam Ukwuachu has had his conviction for sexual assault overturned, but he is far from free just yet. The 10th Couth of Appeals in Texas overturned a sexual assault conviction on Thursday and is sending the case back to district court for a brand new trial.

The Court of Appeals determined phone evidence used by the prosecution was improperly used and attained.

“In six issues, Ukwuachu complains that the trial court erred by allowing the State to reference the cell phone records of his roommate during its cross-examination of his roommate and his roommate’s friend, that the indictment was defective, that evidence of an extraneous offense was improperly admitted, that his due process rights were violated due to an abuse of the grand jury process by the State, and that text messages between the victim and a friend of hers the night of the alleged offense were improperly excluded,” an elaborate ruling from the Court of Appeals explained. “Because we find that the trial court erred by disallowing the admission of evidence … we reverse the judgment of conviction and remand this proceeding for a new trial.”

“While I respect the 10th Court of Appeals, I disagree with their decision and reasoning in this case,” McLennan County District Attorney Abelk Reyna said upon learning of the appeal decision. “I am extremely confident in the decisions made by our prosecutors and the rulings made by Judge Johnson in the trial of this case.”

Ukwuachu transferred from Boise State to Baylor after being dismissed by the Broncos program in 2013, reportedly following a case of depression in Boise. Boise State denied any knowledge of Ukwuachu’s violence toward women when he was with the program, which was prompted by comments from former Baylor head coach Art Briles. Former Boise State head coach Chris Petersen did claim to have informed Briles of Ukwuachu’s violent past.

Ukwuachu was found guilty and sentenced to 180 days in jail and 10 years probation for rape in August 2015.

The alleged victim of Ukwuachu has already settled a lawsuit with Baylor.

Arkansas state senate votes to revise concealed gun law to prevent guns in football stadiums

Photo by Brian Bahr/Getty Images
1 Comment

One day after Arkansas Governor Asa Hutchinson signed a bill to allow concealed guns to be carried into football stadiums, the state senate voted to make an exemption to block guns on game day.

The house bill that was signed into law by the governor this week would have allowed those with proper training to be allowed to bring a concealed handgun into an otherwise restricted area such as a football stadium. The bill overruled any stadium policies banning weapons as well, but that will no longer be the case.

According to the Associated Press, the Arkansas state senate voted 22-10 in favor of an exemption to the rule that would uphold a weapons ban in football stadiums throughout the state. The law will still allow those with the proper training to carry a concealed handgun on college campuses, in bars and government buildings, but football stadiums are off limits.

The amended bill still must pass through the House of Representatives in Arkansas.