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PSU trustee intends to appeal to NCAA sanctions
AP ^ | 08/06/2012 | staff

Posted on 08/06/2012 3:50:31 PM PDT by safetysign

A Penn State trustee has told the NCAA that he intends to appeal college sports governing body's strict sanctions on the university for the Jerry Sandusky child sex abuse scandal.

(Excerpt) Read more at sports.yahoo.com ...


TOPICS: Sports
KEYWORDS: appeal; homosexualagenda; lawsuit; ncaa; paterno; pedstate; pennstate; sandusky
Not defending the horrible actions of Jerry Sandusky, but Penn State may win this in court. Mark Emmert of the NCAA is not Roger Goodell. This is not the NFL. $60 million fine? Can you spell anti-trust?
1 posted on 08/06/2012 3:50:40 PM PDT by safetysign
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To: safetysign

It would be ironic if the NCAA responds by saying “Forget the $60 million . . . you can have the ‘death penalty’ instead.”


2 posted on 08/06/2012 3:57:13 PM PDT by Charlemagne on the Fox
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To: safetysign
"...Penn State may win this in court..."

Based on what?

3 posted on 08/06/2012 3:57:36 PM PDT by cweese (Hook 'em Horns!!!)
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To: cweese

What right does the NCAA have to impose the fine?


4 posted on 08/06/2012 4:00:31 PM PDT by safetysign
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To: safetysign

Ryan McCombie’s (retired Navy Seal and newly elected B.O.T. member) letter to the Board of Trustees:

06 August 2012

Dear fellow board members

The challenges we have dealt with over the past year have been the most difficult and demanding that any Board of a Public University has ever faced. The issues are incredibly painful and highly contentious and the path that we should follow is anything but clear. Nonetheless, it is our mission to determine what happened without favor or bias toward the responsible parties, just as it is our duty as trustees to act in the best interests of Penn State. I do not believe the recent actions of the Administration and the NCAA have been consistent with that mission, and I cannot but feel that our inaction is a failure in our duty. I believe we owe to all involved – especially our University community – to insist on and require full due process before we accept these penalties.

Due process is not a theoretical concept to me. It is one of the core values that I fought for as a Navy Seal and as a 26-year veteran of the US Navy. I spent much of my adult life in 3rd world countries ruled by tyrannical dictators. Little did I know upon retiring from this exciting yet stressful vocation to bucolic Central PA, that I would become embroiled in a comparable experience here.

I respect Louis Freeh and I appreciate the work he and his staff did to investigate the handling of the Sandusky matter. At the same time, I think it is important to recognize that the Freeh report is not the equivalent of a legal hearing or review. No one testified under oath; multiple key witnesses were not interviewed; accused parties were not given a fair chance to respond; the findings were highly subjective; and several individuals are still waiting to have their day in court. Yet despite these very serious limitations and others, our Board allowed the Freeh report to be presented as a full and fair review, which it most certainly is not; and we stood by passively while the University accepted an unprecedented penalty from the NCAA, based entirely on the findings of the Freeh report. These are grave mistakes that inflict undue harm on the entire Penn State community, in addition to compromising the rights of numerous individuals.

The argument that is given on all of these issues is that we must do whatever we can to serve the victims and act in a way that eliminates the chance that something like this can ever happen again. I support that end and understand the sentiment behind it, but also know that we owe it to our University and the constituencies we represent to demand due process in this matter. Our desire for speed and decisiveness cannot and must not justify actions that clearly and decisively compromise the future of this institution, unfairly tarnish its reputation and violate the rights of accused individuals. If in the rush to put this crisis behind us, we act in a way that limits the discovery of the full truth or unfairly blames certain individuals, while exempting others who rightfully deserve blame, we will have completely failed on the most important task this Board will ever have.

It is for these reasons that I have decided to file an appeal today with the NCAA seeking a full due process hearing. Additionally, I will be, along with others, seeking to determine whether President Erickson had the authority to enter into the consent decree absent Board approval. It is my belief that this matter did require board approval and that we should engage in a full, and complete, review. In the end, we all benefit from having this matter handled correctly and with full regard for due process – only then can we be truly confident in the result and the actions we take as a board. Furthermore, only after we have given all involved the opportunity to be heard can we move forward together as one University.

It is my sincere hope that some or all of you will join me on this path. If you wish to join in my appeal, please contact my attorney, Paul Kelly, at (617) 305-1263, or by email paul.kelly@jacksonlewis.com.

