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Penn State trustees file appeal
ESPN ^ | August 6th, 2012 | Don Van Natta

Posted on 08/06/2012 5:57:20 PM PDT by Third Person

A Penn State board of trustee member filed an appeal Monday afternoon with the NCAA over sanctions levied against the university after the Jerry Sandusky child sex-abuse scandal.

Three other trustees joined the appeal, which states that the consent decree university president Rodney Erickson signed with the NCAA agreeing to the sanctions is "null and void" because Erickson "lacked the legal authority" to enter into such an agreement without the board's approval.

Trustees and a person with first-hand knowledge of the discussions said the move is a precursor to a federal lawsuit asking a judge to invalidate the sanctions, because trustees expect the NCAA to reject the appeal.

The appeal, sent to the NCAA from attorneys hired by Ryan J. McCombie, a retired Navy SEAL who joined the 32-member board in June, also challenges the NCAA on the following fronts:

• The NCAA did not give Penn State trustees and the university due process when it did not follow its usual investigation and enforcement procedures.

• The consent decree is fundamentally unfair because it relies on the Freeh report, which "contains findings and conclusions not that are contrary to the evidence presented ..."

• The sanctions are "excessive and unreasonable" because they inflict "permanent damage to an entire generation of student-athletes and coaches who were innocent of any wrongdoing during their time on campus ..."

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.

The package of sanctions included a $60 million fine, a four-year bowl ban, scholarship losses and the vacating of wins from 1998 through 2011.

(Excerpt) Read more at espn.go.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Pennsylvania
KEYWORDS: homosexualagenda; ncaa; paterno; pedophilestate; pedostate; pedstate; pennstate; sandusky
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Just when you thought the Happy Valley idiots couldn't dig their hole any deeper... do you really want the death penalty, morons?
1 posted on 08/06/2012 5:57:29 PM PDT by Third Person
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To: Third Person

IMO, take all football away from them until 2020 and let all their current players and prospects transfer to other schools without penalty. Also, Penn State should pay reparations to anyone molested. Any other suggestions?


2 posted on 08/06/2012 6:11:38 PM PDT by 2ndDivisionVet (You cannot invade the mainland United States. There would be a rifle behind every blade of grass.)
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To: Third Person

The NCAA should be like my Dad was to us.

“You’re grounded for a week”

“But....but.....”

“Make it two weeks....”


3 posted on 08/06/2012 6:14:23 PM PDT by dfwgator (FUJR (not you, Jim))
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To: Third Person
"permanent damage to an entire generation of student-athletes ... who were innocent of any wrongdoing during their time on campus"

Uh, when was it that the board of trustees started caring about innocent students?

4 posted on 08/06/2012 6:15:45 PM PDT by who_would_fardels_bear
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To: Third Person
"The Penn State sanctions are not subject to appeal," spokesman Bob Williams said.

Paterno family intends to appeal NCAA sanctions

5 posted on 08/06/2012 6:18:49 PM PDT by Libloather (The epitome of civility.)
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To: 2ndDivisionVet

Here’s my suggestion. Revoke all sanctions until evidence is discovered that supports the conclusions of the Freeh Report.

When evidence is finally discovered, you can put the sanctions back in place.


6 posted on 08/06/2012 6:19:45 PM PDT by jb729
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To: who_would_fardels_bear

Uh, when was it that the board of trustees started caring about innocent students?


About the time they realized the money was going to dry up.


7 posted on 08/06/2012 6:19:48 PM PDT by mrsloungitude ( USMC Mom)
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To: 2ndDivisionVet

Ryan McCombie, PSU board member: “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.”


8 posted on 08/06/2012 6:19:58 PM PDT by jb729
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To: jb729

Thank you for your service, Ryan McCombie. So, Happy Valley is like a (bucolic) third world country?


9 posted on 08/06/2012 6:26:08 PM PDT by Third Person ( A man's got to know his limitations.)
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To: who_would_fardels_bear

Before any appeal by Penn State gets any media attention, where are the damages that should be paid to SMU?


