According to ESPN and other media organizations, NCAA president Mark Emmert has elected to issue sanctions on Monday (July 23, 2012) against Pennsylvania State University, including a loss of scholarships and a multiple-year bowl ban. If the media reports are true, then the NCAA has charted an unprecedented, and perhaps unconstitutional, course of action. Federal and state courts have consistently held that membership organizations, including athletics associations like the NCAA, are required to provide procedures that protect their members against arbitrary and irrational action. Thus, an NCAA rule or decision cannot be applied unreasonably so that it creates different classes of schools. Accordingly, any NCAA sanction against Penn State at this stage may potentially violate federal and state notions of due and fair process for several reasons, including, but not limited to:
- The conduct of Penn State and its employees, no matter how egregious, is not a violation of an existing NCAA rule. In fact, according to available information, the NCAA has never interpreted, or issued sanctions under, existing rules to address only criminal violations (or the cover-up of criminal violations). Further, the NCAA has chosen to make criminal activity an NCAA rules-violation in limited circumstances (i.e., Bylaw 10.2 (Knowledge of Use of Banned Drugs) and Bylaw 31.2.3.4 (Banned Drugs))—and the activities described in the report by former FBI director Louis J. Freeh are not addressed in the NCAA Division I Manual.
- The NCAA did not establish and publish a process and procedure to address the issues relevant in Penn State’s case. Instead, the NCAA is utilizing an ad-hoc process that has not been explained fully to the membership or the public.
- The NCAA is not adhering to its existing enforcement processes and procedures.
- The NCAA is treating Penn State differently than other schools that were involved in sexual assault scandals or other serious criminal misconduct.
- The NCAA failed to provide Penn State: (a) a written notice of allegations; (b) an opportunity to respond to the notice of allegations; (c) a hearing before an NCAA infractions committee to address the allegations; and (d) a process for an appeal of NCAA findings and sanctions.
As legal counsel for colleges and universities before NCAA committees, we are extremely concerned about the possible NCAA actions and urge the organization to comply with its existing processes and procedures to address the Penn State sexual abuse scandal. In addition, based on our review of the Freeh report, the issues facing Penn State are best left in the expert hands of the criminal and civil courts, the federal Departments of Justice and Education, the Pennsylvania General Assembly and the relevant accrediting agencies.
The Michael L. Buckner Law Firm will issue a comprehensive statement on its blog (https://bucknersportslaw.wordpress.com/) after the NCAA announces the Penn State penalties.
bucknersportslaw.wordpress.com 
typical lawyer.you disgust me.
Posted by paul | July 22, 2012, 5:10 pmI am sorry you feel this way. The NCAA does not have rules (according to preceden) to address this. However, other agencies do have jurisdiction and should punish Penn State if their respective investigations and processes reach that conclusion.
Posted by Michael L. Buckner, Esquire | July 22, 2012, 5:33 pmwhere were you when they did the same to USC, or better yet what are your views on the NCAA and the USC violations. I agree with you on the the matter of Penn State. The NCAA committee has over step their boundary, not only in this case but also the University of Southern California
Posted by DeCovan King Cov Henderson | July 22, 2012, 6:22 pmCorrect me if I am wrong, but I am pretty sure that USC violated NCAA rules. (again, I could be wrong, but I am pretty sure that was the case. If I am wrong, I apologize.). If I am understanding this correctly, Buckner is suggesting that Penn State didn’t break any NCAA rules. Since Penn State didn’t break any rules, there is not much the NCAA can do if Penn State fights it (legally). Having said that, I believe two things are going to happen. 1.) The NCAA is going to revamp all of their policies to cover issues like this going forward. 2.) The NCAA will issue their sanctions on Penn State, and Penn State will accept them (cause if PSU fights it, it is just more of a Public Relations nightmare.
I agreed with everything Buckner said. Its just a matter of what will PSU do about it.
Posted by Brian | July 22, 2012, 9:13 pmSadly Penn State will not fight, they have no fought anything yet, why start now?