Let me also be clear: I do not do this seeking a predetermined result nor do I claim to know what the final answers will be. If there is blame to be borne by any or all of our officials, a due process hearing will not hide that fact and I will accept it – as will the tens of thousands of Penn Staters out there not assuaged by a limited process.

I know my actions will be poorly received by some on this board and in the community at large. To that end it would be easier to remain silent and allow these unfair actions to remain unchallenged. I cannot do this. As long as I am a member of this board, I will fight to learn the full truth of the Sandusky scandal and then, and only then, endorse the assignment of blame and the imposition of sanctions.

For the Glory,

Ryan J. McCombie


5 posted on 08/06/2012 4:01:22 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: safetysign

Like Rush said today, they took Louis Freeh’s report and ran with it. They just wanted to get this behind them.


6 posted on 08/06/2012 4:06:45 PM PDT by E. Pluribus Unum (Government is the religion of the collectivists.)
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To: FlJoePa

He seems like a really admirable man, but can one trustee appeal?


7 posted on 08/06/2012 4:07:24 PM PDT by buridan
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To: safetysign
The NCAA has several morality clauses in its bylaws which clearly entitle the organization to ban Pedo State outright. They offered a compromise which allowed Pedo State to A: keep playing, without subjecting itself to opening the records and staff access to yet another investigation followed (in the probable estimation of those who were in charge at the time the deal was offered) by a lengthy suspension from NCAA athletics period along with public revelation of additional dirt turned up by the new investigation. The NAMBLAny Lions got the lightest sanctions possible for them. Rhythmic Slappy Valley ain't gonna just waltz away from decades of homosexual child rape.
8 posted on 08/06/2012 4:15:41 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: safetysign
The NCAA has several morality clauses in its bylaws which clearly entitle the organization to ban Pedo State outright. They offered a compromise which allowed Pedo State to A: keep playing, without subjecting itself to opening the records and staff access to yet another investigation followed (in the probable estimation of those who were in charge at the time the deal was offered) by a lengthy suspension from NCAA athletics period along with public revalation of additional dirt turned up by the new investigation.

The NAMBLAny Lions got the lightest sanctions possible for them. Rhythmic Slappy Valley ain't gonna just waltz away from decades of homosexual child rape.

9 posted on 08/06/2012 4:17:41 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: safetysign

(Not defending the horrible actions of Jerry Sandusky, but Penn State may win this in court. )

The NCAA has already stated NO APPEALS...
Don’t know if the trustee would have standing to sue in court but would not matter the NCAA never loses........


10 posted on 08/06/2012 4:20:21 PM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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To: buridan
He has at least 4. I suspect two of the others are also newly elected: Anthony Lubrano and Adam Tailaferro. Probably a few others as well.

The appeal will be denied. The Paterno Family attorney already sent up that trial balloon the other day and it was denied in minutes.

This time, there will be a little more consideration but will likely end up in Federal Court.

There are also internal issues as to whether or not President SitsDowntoPee had the right to sign any consent agreement - especially one that would off the bat cost the University $60 million. Decisions that involve money like that need to go before the entire board and it didn't - just a select few.

If anyone wants the truth - it is out there (not in the main stream media though). It is at conservative blogger/documentary maker John Ziegler's new website:

framingpaterno.com

11 posted on 08/06/2012 4:25:12 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: buridan
Surprised that Talifaro hasn't gotten involved with this. I was expecting him to stand up for Joe against Freeh's convenient assignation of fault against a conveniently dead man.

The NCAA is not behaving with prudent oversight or legal authority. All they are doing is knee-jerking PSU in the groin.

12 posted on 08/06/2012 4:29:34 PM PDT by LoveUSA (God employs Man's strength; Satan exploits Man's weakness.)
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To: MrEdd

Here’s the problem.

1. They do not clearly entitle the organization to punish Penn State. The way they have selectively chosen to enforce it in the past (Baylor basketball coach covered up a murder and they didn’t invoke it) would work against them in court.

2. The President of Penn State acted without consulting the BOT. The university by-laws do not allow the President to write checks prior to consulting the BOT, which happened in this case.

3. Louis Freeh’s report has more holes than Barack Obama’s birth certificate. I’ve read it in its entirety and the conclusion that this was a massive coverup to protect the university’s image is not even remotely supported at all by the facts in his report. Louis Freeh also recently wrote a report on a FIFA (soccer) President that resulted in the man’s lifetime ban from the sport. That ban was lifted last month by a Swiss court that ruled Freeh’s conclusions didn’t match the evidence provided. (Sound familiar?). Louis Freeh is also a left-wing political hack who ran a very shady FBI back in the 90s. Guess what Joe Paterno was? A life-long conservative Republican. Freeh was hired to do exactly what he did. Pin it all on Paterno.


