The NCAA will not be able to force the $60 million fine money being paid by Penn State to be divided outside of the Commonwealth of Pennsylvania. A federal judge ruled Tuesday against the NCAA‘s insistence the 2013 Endowment Act should be declared a violation of federal constitution.
U.S. Middle District Judge Yvette Kane made the ruling basing her decision on the constitutionality of the law has already been upheld in a previous case between Pennsylvania state Treasurer Rob McCord and Senate Majority Leader Jake Corman against the NCAA and Penn State .
“A judgment on the constitutional claims from this court, at this juncture, would unnecessarily interfere with state court proceedings and result in needless duplication,” the judge wrote in a statement.
Earlier this week it was reported state officials, Penn State and the NCAA were discussing the possibility of revising the terms of the sanctions levied against the university in the summer of 2012. Following the release of the Freeh Report -- an independent investigation into the handling of the crimes Jerry Sandusky by Penn State officials paid for by the school and authored by former FBI director Louis Freeh -- the NCAA slammed Penn State with four years of a postseason ban, the significant reduction of scholarships, the vacating of 112 wins (111 belonging to Joe Paterno) and a $60 million fine to be paid over five years aimed at helping to raise awareness of child and sexual abuse.
The NCAA has already restored Penn State’s scholarship total and lifted the final two season of the postseason ban, which allowed Penn State to participate in the Pinstripe Bowl in 2014.