Posted by Cathy | July 22, 2012, 9:39 pmWe have had no leader to fight. Who we have tucked his tail…I guess it will be up to us to fight this. I for one will fight on for State.
Posted by Mary G (@rdhmommy) | July 23, 2012, 12:29 pmAfter thinking of this most of the day I believe that Penn State must appeal and sue the NCAA and Mister Emmert personally. I believe that Mr. Buckner is accurate in his evaluation and assessment of the sanctions and I personally feel that Penn State took some bad advice and rolled over. The NCAA does not have authoirty to enforce these sanctions.
Posted by Lenny | July 23, 2012, 11:15 pmIf the BOT signed a consent agreement (in advance), I have two questions:
Are they guilty of a fiduciary breach?
If they choose not to fight, who else would have standing?
Posted by Adam Baum | July 24, 2012, 12:06 ampun intended – PSU needs to bend over and take their punishment.
Posted by et | July 24, 2012, 11:56 amThat isn’t funny, you can’t support a 60 million dollar fine that will go to the prevention of child abuse and then mock those victims the crimes. A series terrible events transpired and those men were brave enough to testify against a terrible, intimidating person, even after being told their names would be released during the trial. While many of us sympathize with the victims and understand that changes must be made to prevent future incidents, it appears that you are ecstatic with that fact that you got to make a funny about it. Shameful, rude and inappropriate.
Posted by L Eiger | July 25, 2012, 3:31 pmThe thing is, how can we know if PSU broke any rules, when they haven’t even been charged with breaking any rules? If the NCAA gave them, and us, notice of what regulations they accuse PSU of breaking, then we could discuss whether or not those rules were broken. That’s how its been done in, oh I don’t know… EVERY SINGLE case before. The current nonsense is beyond belief. Why would they choose this scenario to throw their procedures out the window. If you ask me, something is rotten in Denmark.
Posted by Lee | July 23, 2012, 1:58 amYour position necessarily ignores the clear and unambiguous terms of ss. 6.01.1 and 6.4 of thre NCAA’s constitution, which makes PSU responsible for controling those who promote its football program. Clearly, and without question, Sandusky, Paterno, Curley and Schultz, amongst others, promoted PSU’s football program and made the conscious and collective decision to withhold information regarding Sanducky’s atrocities for the sole purpose of trying to protect the football program. As such, these provisions were violated and the NCAA has jurisdiction to punish PSU via s. 2.1 of its Constitution.
Posted by Louis | July 22, 2012, 10:22 pmLouis? Louis Freeh?
I beg to differ – three mentions of Joe Paterno’s involvement do not equate to “Clearly and without question… for the sole purpose of trying to protect the football program.” The actions of Curley, Schultz, and Spanier, while egregiously stupid, were done at least as much to avoid negative publicity for the entire University as for one program.
Posted by leeharvey418 | July 22, 2012, 11:25 pmComrade Oswald. Perhaps you were reading the Warren Report as opposed to the Freeh Report, as Paterno was certainly mentioned more than just 3 times. Additionally, and more importantly, it’s what Paterno did (and didn’t do) that’s important, not the number of times his conduct was mentioned. It’s shocking that in ’99 he actually suggested that Sandusky be given a volunteer position working with kids for Penn State. And I’ll concede that everyone acted to protect not only the football program, but PSU as a whole, which makes their conduct better, worse or indifferent? It doesn’t change the fact that the conduct still violated ss. 6.01.1, 6.4 and 2.1 of the NCAA constitution.
Posted by Louis | July 23, 2012, 12:15 amNo there conduct did not violate any NCAA rule or any law for that matter. The simple fact remains that nobody knew Sanduksy was a pedophile until 2011 nor were they aware of any potential crimes. A little inconvenient fact the mob of slobering idiots that is the American public seem to not care about. If they did care to take it into account, they wouldn’t have anything to rant about.