13 posted on 08/06/2012 4:35:15 PM PDT by jb729
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To: cweese

My lawyer friend in LA sent me this response:

“I am one of the very few persons in the U.S. who has downloaded, printed, and read every word of the Freeh Report. So I have the disadvantage of knowing what I am talking about.

I think when the case eventually gets into the Federal court, Penn State will win. The Penn State trustees are asserting that Mr. Erickson did not have authority to enter into the consent decree. The NCAA response is that
Penn State was looking down the gun barrel at a four year “death penalty” if Erickson did not sign the consent decree.

In the law, that is called “coercion” which is something we learn about in our first year of law school.

I think all aspects of the NCAA penalty against Penn State can be affirmed EXCEPT the $60 million fine. That is a “taking” of property without due process of law. I am not aware of any other cases in which the NCAA has imposed anything that even resembles such an enormous and onerous fine.

Penn State’s Board of Trustees will have some good, high-priced lawyers who will assert the arguments I have described above, and a lot more. ‘


14 posted on 08/06/2012 4:35:52 PM PDT by safetysign
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To: LoveUSA

If there were ever an organization on Earth that deserved a knee in the groin, it’s Penn State.

Personally I’d take a rusty hatchet to their collective groin.


15 posted on 08/06/2012 4:38:36 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: safetysign
Not defending the horrible actions of Jerry Sandusky, but Penn State may win this in court. Mark Emmert of the NCAA is not Roger Goodell.

Didn't you hear that Goodell and the NFL have offered to cut Vilma's suspension in half if he agrees to drop his defamation lawsuit. I don't think the NFL and Goodell are in as good a position as they once thought. The NFL and Goodell will lose if the case goes to trial.

As for the NCAA, it has a lousy record with lawsuits. Tarkanian won huge, as did Rick Neuheisel.

The PSU trustees will win because while the sexual abuse cover-ups were criminal, there was no competitive advantage gained and I have serious doubts that the NCAA has jurisdiction over the matter.

16 posted on 08/06/2012 4:38:36 PM PDT by SeaHawkFan
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To: South Hawthorne; brityank; Physicist; WhyisaTexasgirlinPA; GOPJ; abner; baseballmom; Mo1; Ciexyz; ..

PA Ping!

If you want on/off the PA Ping List, please freepmail me. Thanks!


17 posted on 08/06/2012 4:38:49 PM PDT by randita (Either the politicians fix our fiscal insanity, or the markets will.)
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To: LoveUSA

I think Adam is in. I think it is the three newly elected members and they have rocked the boat enough that a few more are coming around.

Erickson, Peetz, and Joyner all have to go now in my opinion. They all had prior knowledge (as they were all B.O.T. members at the time) of the GJ and simply failed at their duties.

Remember Erickson was the one that gave those keys to js. Not Joe. The current President of the University was the last to sign off on his “emeritus status”....how ironic.


18 posted on 08/06/2012 4:39:07 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: SECURE AMERICA
Don’t know if the trustee would have standing to sue in court but would not matter the NCAA never loses........

Actually, the NCAA has a poor record in court.

19 posted on 08/06/2012 4:51:22 PM PDT by SeaHawkFan
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To: FlJoePa

“...to insist on and require full due process before we accept these penalties.”

Something to be said for honoring due process.


20 posted on 08/06/2012 4:53:49 PM PDT by scottjewell
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To: scottjewell
Well, we haven't had it Scott. And I find it incredulous that this forum (of all on the interwebs) has swallowed this combination of media deceit and louis freeh as easily as they have.

There is ONE radio host (in St. Louis) that has been on this for 3 weeks (the factfreeh report). His name is Kevin Slaten and the other day he interviewed Ziegler (who exposed the media in his documentary after the 2008 election).

Ziegler is from PA, but has no ties to PSU. He's a bright, sharp guy that just sees a wrong.

Here is Ziegler on Slaten's show: THIS tells the whole story: Ziegler on Slaten radio

21 posted on 08/06/2012 5:03:28 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: FlJoePa

Agreed, we haven’t.

And thanks kindly for that link!


22 posted on 08/06/2012 5:06:22 PM PDT by scottjewell
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To: Charlemagne on the Fox

Death penalty — I like that. Do it. Do it now.


23 posted on 08/06/2012 5:07:31 PM PDT by MasterGunner01 (11)
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To: FlJoePa
Remember Erickson was the one that gave those keys to js. Not Joe. The current President of the University was the last to sign off on his “emeritus status”....how ironic.

