Penn State likely suing NCAA

College Sports 158 replies 6,361 views
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 12, 2012 9:41pm
^^^^ I'll quote from the legal opinion.
The conduct of Penn State and its employees, no matter how egregious, is not a violation of an existing NCAA rule. In fact, according to available information, the NCAA has never interpreted, or issued sanctions under, existing rules to address only criminal violations (or the cover-up of criminal violations). Further, the NCAA has chosen to make criminal activity an NCAA rules-violation in limited circumstances (i.e., Bylaw 10.2 (Knowledge of Use of Banned Drugs) and Bylaw 31.2.3.4 (Banned Drugs))—and the activities described in the report by former FBI director Louis J. Freeh are not addressed in the NCAA Division I Manual.
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WebFire
Posts: 14,779
Aug 12, 2012 9:48pm
HitsRus;1245571 wrote:^^^^ I'll quote from the legal opinion.
Just because it hasn't happened before doesn't mean it can't ever happen. I do not agree you on this. PSU was not punished for Sandusky's crimes. They were punished for the cover up and allowing said crimes to continue in ATHLETIC facilities that AFFECTED THE ATHLETIC DEPARTMENT, and creating an advantage for the PSU football team.

And there absolutely is a place in their rule book that allows for this punishment.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 13, 2012 10:07am
I do not agree you on this
Really,...I couldn't tell;)

I am just putting out an alternate opinion, and trying to make people think beyond the knee jerk, vigilante type thinking that goes on when an unthinkable crime occurs. Everyone wants PSU punished...but this was a crime of a few indidviduals. Everybody wants the NCAA to take action, but as was noted in the 'We were Penn State' article in Sports Illustrated...the author remarked that (sic) 'if this was 5 years ago the NCAA would not have acted and left it up to the civilian authorites'...noting that the NCAA has been stung by recent scandals at OSU and USC and the public demand for them to punish PSU was so great.
Everything about this ruling by the NCAA is a long stretch of its authority. I am not comfortable granting ANY governing body unchallenged authority to go beyond its stated purpose.
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WebFire
Posts: 14,779
Aug 13, 2012 11:38am
HitsRus;1245760 wrote:Really,...I couldn't tell;)

I am just putting out an alternate opinion, and trying to make people think beyond the knee jerk, vigilante type thinking that goes on when an unthinkable crime occurs. Everyone wants PSU punished...but this was a crime of a few indidviduals. Everybody wants the NCAA to take action, but as was noted in the 'We were Penn State' article in Sports Illustrated...the author remarked that (sic) 'if this was 5 years ago the NCAA would not have acted and left it up to the civilian authorites'...noting that the NCAA has been stung by recent scandals at OSU and USC and the public demand for them to punish PSU was so great.
Everything about this ruling by the NCAA is a long stretch of its authority. I am not comfortable granting ANY governing body unchallenged authority to go beyond its stated purpose.
Most rule breakings are just few individuals. I don't see how that factors in.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 13, 2012 2:10pm
Most rule breakings are just few individuals. I don't see how that factors in
I realize that it requires a paridigm shift in your thinking. It just goes back to limiting collateral damage, something the NCAA just doesn't understand in its own self inflated vision of its purpose.
Crimson streak's avatar
Crimson streak
Posts: 9,002
Aug 13, 2012 3:37pm
I don't see how the NCAA has the right to punish penn st. The people responsible are all facing jail time isn't that enough? The people involved are getting there punishment why punish the innocent people in this situation. And how did it give penn st a competitive advantage?
sleeper's avatar
sleeper
Posts: 27,879
Aug 13, 2012 3:46pm
Crimson streak;1245999 wrote:I don't see how the NCAA has the right to punish penn st. The people responsible are all facing jail time isn't that enough? The people involved are getting there punishment why punish the innocent people in this situation. And how did it give penn st a competitive advantage?
It didn't. I'd love to hear how raping a child gives someone an advantage.
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isadore
Posts: 7,762
Aug 13, 2012 5:32pm
hiding it, keeping jerry for a decade, allowed them to recruit people they would not have gotten if one of the more famous figures at linebacker u was arrested as a predatory pedophile.
sleeper's avatar
sleeper
Posts: 27,879
Aug 13, 2012 5:34pm
isadore;1246051 wrote:hiding it, keeping jerry for a decade, allowed them to recruit people they would not have gotten if one of the more famous figures at linebacker u was arrested as a predatory pedophile.
Oh, so less African Americans given the opportunity for a world class education. Gosh a ruddies, might as well go back to slavery as a viable option for people of different skin color.
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isadore
Posts: 7,762
Aug 13, 2012 5:34pm
Penn State trustees back president on NCAA action

