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.

Father of USC freshman WR is dubbed “the Lavar Ball of college football”

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The basketball world got to know LaVar Ball quite well the last few years. If there is a college football of that on the horizon, the LA Times seems to think they found him.

John Brown, the father of USC Class of 2018 wide receiver Amon-Ra St. Brown, has drawn comparisons to LaVar Ball for a variety of reasons that include the demand and vision for excellence in professional sports for his son. St. Brown was a five-star recruit for the Trojans in the most recent recruiting cycle, according to his Rivals profile. He was also ranked as the top recruit in the state of California and the top wide receiver in the nation. That alone brings reason to expect big results for St. Brown at USC.

The genes are certainly running in the family. John Brown is a former championship body builder. St. Brown’s oldest brother is former Notre Dame wide receiver Equanimeous St. Brown. Osiris St. Brown, the middle son in the family, will be a redshirt freshman this fall at Stanford. With so much talent in the family, John Brown may be tapping into his inner Lavar Ball by suggesting Amon-ra could play in the NFL right now.

This is, of course, a ridiculous thought considering that even the most talented college freshman still have a long way to go to be ready to compete at the high level the NFL demands. But where Brown differs from Ball is he expects his sons to have to earn any accolades that may come their way.

“I’m going to request [USC head coach Clay Helton] put his butt at the bottom of the charts and see what he’s made of,” John said in a featured story published by the LA Times this week. “Make him fight. Sharpen the knife.”

John even goes so far to suggest Amon-ra has his eyes on making some unprecedented (and likely impossible) college football history.

“He’s serious about everything,” John says.

Ask Amon-ra what his goals are for his first year with the Trojans. With an unblinking, straight stare he will tell you, “I want to win the Heisman. All three years.”

All three years, eh? Putting aside the prediction that Brown is already predicting his son is jumping to the NFL after his junior season (an idea that is not at all far-fetched if St. Brown plays out the way recruiting experts and USC expect he will), we have to smile at the historic bar Brown is setting for his son.

Only one player has ever won the Heisman Trophy twice (Ohio State’s Archie Griffin in 1974 and 1975). It is also worth noting the last wide receiver to win the Heisman Trophy was Michigan’s Desmond Howard in 1991. Tim Brown of Notre Dame (1987) and Johnny Rodgers of Nebraska (1972) are the only other receivers to win the award since the Heisman Trophy was first presented in 1935. This may not go down in the history books alongside Beano Cook predicting two Heisman Trophy awards for former Notre Dame quarterback Ron Powlus (which never came close to happening, of course), but that does set the bar high for Amon-ra’s personal goals.

Brown may lay the foundation for athletic success for his sons, but fortunately for the college football world, he seems to be far more tolerable than LaVar Ball.

Jim Harbaugh invites Chris Webber to be honorary captain; Webber accepts

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Former Michigan basketball star Chris Webber wasted no time accepting an invitation from Wolverines head coach Jim Harbaugh to be an honorary captain. During a radio interview on Friday, Harbaugh extended the invite to Webber and Webber quickly accepted.

“I definitely am honored,” Webber said to Harbaugh on Friday during a segment on WTKA (as quoted and reported by The Detroit News). “As you know, and getting to speak to you over the years, I love what you’ve done with the program. Good luck, and yeah, I’m definitely going to be a part of it.”

Webber was an in-studio guest on the radio station Friday. Harbaugh reportedly called in specifically to extend the invitation to Webber during a radio marathon event. For Harbaugh, this is once again striking at an opportunity to generate some buzz for the football program, but including Webber in such a role is worth noting. Webber was required to have a 10-year separation from the University of Michigan due to his connection to a booster scandal associated with the basketball program. Webber continues to rebuild his relationship with the school and other members of Michigan’s famed Fab Five.

What game Webber will attend as an honorary captain will be decided at a later time.

Texas A&M bride trolls LSU fiancé with groom’s cake

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The tradition of the groom’s cake shaped like a football stadium is nothing new, but one bride-to-be had a little more fun with her groom’s cake planning than others we have seen through the years.

The groom’s cake for an LSU fan is a nice replica of LSU’s Tiger Stadium (for a cake, of course), but this Texas A&M bride made sure to include Aggie representation in a visiting fan’s section. But that’s not all. A closer look at the scoreboard even reveals the score to be in favor of Texas A&M, 42-28. I had to zoom the image pretty far just to confirm myself, but I was able to make out the 42 under the Texas A&M side of the scoreboard. I’ll trust ESPN’s Darren Rovell on the other half of the score.

Of course, this may be the only way the bride can get the upper hand in this football series. LSU has won seven straight meetings in the series dating back to the 2011 Cotton Bowl just before Texas A&M joined the SEC in 2012. Also, the last time Texas A&M scored over 40 points on LSU was in a 45-7 victory in College Station in 1991.

I just want to know if former Les Miles got a chance to taste test the field portion of the cake.

BYU AD confident in getting home game vs. Notre Dame

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Back in 2010, BYU and Notre Dame agreed to a six-year football contract that was supposed to include a home game for BYU before 2021. With two games already played in South Bend, BYU fans are getting a little curious as to when exactly the Irish will make their trip to Provo, Utah. BYU Athletics Director Tom Holmoe said on Friday during BYU’s football media day he is confident BYU will get that anticipated home game on the schedule.

Holmoe said he continues to have “good discussions” with Notre Dame in hopes of scheduling a future home game against the Irish. As Holmoe put it, the end result for BYU should be “better than a check.” If a game can’t be agreed upon, whether it be a true home game for BYU or a potential neutral site game in an NFL stadium, then Notre Dame will have to buy out of the game. It seems as though Holmoe is determined to not have that be the reality.

The original deal signed between BYU and Notre Dame essentially lined up a pair of 2-for-1 arrangements to give Notre Dame two home games for each BYU home game (or a neutral site location in its place). The second half of the agreement has since been wiped out once Notre Dame lined up a scheduling agreement with the ACC to play five ACC opponents each season. Notre Dame also has games against USC, Stanford, and Navy that the school has preferred to keep on the schedule. With the way Notre Dame has organized its schedule, staying faithful to an agreement with BYU was seemingly not a top priority.

Notre Dame’s 2019 schedule is already booked with 12 games including matchups against Louisville, Georgia, USC, Michigan, Virginia Tech, Navy, and Stanford. The 2020 schedule for the Golden Domers is also full with matchups against Arkansas, Wisconsin, and Clemson in the mix. If Notre Dame is going to make room for a game against BYU, it won’t be happening until at least 2021, which currently has one game still to add. Notre Dame will already have one neutral site game that season, with a matchup against Wisconsin in Chicago.