So then Erickson does not have clean hands. No wonder he wants to put this behind him.

24 posted on 08/06/2012 5:11:41 PM PDT by Uncle Chip
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To: scottjewell
Scott, Don't forget to visit framingpaterno.com - Ziegler's new site. This will be where the truth emerges from.
25 posted on 08/06/2012 5:17:10 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: FlJoePa
Spanier's homosexual agenda and history with the Nebraska scandal certainly would cause concern within any thinking individual. Yet he got free pass, was allowed to resign, AND is still going to be receiving University money. And, according to my friends within the State College circle, he was the one who pushed for Sandusky's emeritus status when others were not as enthusiastic.

Looks like someone is afraid of making a homosexual-pedophile connection or they'd go after Spanier, his actions, and his "most gay-friendly university in the country" aspiration.

26 posted on 08/06/2012 5:18:17 PM PDT by LoveUSA (God employs Man's strength; Satan exploits Man's weakness.)
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To: safetysign

Can you spell EXTORTION?! “Give us what we want or we’ll give you the death penalty!
All they were after was the money. But once they hit PSU up for the money, they HAD TO throw in the robbery of the 111 wins (for their ol’ buddy Bobby Bowden) just to make it look like they gave a crap about anything else.
Bowden and the NCAA’s racism was clearly displayed, when the announcement that Bowden now has the most Ws included the QUALIFIER that he had the most Ws of all MAJOR universities, thereby screwing Eddie Robinson and Grambling U. out of the rightful title.

To quote Big Daddy Pollett in CAT ON A HOT TIN ROOF, “I smell the powerful odor of mendacity!”


27 posted on 08/06/2012 5:19:36 PM PDT by Tucker39 ( Psa 68:19Blessed be the Lord, who daily loadeth us with benefits; even the God of our salvation.KJV)
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To: Charlemagne on the Fox

Actually the ncaa clearly communicated that...along with possible additional sanctions...penn state also already signed off anyway


28 posted on 08/06/2012 5:22:37 PM PDT by Colofornian
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To: FlJoePa

There’s a great line by Ziegler in here about his disgust for Walter Cronkite. Pretty funny.


29 posted on 08/06/2012 5:25:39 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: FlJoePa

Will do, thanks kindly for that imp’t link.


30 posted on 08/06/2012 5:26:47 PM PDT by scottjewell
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To: jb729
I agree. I have worked at a community college for almost 30 years and our president could not agree to anything like that without the approval of the BOT. Also, one of my dear friends at the college is a PSU graduate and she believes, since JoPa (as she calls him) is conveniently dead and can't defend himself, he is being made the scapegoat.
31 posted on 08/06/2012 5:33:05 PM PDT by srmorton (Deut. 30 19: "..I have set before you life and death,....therefore, choose life..")
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32 posted on 08/06/2012 7:16:43 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: Tucker39
they HAD TO throw in the robbery of the 111 wins (for their ol’ buddy Bobby Bowden) just to make it look like they gave a crap about anything else. Bowden and the NCAA’s racism was clearly displayed...

Speaking from an FSU grad/fan perspective this record is forever tainted; it is radioactive. No self-respecting FSU fan, or Bobby fan is ever able to celebrate it without simultaneously raising the spectre of why it is the way it is. There is no joy, no celebration on the part of FSU/Bowden fans. I can assure you of that.

33 posted on 08/06/2012 8:19:46 PM PDT by Sax
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To: Lurker; dfwgator

<>If there were ever an organization on Earth that deserved a knee in the groin, it’s Penn State.<>

NO — I’d start with The Second Mile foundation:

http://notpsu.blogspot.com/2012/03/the-second-mile-questions.html

and then ask why Louis Freeh ignored the Second Mile charity where all these abused kids came from and forgot to interview its longtime CEO Dr Jack Raykowitz??? Who is Louis Freeh covering for???


34 posted on 08/06/2012 9:23:43 PM PDT by Uncle Chip
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To: Uncle Chip

and then ask why Louis Freeh ignored the Second Mile charity where all these abused kids came from and forgot to interview its longtime CEO Dr Jack Raykowitz??? Who is Louis Freeh covering for???

...gee, good source you cite in your post, uncle chip...good unbiased reporting there on that website, yessiree...
...in answer to your question, why would Freeh speak to the director of an institution outside the scope of his factfinding mandate...he was clearly paid to uncover penn state’s involvement in this sordid mess, not to unravel the existence of a homosexual child sex racket operating out of Centre county...is that not the job of an enterprising journalist not being paid by a specific entity to determine the complicity of that same specific entity...why would the BOT sanction his going to an organiztion outside the scope of his mandate, when it did not pertain to that mandate?