http://search.yahoo.com/search;_ylt=Ahpj34Ag4q.Db125lzE_gsybvZx4?p=ohio+chatter&toggle=1&cop=mss&ei=UTF-8&fr=yfp-t-701

they know they got off easy
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WebFire
Posts: 14,779
Aug 13, 2012 7:43pm
sleeper;1246004 wrote:It didn't. I'd love to hear how raping a child gives someone an advantage.
Considering that OSU lost a recruit because of a sex offender who wasn't even staffed by the school, I don't think it's hard to comprehend that a cover up a of a pedophile coach would provide an advantage in recruiting.
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Big Gain
Posts: 2,073
Aug 13, 2012 8:09pm
HitsRus;1245946 wrote:I realize that it requires a paridigm shift in your thinking. It just goes back to limiting collateral damage, something the NCAA just doesn't understand in its own self inflated vision of its purpose.
We all agree that there was a 12 year cover up by AT LEAST some janitors, the head coach, AD, a VP and the President of the University. Why did they perpetrate and perpetuate this cover up all those years? To what advantage?
sleeper's avatar
sleeper
Posts: 27,879
Aug 13, 2012 8:25pm
WebFire;1246107 wrote:Considering that OSU lost a recruit because of a sex offender who wasn't even staffed by the school, I don't think it's hard to comprehend that a cover up a of a pedophile coach would provide an advantage in recruiting.
Can't prove there was a cover up. Nice try though.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 13, 2012 11:01pm
Can anyone produce a former player that would say that they definitely wouldn't have gone to PSU if Sandusky was exposed? Do any former players regret having gone to PSU in the wake of the scandal? Just wondering...it would help make a case for PSU getting some sort of 'on field advantage' for the cover up...because without that the NCAA has absolutely ZERO authority to levy the MASSIVE penalties that it EXTORTED from PSU. Even if a few could be found, does that supposed 'on field advantage' translate into the unprecedented sanctions and fine levied?
sleeper's avatar
sleeper
Posts: 27,879
Aug 13, 2012 11:05pm
I have to agree with HitsRus. What's next? A player gets another girl pregnant and doesn't pay child support and Joe Pa doesn't tell anyone? OMG, think of the children. I hope the NCAA comes down even harder next time because CHILDREN OMG.
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Big Gain
Posts: 2,073
Aug 14, 2012 12:29am
The latest.....AT LEAST one Penn State booster covered up. He and Sandusky abused a young boy an air plane. Undoubtedly Sandusky shared his boys with other boosters. That is never a one time deal, men with perversion LOVE to share, LOVE to tell of their escapades, LOVE to share secrets, LOVE to have pictures or tapes, LOVE to share those.....THEN those Penn State boosters who were so lucky would HAVE to tell others in Happy Valley with the same perversion how good it was....so on....and so on....and so one..... and so forth. I bet the pilot knew. I wonder how many other pilots he told?? Remember when I said their were probably 20,000 "Happy" Valliers who knew and did nothing, adding to the cover up? Getting closer to that number every day.......ALL TO PROTECT AND FOR THE GOOD OF THE FOOTBALL PROGRAM.