Posted by K. Johyn | July 23, 2012, 7:30 amThe fact that the name Paterno was repeated ad nauseum by Mr. Freeh has no bearing on his actions or involvement. If that were the case Mr Curely and Mr Schultz would be the subject of more criticism than they are receiving, but their names don’t sell papers. Leeharvey is referring to the fact that in terms of actual involvement Mr Paterno is mentioned three times, one of those times it is assumed he the the subject of the word “coach” and all three times in a vague passing manner. Mr Freeh chose to make his opinions with the bias of knowing the outcome of decisions, not by abandoning the knowledge that was obtained after the events occurred, and you are doing the same. So you are shocked that after Mr. Sandusky was cleared of all charges brought against him in 98 Mr. Paterno, who at that time only knows of, at best, some issue that occurred with Mr Sandusky and at worse knows he was cleared of criminal charges, supports the good works that Mr Sandusky does for at risk children.
In terms of this being to protect football that is a completely unsubstantiated opinion, not a fact as it is being treated. There is not one line in the entirety of the Freeh report to support this assumption. It is a more logical conclusion, following all the facts that are presented in the actual report and all trials and interviews that have occurred, that the two men making decision on this matter, Mssrs. Curely and Schultz, and backed by Mssrs. Spainer and Paterno, decided that what they had on their hands was not molestation and was a situation similar to ’98. This was not their decision to make, it is true but that is why we are having these discussions. Based on their own statements it can be determined that they felt that since Mr Sandusky was no longer in their employ and that both he and the child involved were under the 2nd Mile’s jurisdiction and that they needed to pass this along to the 2nd Mile but do it quietly, as to avoid bad publicity. The publicity they speak of is not for the University, but for Mr. Sandusky and his 2nd Mile charity, which would stand to face unrepairable damage to image, even if this accusations turned out once again to be false.
In your opinion, in what way does reporting this to the authorities reflect negatively on Penn State as a whole and specifically the football program? The argument could be easily made that it would be the exact opposite result. The publicity would state that Joe gave up one of his own to protect kids, that “success with honor” applies to everyone regardless of your position, that no matter where you are or how safe you think you are child molesters are everywhere. Mr. Paterno’s legacy is strengthened and everything he stood for is enforced and grows greater.
Posted by CaseRace33 | July 23, 2012, 9:20 amBravo! Finally someone with some sense!
Posted by Janet | July 23, 2012, 1:36 pmBravo!
Posted by Leslie | July 23, 2012, 2:36 pmLouis – where did you go? Weird how people leave when details of the report get brought up.
Posted by SWH | July 23, 2012, 7:19 pmFor your statement about 1999 in 1998 he was investigated and the DA did not press any charges so to say that anyone from penn state should have done anything is wrong they would have been looking at a law suit then how about throwing the blame on the DA office also they left this sick man walk back in 1998
Posted by Joe | July 25, 2012, 8:35 pmMaybe. I would be more inclined to debate those rules had the NCAA actually accused PSU of violating those rules. Due process, fair hearing, etc… The FIRST thing is to know what you are accused of. Can you imagine being dragged into criminal court and tried, without even knowing what you are charged with? That’s what is happening here. So I guess YOU get to choose whatever rule sounds good to YOU. Me, I’d kinda like to defend them, but I can’t, because I have no idea what they are accused of. Get it?
Posted by Lee | July 23, 2012, 2:01 amMaybe. Did the NCAA charge PSU with that? Noooooo they haven’t. So I’m not going to bother debating it. Do you suppose there is a reason that the NCAA never formally charged PSU? Think maybe because they know there isn’t an NCAA violation there?c
Posted by Lee | July 23, 2012, 2:08 amLee, if you go to the NCAA’s website, click on the link for its statement regarding Penn State and then click the link regarding the 4 questions posed to PSU back in 2011, you’ll be able to read about the numerous rules the NCAA claims PSU violated, which, by the way, PSU simply ignored. This is not, as you suggest, some ridiculous conspiracy pursuant to which the NCAA has accused Penn State of unspecified wrongdoing, tried it in absentia, and is now handing down some amazingly harsh penalty when in fact there was never an NCAA violation at all.
