Posted on 11/17/2014 3:31:11 PM PST by FlJoePa
Alabama won convincingly. FSU came back again. TCU barely survived lowly Kansas. Everyone is immersed with the College Football Playoff and who will be in the top four come Tuesday. It is all so new and exciting. The Playoff and the decisions of the Committee have been dominating our news so much that it’s possible that some of you may have missed the larger story that is lurking down the hotlinks of ESPN, Foxsports, and SI. The story is large enough that it has the potential to change college football in a far greater way than the Playoff will. The entire shape and existence of the NCAA are dependent on the outcome of the story.
It was three years ago when the college football world was rocked by its largest scandal. Penn State was under the hot lights and it had nothing to do with payment of players, illegal tattoos, or signing autographs for money. A longtime assistant coach of Joe Paterno’s, Jerry Sandusky, had been molesting young boys over a period of years. He had done so by abusing his role as a coach for Penn State and he had even molested boys in the Penn State athletic compound. Shortly after the scandal broke, questions revolved around Coach Joe Paterno. What did he know and when did he know it? Penn State, using due diligence, hired an independent investigator, Louis Freeh. Based on Freeh’s report, The Board of Trustees ended the Joe Paterno era at Penn State. Also based on that report, The NCAA handed down some of the most severe sanctions in its history. Penn State, wishing to avoid a possible death penalty in college athletics and also wanting to move on from the ugliest scandal in its history, accepted those penalties.
Soon after the report came down, questions about its accuracy arose. However most made assumptions that this was more nitpicking out of an unwillingness to accept the truth. Part of the sanctions that Penn State agreed to accept were monetary sanctions. The monetary sanctions of $60 million dollars left open a door. Penn State University is a public university and therefore subject to the people of Penn State. Specifically, even though the Trustees had no desire to challenge the sanctions brought forth by the NCAA, they could still be challenged with anyone who had standing. Jake Corman, a state senator from Pennsylvania, brought a lawsuit against the NCAA over the $60 million dollar fine. The case is due to be tried in January and right now both sides are in the discovery process. What is coming to light in the depositions is enlightening and also disturbing.
When the scandal first broke, it was strange that the NCAA came in. A child molestation matter seemed more a criminal matter for law enforcement and not an NCAA enforcement matter. There were overall general charges of Penn State misconduct but no specific infraction that Penn State nor any of its players and coaches committed. Despite this, the NCAA did decide to pursue sanctions, gave Penn State severe sanctions, and handed them down in record time. The reason that NCAA sanctions normally follow an iceberg moving path of investigation and hearing is because the NCAA has its own investigators, followed by letters stating the specific infractions and giving the school time to respond to each of those infractions. From discovery of the infraction to penalty for the infraction can take years. None of the normal steps of due process were given to Penn State nor did the Trustees of Penn State seek to invoke any rights of due process.
Per the NCAA’s own witnesses, the NCAA was unsure whether they had any authority to even punish Penn State. The NCAA’s intent was to bluff Penn State into believing that the NCAA had the authority to punish Penn State and therefore force Penn State to accept its penalties. The natural question that arises is; if the NCAA did not know that they had authority to punish, or suspected that they had no authority to punish, why did they choose to punish Penn State?
The testimony coming out of the depositions paints a picture of a Mark Emmert run NCAA that was very concerned with its image. Gene Marsh, the liaison between Penn State and the NCAA recommended to an administrator for the NCAA’s Committee on infractions that the NCAA shouldn’t involve itself in the Sandusky matter. Cooper’s response lays out the role image played in the NCAA’s decision to pursue Penn State.
"For what it’s worth, I agree. However the new NCAA leadership is extremely image-conscious and if they conclude that pursuing allegations against PSU would enhance the association’s standing with the public, then an infractions case could follow."
This concern of NCAA image was so overwhelming that the NCAA was actually contemplating how it could go after Penn State prior to the release of the Freeh report. If it seems odd that the NCAA would already be considering sanctions before the release of the report it would help to understand that the NCAA was in constant contact with Freeh and his staff while Freeh’s investigation was taking place. However, it is the NCAA’s constant contact with the independent investigator during the investigation process that is truly odd. The NCAA was granted access by Penn State to the report but there is little doubt that the Plaintiff’s attorneys in Corman’s suit are looking for evidence that the NCAA influenced the report.
Taking a step back, this lawsuit is not about what may or may not have happened with Joe Paterno and Penn State. This suit is about the NCAA and how it conducted itself in an investigation. If the NCAA were so quick to throw out its own rules of due process and inclined to want to see a conclusion that was in its own best interest out of a concern for its image; then universities can no longer assume that the NCAA and specifically its committee on infractions is serving the purpose that it was originally intended to do.
Often the NCAA is seen as a pseudo-government organization independent of college athletics. However, the NCAA is actually an organization comprised of the universities to self-govern. It is a voluntary organization. If your favorite school wanted to walk away from the NCAA it could. However it doesn’t because it couldn’t stand alone. What if ten schools walked away? What about fifty? Last year, there was a lot of talk about the Power 5 conferences breaking away and splitting off from the NCAA. That talk led to the Power 5 getting some quasi-autonomy when it came to giving players stipends. However, if it is found that the NCAA railroaded a Power 5 school out of a concern for its public image, more talk about either reforming the NCAA and its procedures concerning infractions and sanctions may gather steam. It also may come from more than just a Power 5 school.