10 posted on 08/06/2012 6:29:30 PM PDT by Dryman (Define Natural Born Citizen)
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To: Third Person

The NCAA has stated the penalties cannot be appealed—there is no mechanism for doing so. Case closed.


11 posted on 08/06/2012 6:32:02 PM PDT by righttackle44 (I may not be much, but I raised a United States Marine.)
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To: Third Person

I believe he was referring to the NCAA as the third-world dictator. I agree with him 100%.

A left-wing hack (Freeh) that has a history of bogus reports and framing innoncent people is hired by left wing educators to come to a conclusion based on no evidence that a dead conservative Republican head coach covered up a horrendous crime.

What really saddens me is that members of a conservative website are all too eager to participate in the left-wing media’s piling on of this dead conservative without looking at the facts.


12 posted on 08/06/2012 6:38:32 PM PDT by jb729
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To: righttackle44

The appeals are just standard procedure. The next step is court and I expect the NCAA to have their asses handed to them like Tarkenton and Neuheisel did.


13 posted on 08/06/2012 6:38:38 PM PDT by jb729
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To: Third Person

IMHO, this is a good thing-—the ruling was a travesty in many ways—and Unjust—and it glossed over many officials who knew what was happening and who closed their eyes, FOR WHAT REASONS?????? I will guarantee that there are many more rapers of these young, vulnerable boys, men who have been protected (because they are well-connected and wealthy). Homosexual rings always pass the boys around. They are wealthy, highly educated and in positions of power. They seek power over others. (Franklin Cover-up) and the Hollywood rapers of the Corey’s-—passed the boys around among themselves—in group sex. Male homosexuals are all about orgies and with others in sodomizing others. They like an audience.

In studying these homosexual sex rings-—collecting usually around the non-profits that “care” for boys like Boy Scouts organizations, etc.,—there has always been a large number of men involved in the molestations. They work in groups when they are so well-known and “connected”.

There were more Sandusky’s than just one in this case—I guarantee it—who were raping boys from the Second Mile. This case was open and shut in a VERY short time. Very odd. And wasn’t some lawyer killed—like in the Franklin Cover-Up case when they got close to the White House?

As in all the cases, I have looked into-—it is dozens of these perverts. Like the Fabian Socialist, John Maynard Keynes-—they have a “thirst” for boys and a obsession and large group orgies with young boys. This obsession is personified in the myth of Zeus who abducts and rapes the beautiful boy, Ganymedes, his lust is so uncontrollable.

This case stinks-—always has-—but it was a grand cover-up and is why they ended it so fast with such unusual sanctions on people who were not involved in the evil and let evil people skate and get jobs now with Zero.

Unbelievable, the evil in this corrupt judicial system. Look up the evil philosophy of this ex-pres of Penn State. He is one who should be in prison-—but why such a great paying job?????? Read about his sex swinging 20 years ago-—and think he had qualms about sex with boys????? Shush money.

http://nation.foxnews.com/penn-state/2012/07/28/disgraced-ex-penn-state-president-gets-government-national-security-job


14 posted on 08/06/2012 6:39:24 PM PDT by savagesusie (Right Reason According to Nature = Just Law)
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To: Third Person

Kabuki Theater - Act II


15 posted on 08/06/2012 6:44:50 PM PDT by Iron Munro ("Jiggle the Handle for Barry!")
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To: Third Person

Here’s the actual letter - written by ex Navy Seal Ryan McCombie - a newly elected B.O.T. member. Not that any of you baboons would actually want to read it:

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


16 posted on 08/06/2012 6:52:15 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: Third Person

The Bd of Trustees will lose on this one.

