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)
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?