35 posted on 08/08/2012 1:53:33 PM PDT by IrishBrigade
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To: IrishBrigade
in answer to your question, why would Freeh speak to the director of an institution outside the scope of his factfinding mandate

You mean blame-making mandate. Why don't you ask him or read his report and find out the answer to your question.

I do apologize to Freeh on that point as I see in his report that a request for an interview was made of Dr Jack Raykovitz, child psychologist and Executive Director of the Second Mile who was promptly notified of Sandusky's 2001 indiscretion -- but Freeh's request was refused. I can understand why he doesn't want to talk, can't you???

But then again Joe Paterno requested that Freeh interview him before he died and Freeh refused.

I also note that atleast three times in the Freeh Report the administrators meet, make notes and send e-mails to each other about contacting the Department of Public Welfare.

Strange -- bringing in the DPW is certainly not standard "cover-up" modus operandi, wouldn't you say??? I wonder if they did contact them and what they said as it seems clear that the DPW was on their list of to dos.

But Freeh fails to follow-up on this notation and just passes right over it and hopes everyone else will as well.

The three things on the to do lists in the Freeh Report are contacting: 1]Sandusky 2]The Second Mile 3] Department of Public Welfare. The administrators followed through with 1] and 2] as Freeh documents, but nowhere does Freeh tell us what happened to number 3]Department of Public Welfare. Wouldn't that contact be important???

Ehhh -- that was probably outside of his mandate as well, right???

36 posted on 08/08/2012 2:53:25 PM PDT by Uncle Chip
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To: Uncle Chip

The Freeh Report has been sold to the world as some great, all-inclusive, all-knowing, absolutely thorough document
that must be accepted as ending all arguments relating to Penn State’s football program. IT IS NOT ANY OF THAT.

As a very experienced legal researcher and writer myself, I would give the Freeh Report nothing better than a C.
It is NOT any great masterpiece. The Freeh Report is the farthest thing from a proper investigation in which the
affected parties are given the opportunity to confront and cross-examine adverse witnesses, and present exculpatory
evidence on their own behalf.

Many things are said six or seven times in the Freeh Report; and it is redundant to the 2,000th degree. If all the repetition was removed, the 267 page Freeh Report would be down to about 100 pages. As a very experienced law
professor, you would NOT give that document a high grade.

It is unforgivable that the Freeh Report gives us nothing about any interviews with Joe Paterno’s office secretary
and office staff members. Paterno’s secretary would know almost everything that Joe did during the last ten years.
How could a witness as important as she is be omitted entirely from the Freeh Report?

It is even worse that the Freeh Report makes no mention of Vicky Triponey, the woman who stood up to Joe Paterno
on matters of discipline of football players. She got fired and ostracized from Penn State because she stood up to
Joe Paterno.

Joe Paterno was exposed for having managed the Penn State football program as “His Own Kingdom” for many,
many years. I don’t have any problem accepting all the penalties imposed against Penn State EXCEPT the $60
million fine. I really doubt that the NCAA Constitution and By-Laws grant the NCAA the power to levy onerous
fines of $60 million against any of its member institutions.

Could the NCAA levy a $60 million fine against Sul Ross State or Drake University?


37 posted on 08/10/2012 11:28:24 AM PDT by safetysign
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To: safetysign

Below is the story about Vicky Triponey, the lady who stood up to Joe Paterno at Penn State and
got fired and ostracized from Penn State for doing so. How could she be omiitted from the Freeh
Report?

http://impact.nj.com/collegefootball/print.html?entry=/2012/07/politi_meet_vicky_triponey_the.html


38 posted on 08/10/2012 11:32:29 AM PDT by safetysign
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To: safetysign

Below is the story about Vicky Triponey, the lady who stood up to Joe Paterno at Penn State and
got fired and ostracized from Penn State for doing so. How could she be omitted from the Freeh
Report?

http://impact.nj.com/collegefootball/print.html?entry=/2012/07/politi_meet_vicky_triponey_the.html


39 posted on 08/10/2012 11:32:45 AM PDT by safetysign
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To: safetysign

<> How could she be omiitted from the Freeh
Report?<>

Probably because she has her own fair share of detractors:

http://safeguardoldstate.org/the-vicky-triponey-timeline-of-terror/

The article makes it sound as if she was trying to exert her own power and build her own little kingdom at PSU by sticking her nose where it didn’t belong.


40 posted on 08/10/2012 12:04:13 PM PDT by Uncle Chip
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