The NCAA was designed to mirror our judicial system. The NCAA works as the police, judge and jury and the universities are the citizens. In the case of Penn State, the NCAA accused Penn State of guilt by association, found the university guilty even though it couldn’t specifically name one crime it had committed and said, accept our punishment or else. The NCAA did so because it was worried if it followed the normal procedures that have been put into place to protect against these kinds of rash decisions that it would look bad.
If concern over image was the primary concern for Emmert and the NCAA, then its decision had the opposite desired effect. Much of the testimony from the depositions and much of the evidence from the discovery has been laying low because of the college football season but come January, when football is over and this trial begins, the NCAA will be front and center in every sports website. It is very doubtful that Emmert, who has already been under fire for most of his tenure, will survive. Whether the NCAA remains intact in its present form remains to be seen.
The NCAA needs to change the Name of the City and State where they are headquartered.
This so-called playoff is just as much of a farce as the BCS was. There will be no true FBS champion until there is a 16 team playoff that includes all 10 conference champions.
As for the Penn St thing, the NCAA over stepped it’s bounds in this case. Penn St should have been sanctioned only after all court proceedings were finnished. I believe the admin was engaged in a coverup of Sandusky’s crimes. Was Joe Paterno involved? I’m not sure, but there is no way in hell Penn St should walk away from this mess unscathed.
Ping
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TC/GS/GS have been awaiting trial for almost 3 years now. JS was convicted in 7 months.
If there was some sort of coverup, wouldn’t one of those guys have flipped on the others by now? I think that’s what the PA OAG was hoping for, but it hasn’t happened.
We’ll see what else comes out in future Corman filings - I expect much of it to be very damning to the ncaa, PSU b.o.t., and freeh. Judge Covey is reviewing 477 emails the ncaa did NOT want made public - and she will release those she sees fit.
This so-called playoff is just as much of a farce as the BCS was.
But I believe 8 teams would be better than 16. If 16, conference championship games should end.
I am ready for this organization to be rocked.
They’re controlled by a bunch of politically correct biased liberals.
I agree - if you win a power 5 conference championship, you should be in. You should be able to play your way in. Give the other 3 bids to highest rated at large teams, and seed according to some power ranking.
Pederastic Penn State will never escape the cloud of corruption and obfuscation that hangs over it.
The Happy Valley cult remains oblivious.
I agree - if you win a power 5 conference championship, you should be in. You should be able to play your way in. Give the other 3 bids to highest rated at large teams, and seed according to some power ranking.
That plan would work for me. It would sure be better than what we have.
If a team doesn’t make the top 8 cut, they really wouldn’t deserve to be there.
Emmert is dirty. The fact that he is sitting in the big chair is the only reason Alabama hasn’t gone back on probation...
BTW - this piece has been edited to correct mistakes:
It was three years ago when the college football world was rocked by its largest scandal. Penn State was under the hot lights and it had nothing to do with payment of players, illegal tattoos, or signing autographs for money. A longtime assistant coach of Joe Paterno’s, Jerry Sandusky, had been molesting young boys over a period of years. He had done so by abusing his role as a coach for Penn State and he had even molested boys in the Penn State athletic compound. Shortly after the scandal broke, questions revolved around Coach Joe Paterno. What did he know and when did he know it?
Penn St. President, Graham Spanier, stepped in and cancelled Paterno’s weekly press conference. This action was taken based on legal concerns. Around this same time, the Penn St. Board of Trustees decided that the 2011 season would be Paterno’s last. Withing a day of this decision, Spanier was asked to resign. The record shows that he voluntarily stepped down. The board than refused to allow Paterno to finish out the season and, instead, removed the legendary coach from his responsibilities effective immediately.
The Penn St Board of Trustees then hired an independent investigator, Louis Freeh, to lead an internal investigation regarding how the university acted. Based on Freeh’s report, it was determined that Paterno, Spanier, Curley and Schultz were all guilty of concealing Sandusky’s actions from the board. The Freeh report also indicated that these four men were most concerned with the humane treatment of Sandusky rather than the humane treatment of the victims. Penn State’s trustees ultimately accepted the findings of the report and vowed to implement corrective measures.
The legitimacy of the Freeh Report is up for debate. Was the report self-serving or was it a legitimate part of the investigative process? The findings in the report supporter how the university ultimately handled the situation which, in turn, supported the board of trustees. And it was the board who had hired Freeh in the first place.
“why did they choose to punish Penn State?”
Because the entire administration covered for a disgusting criminal pedophile to protect their stupid football program. That’s why.
L
Sorry, the differences between the program at the average power5 conference compared to the others is very significant and the record books reflect that difference. You would basically be offering cupcake playoff seeding to several entrants.
I much prefer a system of power5 conference champ and 3 at large wild cards for the occasional Boise St. or Marsall that has a Cinderella season (or a 1 loss non conf champ).
The Sun Belt champ isn't going to make it through 4 playoff games. Pretending otherwise is egalitarian BS and really just wasting everyone's time and giving several teams a cakewalk to the second round.
See - you need to have some proof of that. You can’t just say it, wave a magic wand, and it becomes fact.
If they had the goods on GS/GS/TC, they would have been tried by now. It’s been 3 frickin’ years!
Open up your brain for crying out loud!
You mean open like Paterno opened up those kid’s backsides in the showers?
Meant to say like Paterno’s employee opened up the backsides of those kids in “his” locker room?
LOL!
You think the conference champ of the American Athletic, Conference USA, Mid-American, Sun Belt, Big Sky deserve to be there just as much as the winner of the ACC, SEC, Big 10, PAC 12?
Why would any team want to play in a major conference schedule if they had an easier road such as the Big Sky conference or Mountain West conference?
Do you not realize some conferences are far more difficult than others?
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