They select the President of the University, who in turn is given authority to make such agreements. Even if the President of PSU was to go to the BoT, and they denied the decree, yet the President signed the Consent Decree....the PSU BoT would still not have a case against the NCAA

HOWEVER....this does not apply to the Paterno family suing for JoePa’s lost wins. That case will be won by the Paterno family...and easily

There is already legal precedent for all this

In Tarkanian v NCAA....the Supreme Court ruled that the NCAA did not have to give member schools “due process” (ie. “hearings”), however, it must give “due process” to individuals. The NCAA was allowed to put UNLV (nevada-Las Vegas) on probation...but could not punish coach Jerry Tarkanian without “due process”

In other words....Penn State University will lose in court....but Joe Paterno (his estate) will more than likely prevail in their individual lawsuit (mainly re-instating JoePa’s wins)


17 posted on 08/06/2012 6:53:40 PM PDT by SeminoleCounty (Just because someone has an "R" next to their name, does not make them a Conservative)
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To: Third Person

The Bd of Trustees will lose on this one.

They select the President of the University, who in turn is given authority to make such agreements. Even if the President of PSU was to go to the BoT, and they denied the decree, yet the President signed the Consent Decree....the PSU BoT would still not have a case against the NCAA

HOWEVER....this does not apply to the Paterno family suing for JoePa’s lost wins. That case will be won by the Paterno family...and easily

There is already legal precedent for all this

In Tarkanian v NCAA....the Supreme Court ruled that the NCAA did not have to give member schools “due process” (ie. “hearings”), however, it must give “due process” to individuals. The NCAA was allowed to put UNLV (Nevada-Las Vegas) on probation...but could not punish coach Jerry Tarkanian without “due process”

In other words....Penn State University will lose in court....but Joe Paterno (his estate) will more than likely prevail in their individual lawsuit (mainly re-instating JoePa’s wins)


18 posted on 08/06/2012 6:54:04 PM PDT by SeminoleCounty (Just because someone has an "R" next to their name, does not make them a Conservative)
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To: jb729

Oh boy, pass the Kool Aid.

Poor JoPa did everything he could to protect those boys. Heck, JoPa didn’t even know that it was possible for a man to rape a boy. Simple JoPa wished, in hindsight, he had done more.

JoPa was just a football coach, trying to win games and teach boys how to be upstanding men. Teaching them the Penn State Way.

Yes, Happy Valley is like a third world country... Guyana, perhaps?


19 posted on 08/06/2012 6:58:28 PM PDT by Third Person ( A man's got to know his limitations.)
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To: righttackle44

Considering there was no mechanism in place for implementing the sanctions in the first place, that’s complete bullshit. Try again.


20 posted on 08/06/2012 6:59:03 PM PDT by flintsilver7 (Honest reporting hasn't caught on in the United States.)
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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!


21 posted on 08/06/2012 7:04:01 PM PDT by randita (Either the politicians fix our fiscal insanity, or the markets will.)
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To: Third Person

Did you read the man’s letter (the Penn State B.O.T. member’s)?

He wants the truth. It’s all we Penn Staters have EVER wanted.

Why is that so hard to understand? And why can’t anyone argue the other side of this issue? Haven’t you noticed this? CBS had a roundtable of 5 morons, led by Scheiffer, who all renounced Joe Paterno as guilty as sin.

Ziegler made a point on Kevin Slaten’s radio show the other day. Could you imagine what would happen if the same round table was discussing the OJ trial back in the day and there wasn’t a dissenting opinion.

Yet there is no Joe Paterno statue in University Park, but Silas Redd can now see OJ Simpson’s Heisman and game jersey on display on campus at USC.

As Ziegler says: “In what world does this make sense?”


22 posted on 08/06/2012 7:07:40 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: All
Here's a fresh link to what looks like a fax of the appeal sent from McCombie's atty to the ncaa:

espn pdf

23 posted on 08/06/2012 7:12:30 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: Third Person
Fight it. Excessive and unwarranted penalty against student athletes who are innocent. For those who object, here's hoping that you yourselves are subject to a group penalty someday for the actions of one person. That's what our society is coming to.
24 posted on 08/06/2012 7:20:46 PM PDT by Ciexyz
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To: FlJoePa

I read the letter in it’s entirety. The letter is brimming with Penn State integrity.

Penn Staters don’t really want the truth. They want things to be like they were before the Sandusky scandal.