Posted by Louis | July 23, 2012, 2:43 amDude really? Why did you leave out like many others the one and only guy that could have stopped Sandusky when he was in the locker room hearing the boy being molested…. What was he afraid of????? Get the persons correct. His butt is not being crucified WHY… Yes it makes me so dang mad that you all forget he was THERE…. McCreery. (msp)
Posted by David | July 23, 2012, 9:23 pmDoes anyone for sure know that Penn State has prostrated itself in front of Mr. Emmert and officially accepted their sanctions? If they did, then they are fools. College football does not need a Czar such as the NFL has. I hipe that you, Mr. Buckner, can elicit some sense from the PSU Board of Trustees. I will be happy to join in a class suit against the NCAA and Mr. Emmert.
Posted by Lenny | July 23, 2012, 11:23 pmJust as usual the truth really hurts, people who can see or tell the truth. Lies are easier to swallow, right Mr President. Thank You Michael.
Posted by Doc | July 24, 2012, 3:06 pmTypical village idiot. You disgust me.
Posted by TS | July 22, 2012, 5:36 pmI am sorry you feel this way. The NCAA does not have rules (according to precedent) to address Penn State’s actions. However, as I indicated in the post, other agencies do have jurisdiction and should punish Penn State if their respective investigations and processes reach that conclusion.
Posted by Michael L. Buckner, Esquire | July 22, 2012, 5:46 pmMust need some clients, so he grand standing! Hope he makes more money soon!
Posted by AGmines | July 22, 2012, 7:19 pmYea I’ll bet you have a law Degree!
Posted by Joe | July 22, 2012, 9:18 pmTypical Lib without a logical response. And another lemming falls over the waterfall. The attorney makes a plausible argument to dispute dictatorial position the NCAA wants to take in regard to this matter.
Posted by DH | July 23, 2012, 8:57 amTypical member of an angry mob. Grab yer pitchforks folks! You disgust me.
Posted by Emily | July 22, 2012, 5:55 pmI was glad to see your article. A law suit is exactly what entered my mind. The proposed actions by the NCAA against Penn State hurts all students currently attending Penn State and local businesses. It doesn’t hurt Sandusky at all. In fact, he’s probably laughing as I write this. How do these proposed actions help the victims? I think all parents of current Penn State students and all local businesses have every right and should come together and sue the NCAA.
Posted by Sam | July 23, 2012, 6:56 amI am not a parent of a student however I am in total agreement that we all still need to come together and support the University and sue the NCAA.
Posted by betsy | July 24, 2012, 9:12 amMichael Buckner is stating facts and that disgust you. Get a life!
Posted by twest | July 23, 2012, 11:49 amMichael, As was stated the BOT of the university has agreed not to pursue legal avenues.However, that does not mean that the individual players, students, parents, both past and present, including the Paterno family can not start a class action suit seperately against the NCAA. And in my opinion you should take this up……I believe an injunction could be gotten to postpone any enforcement of sanctions until the case is settled…I am pretty sure the NCAA would be amiable to some “changes” to those sanctions…That keeps the university out of the lawsuit and the NCAA smack down in the middle of it…which is where they should not have been in the first place….act quickly please….the holier than thou personnel with an ax to grind at the ncaa are out of control
Posted by JDR | July 23, 2012, 11:56 amFor God’s sake let us have a class action suit against, not the NCAA, but Mark Emmert and anyone at the NCAA who condons his sanctions. First, only 1 of the 4 people are convicted. None of it, other than the fact that they worked for PS and 2 worked on the football program, influenced the out come of a football game or gave the football team an unfair advantage over any other school. It’s unfairly hurting me (an aging fan), the kids in the program, students, people who make an income off the program and other sports programs at PS. The 60 million that will come off the football program (and used for the other sports) will now be replaced with higher tuition or from my tax dollars. Who suffers, the students, alumni, the school, football players, businesses, tax payers and the fans. Not a single one of the four people involved will suffer from the NCAA sanctions. No, just us, we who had absolutely no control of any of these individuals.
In addition, that 60 million to be paid, could be used to help pay for the law suits from the affected victims. Again, the victims will seek compensation from PS. Here again WHY? Why not Jerry or anyone who is convicted? These are the people, not us. We the student, fan or taxpayer, who could never effect their employment.
