PSU SANCTIONS AND PATERNO

[dpwspringer 0]

Looking at all this from the proverbial 30,000 feet up, unless you are politically connected and you are running a big time program you best have an outstanding compliance department that knows how to deal with the NCAA if/when issues arise.

Look at PSU and compare that to Auburn with all the accusations we had or Alabama with Dareus, Jones, Ingram, the free lab top, Tom Al-Betar, the free cars. Even LSU getting caught being involved with agents or USCe getting caught with the motel/hotel situation compared to Georgia Tech.

If you don't know what you are doing you can get run through a meat grinder by the NCAA. Before the PSU sanctions, the general wisdom was to cooperate fully with the NCAA. But that logic is not without some caveats and that is where you need that compliance department that knows how to deal with the NCAA comes in handy. Decisions involving the Freeh Report didn't work out to well for PSU.

[Tiger n Miami AU83 25]

Erickson signed the consent decree late last month with the NCAA after consulting with board chairwoman Karen Peetz and university counsel, but he did not bring the decree to the full board for review or a vote.

At this point I would like to see the NCAA suspend the sanctions. Still allow players to transfer w/o restrictions if they want to. Get a ruling from a court of law. And if they get a ruling that says they have authority to levy sanctions in this case then give PSU the MAXIMUM penalty allowable by law.

I hope they can give them an 8 year death penalty.

The middle paragraph is probably a good idea.

Here is the deal (in a very small nutshell). The NCAA is a member insitution. Federal laws allow plenty of discretion for the governing body of a member institution because it is made up of voluntary members. However the Supreme Court decided the NCAA (and by extension its member institutions) is subject to federal anti-trust laws a few decades ago because the NCAA is so large, has a large and substantial impact financially and otherwise. In other words, the NCAA (and its members) are important and therefore the NCAA as a governing body cannot limit competition (violate anti-trust laws and impose sanctions) upon its members as a general rule.

However, case law has carved out a special "niche" where the NCAA is not subject to the broad anti-trust law provisions and that is when a situation relates to amateurism (student athletes). If a situation relates to amateurism and competitive advantages gained, etc, case law has set the precedent that the NCAA can impose sanctions and avoid violation of federal anti-trust laws.

In the PSU situation, the NCAA went off the reservation and imposed sanctions totally unrelated to amateurism. Therefore, it is time for the courts to do what they do and rule whether the NCAA can impose sanctions for criminal activity as well. Just like they did in the cases of amateurism that set the current precedents, explicitly allowing the NCAA to impose sanctions.

My guess is the courts will have no interest in carving out an exception in anti-trust laws for the NCAA to start sanctioning whatever they feel like, but it has to get to the courts first. If it does, the result will be a landmark precedent setting ruling that will go a long way in defining NCAA power and scope. For that reason, I would like to see it get to the courts. Don't really care about PSU. This case is bigger than PSU IMO.

[WarEagle10 77]

PSU is setting this up for a federal lawsuit. Once the NCAA denies their appeal, it sounds like to expect one. A few PSU BOT member's have already hired a high profile lawyer, or that's what I heard on the Dan Patrick Show this morning anywho.

[Elephant Tipper 430]

Here is the deal (in a very small nutshell). The NCAA is a member insitution. Federal laws allow plenty of discretion for the governing body of a member institution because it is made up of voluntary members. However the Supreme Court decided the NCAA (and by extension its member institutions) is subject to federal anti-trust laws a few decades ago because the NCAA is so large, has a large and substantial impact financially and otherwise. In other words, the NCAA (and its members) are important and therefore the NCAA as a governing body cannot limit competition (violate anti-trust laws and impose sanctions) upon its members as a general rule.

However, case law has carved out a special "niche" where the NCAA is not subject to the broad anti-trust law provisions and that is when a situation relates to amateurism (student athletes). If a situation relates to amateurism and competitive advantages gained, etc, case law has set the precedent that the NCAA can impose sanctions and avoid violation of federal anti-trust laws.

In the PSU situation, the NCAA went off the reservation and imposed sanctions totally unrelated to amateurism. Therefore, it is time for the courts to do what they do and rule whether the NCAA can impose sanctions for criminal activity as well. Just like they did in the cases of amateurism that set the current precedents, explicitly allowing the NCAA to impose sanctions.

My guess is the courts will have no interest in carving out an exception in anti-trust laws for the NCAA to start sanctioning whatever they feel like, but it has to get to the courts first. If it does, the result will be a landmark precedent setting ruling that will go a long way in defining NCAA power and scope. For that reason, I would like to see it get to the courts. Don't really care about PSU. This case is bigger than PSU IMO.

"...has a large and substantial impact financially"  $60 million worth of overkill

"In the PSU situation, the NCAA went off the reservation and imposed sanctions totally unrelated to amateurism."  EXACTLY

"For that reason, I would like to see it get to the courts. Don't really care about PSU. This case is bigger than PSU IMO."  DITTO

Well stated.

[alexava 6,973]

The only part of the penalties i agree with are the vacated wins. That is because nobody really cares about that (just ask the bammers) except paterno or now his legacy. As far as the 60$mill. That just takes away from what these victims are about to get in settlements. The post season bans and scholarship reductions should be penelties for violations relating to ameturism, they are punishing the wrong people.

[around4ever 4,139]

For sale in the PSU Bookstores.  This should help their cause.