They want the statue, the wins, the money, the scholarships, and the good times all returned to Happy Valley.


25 posted on 08/06/2012 7:21:24 PM PDT by Third Person ( A man's got to know his limitations.)
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To: Third Person

26 posted on 08/06/2012 7:24:22 PM PDT by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: jb729

“What really saddens me is that members of a conservative website are all too eager to participate in the left-wing media’s piling on of this dead conservative without looking at the facts.”

Excuse me! Just what “dead conservative” are you talking about? Paterno? I guess you are like one of my employees who told me that OJ Simpson was not guilty because he was a “sports figure.” Personally, I hope if there is a Hell, that Paterno is a permanent resident. as a Conservative, I want nothing to do with him. He did not have any moral values, with the exception of his own self-agrandizement and making a pile of money.


27 posted on 08/06/2012 7:25:36 PM PDT by vette6387
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Sucks the players are getting victimized twice.


28 posted on 08/06/2012 7:35:39 PM PDT by Gene Eric (Demoralization is a weapon of the enemy. Don't get it, don't spread it!)
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To: FlJoePa

Baboons? Nice. Did you happen to read the recent repost of the Ray Didinger articles about Penn State and JoePa from 1982? Lots of eye opening info in there about the 1st steps towards ultimate power corrupting absolutely.

Sounds like you need a little refresher course on the concept. But more importantly, how to recognize it when it’s staring you right in the face.


29 posted on 08/06/2012 7:35:54 PM PDT by SengirV
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To: Third Person

You follow louis freeh, I’ll follow McCombie. We’ll see who ends up with the truth.

How any of you can believe a SUMMARY (piece of fiction) from this man really sort of baffles me. Try reading the actual report.

He (freeh) gave the media the cliff notes for apples while the report actually said oranges. And no one bothered to check. Go figure.

freeh is a pathetic figure, and the old B.O.T. is even more pathetic for hiring him to justify their horrendous decision making and crisis management last November.


30 posted on 08/06/2012 7:38:44 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: Third Person

It’s ALWAYS been about football.


31 posted on 08/06/2012 7:41:25 PM PDT by InvisibleChurch (the mature Christian is almost impossible to offend)
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To: SengirV

To be a baboon or a Penn State cultist... I’ll choose baboon every time.


32 posted on 08/06/2012 7:44:49 PM PDT by Third Person ( A man's got to know his limitations.)
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To: Third Person

No Kool-Aid necessary here. I live by evidence in my world.


33 posted on 08/06/2012 7:47:02 PM PDT by jb729
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To: vette6387

In my world, evidence matters. I’m sorry you can’t see that Louis Freeh did what he was paid to do.

When there’s evidence that Joe Paterno belongs in hell, I’ll agree with your statement.

Until then, him and his family have been completely screwed over by the left-wing perverts in the Penn State hierarchy. That you and others here have chosen to spit on the due-process right given to us by our founding fathers, is extremely sad.


34 posted on 08/06/2012 7:48:13 PM PDT by jb729
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To: JoeProBono

Yes.. Shame on Joe Paterno. Screw the facts (who needs em?). Grab the pitch forks!!


35 posted on 08/06/2012 7:48:33 PM PDT by jb729
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To: vette6387

Also, “making a pile of money”? The guy was one of the lowest paid head coaches in college football who routinely donated his relatively (for a premier head coach) meager salary back to the school and various charities?

More absurdity from the “Screw the evidence, Grab the pitch forks” crowd.


36 posted on 08/06/2012 7:48:33 PM PDT by jb729
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To: FlJoePa
OJ’s Heisman is your defense?

Football is big business. When there's a trial and a coach/former coach is found guilty at trial and it's determined another coach witnessed abuse and basically did nothing but tell higher ups, who did nothing, Penn State deserves everything it got — those poor kids!

If I worked for a business and it went under because the owners/ CEO broke the law, I may not have done anything but I'm out of a job. No way around it. Same thing for Penn State football players. And the players can transfer or still play at Penn State, albeit at a ruined program.

