The Penn State Board of Trustees: … Well at least four of them have decided the NCAA’s actions were arbitrary and capricious…. Lawyer speak for … not so fact my friend! Ryan J McCombie, who joined the 32 member board last month has hired a legal firm ( Jackson Lewis in Boston) and they have sent the NCAA a letter indicating the following: 1) Penn State’s President Rodney Erickson did not have the authority to sign off on the NCAA ultimatum (sign … or else face a 4 year death penalty) without Board approval; 2) Penn State was denied due process because the NCAA did not follow their long established investigative and enforcement procedures; 3) The Freeh Report findings and conclusions are inconsistent with the evidence presented in the report; 4) The inconsistencies found in the Freeh Report leave the Consent Decree, signed By President Erickson, as fundamentally unfair…. and as a result of obvious incongruities within the report, the document’s sanctions are excessive and unreasonable; 5) For the reasons stated, The Consent Decree sanctions should be viewed as Null and Void! At least in their opinion. HOWEVER, the full Board does not agree, after a three hour meeting, they issued a statement supporting the actions (signing the document) taking by President Erickson. Many believe that this appeal (NCAA has stated clearly… this finding is not subject to appeal) is merely a precursor to a Federal Lawsuit, asking a federal judge to set aside the sanctions. Here come the Lawyers Baby! And that’s Ok! While I can not speak for you and/or your attitude about lawyers….I can share without hesitation…. that I would rather get sued at than shot at!!!
Ex Penn State Players: Former Penn State players, led by Michael Robinson (an ex QB @ PSU) have notified the NCAA they intend to seek redress for the 112 vacated wins. A Penn State Trustee (not the NCAA), acting at the behest of PSU’s Board, has sent the “Robinson Group” a letter, stating that, in their view, the ruling is not subject to appeal. The players are arguing that the NCAA did not do its own investigation, the Freeh Report (upon with the Consent Decree is based) is filled with inconsistencies, and that the school was denied Due Process!
Sully’s CFP Says: The substance of what the NCAA did… clearly has merit… children will be protected and swiftly… if you don’t… PSU…. and didn’t… we will! That said, the speed at which NCAA acted may well result in procedural errors. And, my understanding, the Court of Appeals focuses on procedure not substance! More to follow …. of that … I am sure!
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