And Penn State, Happy Valley, the incestuous population, the football program should't be dealt with so harshly??????:thumbdown::thumbdown::thumbdown::thumbdown: Remember they could have gotten a 4 year death penalty, they still might. Unless they shut up and realize how lucky they are.
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Big Gain
Posts: 2,073
Aug 14, 2012 12:35am
HitsRus;1246194 wrote:Can anyone produce a former player that would say that they definitely wouldn't have gone to PSU if Sandusky was exposed? Do any former players regret having gone to PSU in the wake of the scandal? Just wondering...it would help make a case for PSU getting some sort of 'on field advantage' for the cover up...because without that the NCAA has absolutely ZERO authority to levy the MASSIVE penalties that it EXTORTED from PSU. Even if a few could be found, does that supposed 'on field advantage' translate into the unprecedented sanctions and fine levied?
PUHHHHLLLEEEEESSSS!!!! If you had a son and you knew what you now know and imagine what you don't know, would you want him to live in incestuous "Happy" Valley for 4 years???
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Big Gain
Posts: 2,073
Aug 14, 2012 12:36am
Big Gain;1246115 wrote:We all agree that there was a 12 year cover up by AT LEAST some janitors, the head coach, AD, a VP and the President of the University. Why did they perpetrate and perpetuate this cover up all those years? To what advantage?
And now boosters and who knows how many others.

ANSWER THIS QUESTION HitsRus.
believer's avatar
believer
Posts: 8,153
Aug 14, 2012 6:32am
Big Gain;1246249 wrote:And Penn State, Happy Valley, the incestuous population, the football program should't be dealt with so harshly??????:thumbdown::thumbdown::thumbdown::thumbdown: Remember they could have gotten a 4 year death penalty, they still might. Unless they shut up and realize how lucky they are.
I lived in State College for 10 years and I still have family living there. While I agree that Penn State's Sandusky cover-up was caused by a handful of powerful people at the heart of the football program, how 'bout we cut out the "incestuous population" bullshit? That's just dumb.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 14, 2012 7:30am
^^^but that is exactly what is/and has happened in the vigilante type atmosphere surrounding this.
Big Gain stated earlier in the thread "Penn State needs to be brought to its knees"......not 'the wrongdoers need to be brought to their knees'. Somehow, some think there is justice in punishing the whole community, and they are willing to allow the NCAA to overstep its' authority to accomplish that end. That it appears to be nearly extortion in the "consent decree" handed to the PSU president, doesn't bother them either.

to BIG Gain:
Why did they perpetrate and perpetuate this cover up all those years? To what advantage?
ANSWER THIS QUESTION HitsRus.
As you wish.
They covered up because they were bad men concealing a crime for which they could be thrown in jail for. Others may have just been friends who looked the other way to cover for a friend in what they thought were isolated incidents or didn't realize the extent of what was going on. Others might have thought he was falsely accused and not capable of doing what was alleged. Who knows what was going on in the minds of those responsible. It is all speculation. Just as it is speculation to say PSU got some sort of competitive advantage on the field, and to quantify it by handing out $60 million in fine and years of sanctions.


Good news for those that side with the extortionists...The PSU Board of trustees has agreed to pay the ransom rather than have their football program killed.;)
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isadore
Posts: 7,762
Aug 14, 2012 8:12am
gosh a ruddies, HitsRus it is ok to overlook "isolated incidents" of child rape? now there is the paterno philosophy.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 14, 2012 8:15am
I didn't say that. He was asking me why they covered it up. I was speculating on the possible reasons.
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WebFire
Posts: 14,779
Aug 14, 2012 8:28am
So why did all the innocent people and the community at OSU have to suffer for Tressel's cover up? It was just the action of one man.
HitsRus's avatar
HitsRus
Posts: 9,206
Aug 14, 2012 9:17am
That's a really good question. Another example of over the top NCAA action. The NCAA at least had grounds(improper benefits) a definite violation of clearly written rules. Still the sanctions were excesive considering the amount of such amounted to pocket change.
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isadore
Posts: 7,762
Aug 14, 2012 9:24am
gosh the president of the university accepts the sanctions, the large majority of the trustees accept the sanctions. they realize their institution is responsible for covering up these horrendous crimes. jay, you don't.