37 posted on 08/06/2012 7:50:42 PM PDT by MacMattico
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To: Ciexyz

I guess I don’t see how the athletes are being penalized. They are allowed to play football for PSU or any other school without penalty. Granted if they stay at State, their team might not be very good but they still get to play. The other athletes in other sports aren’t affected because the budget isn’t allowed to be cut to help pay the penalty. What don’t I see?


38 posted on 08/06/2012 7:51:32 PM PDT by InvisibleChurch (the mature Christian is almost impossible to offend)
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To: Third Person

To be a baboon or someone who pisses all over the constitution.. I choose baboon too.


39 posted on 08/06/2012 7:51:53 PM PDT by jb729
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To: FlJoePa

It doesn’t take the Freeh report to see how things worked (and continue to work) at Penn State.

It’s the cover-up university, from global warming fraudster Michael Mann to “Touched” pederast Jerry Sandusky.

Keep that revenue stream flowing, no matter what it takes. Paterno and his precious football program understood that very well.


40 posted on 08/06/2012 7:55:04 PM PDT by Third Person ( A man's got to know his limitations.)
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To: jb729

Hey jb729, welcome to Free Republic.


41 posted on 08/06/2012 7:57:46 PM PDT by Third Person ( A man's got to know his limitations.)
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To: SeminoleCounty
In other words....Penn State University will lose in court....but Joe Paterno (his estate) will more than likely prevail in their individual lawsuit (mainly re-instating JoePa’s wins)

Joe got many of those wins because he didn't turn Sandusky in. How does anyone figure what Joe's record ought to be had he done the right thing at the beginning?

42 posted on 08/06/2012 8:16:14 PM PDT by InvisibleChurch (the mature Christian is almost impossible to offend)
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To: dfwgator

““Make it two weeks...”

Make it 20 years.


43 posted on 08/06/2012 8:18:03 PM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: InvisibleChurch
Joe got many of those wins because he didn't turn Sandusky in. How does anyone figure what Joe's record ought to be had he done the right thing at the beginning?

You got it right.

Also, the NCAA has egg on its face from letting PSU skate until now, especially given what they've done to other programs.

I'll predict the suit will be dropped or dismissed after the NCAA and PSU admins clue in the out-of-the-loop trustees filing suit.

44 posted on 08/06/2012 8:22:49 PM PDT by jjotto ("Ya could look it up!")
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To: InvisibleChurch

When alerted in 2001 of a potential incident, he had the witness meet with the campus authorities responsible for Jerry Sandusky.

Oh shoot, your house of misinformation is collapsing.


45 posted on 08/06/2012 8:24:59 PM PDT by jb729
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To: jb729

46 posted on 08/06/2012 8:25:26 PM PDT by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: jb729

“When evidence is finally discovered....”????

jb729...I believe most of the evidence went down the drain in the Men’s locker-room.

JoePa looked the other way and let Sandusky remain on campus for years.

There is a special place in Hell for those at PSU that looked the other way.


47 posted on 08/06/2012 8:34:05 PM PDT by Herodes
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To: jjotto

The NCAA regulates competitive advantage. Punishing a university for an ex-faculty members crimes is beyond anything in their by-laws

There’s thousands of incidents involving various schools having faculty members committing crimes. Where are these schools punishments?

If you cite the alledged coverup, please tell me which page of the Louis Fraud report contains the evidence? Thanks in advance.


48 posted on 08/06/2012 8:36:58 PM PDT by jb729
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To: JoeProBono

Some photoshopped picture of Joe’s statue really doesn’t hurt my feelings or change my position. What I would like you to do is point to the irrefutable evidence in the Freeh report that shows Joe Paterno orchestrated a coverup. If you can do that, I’ll join you in calling Joe Paterno a scumbag that is burning in hell.

Thanks.


49 posted on 08/06/2012 8:37:11 PM PDT by jb729
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To: jb729

Penn State accepted the punishment. Do you want the findings spread across the nation.......


50 posted on 08/06/2012 8:41:17 PM PDT by eyedigress ((zOld storm chaser from the west)/?)
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