Please! as a lawyer, please help us.
Posted by Ray | July 25, 2012, 9:44 amThank you and finally stating facts and not their opinion because of years of jealousy.
Posted by JohnQPublic | July 22, 2012, 5:14 pmThanks. We try to look at things based on facts and the law.
Posted by Michael L. Buckner, Esquire | July 22, 2012, 5:34 pmIs there any way you can step in on behalf of PSU? This isn’t good for any college program.
Posted by JohnQPublic | July 22, 2012, 5:46 pmthanks for breaking this down logically
Posted by Biff Loman | July 22, 2012, 5:22 pmThat is our goal!
Posted by Michael L. Buckner, Esquire | July 22, 2012, 5:34 pmInteresting. So can Penn State sue the NCAA?
Posted by Denise | July 22, 2012, 5:33 pmI think other universities should rally to defend PSU, (I don’t think the BOT or Ericson) will. They could be next if Mark Emmert gets his way to punish the PSU football players that had nothing to do with Jerry Sandusky or the entire Penn State community that just simply love their TEAM.
Posted by Jeff St.Cyr | July 22, 2012, 5:45 pmother universities should’ve rallied to defend USC, but they didn’t they looked to prosper from their fall
Posted by DeCovan King Cov Henderson | July 22, 2012, 6:26 pmPLEASE RALLY….the players @ PSU do NOT DESERVE to take punishment for something they had nothing to do with, no control over, and there is no reason to even talk about barring them from bowl games, regular games, or whatever else it is they do as a normal team. Coach Paterno has passed away. The big criminal in this event is in prison, his family should be punished for letting the screaming children in the basement go without help……….but not the team or the new coaches themselves!!!
The big question here is………….who has a right to hand out punishment to an innocent team? NO ONE!!! These players get one chance to go to school and play for a team like PSU, so why would they get one or two of those years knocked off for a scandal that they had nothing to do with! WHAT IS WRONG WITH THESE PEOPLE?????
Posted by Dee | July 22, 2012, 9:31 pmDee,
Well, if you read the ESPN article, you’ll see even the NCAA Infractions Committee questions the jurisdiction and wisdom of this move. We will see if Penn State will appeal or take legal action. They certainly have grounds to do so.
But yeah, I agree. This is not an NCAA issue.
-Leon
Posted by Leon Spencer | July 22, 2012, 10:10 pmIt is my understanding the media reporting that Penn State has agreed to the NCAA sanctions. So, a lawsuit is moot. As a legal counsel for other universities, I am warning the membership to protect itself. There are other agencies that can (and should) handle this type of criminal conduct much better than the NCAA.
Posted by Michael L. Buckner, Esquire | July 22, 2012, 5:45 pmIt is being reported that an unnamed Trustee is angry at the proposed sanctions. Therefore, a lawsuit may not be out of the question. What will happen is the Penn St. community will hear the santions tomorrow and then they will react. If the santions are viewed as too harsh (try reading Pat Forde, http://sports.yahoo.com/news/ncaaf–penn-state-mark-emmert-ncaa-sanctions-paterno-statue-sandusky-child-abuse.html) the Penn St. community, particularly to donors to the university, may demand a lawsuit. If Penn St. choose to file a suit, this might be the first step in the ending of the NCAA. Thanks for your legal breakdown.
Posted by Scott Whalen | July 22, 2012, 8:07 pmReally? I did not know Penn State has agreed to these sanctions. Wow. That would make sense because numerous experts including NCAA Infractions Committee folks are saying the NCAA does not have jurisdiction. Well, kudos to President Erickson if he feels this is the direction Penn State should go.
Wow. As a Big 10 alum, I am a little bit disappointed the football team and indirectly the conference will suffer because of this. I would have preferred the criminal justice system, civil proceedings, and administrative changes address this.
Posted by Leon Spencer | July 22, 2012, 10:14 pmAll would be valid points. However, per media, PSU has agreed to the sanctions.
Posted by Josepth | July 22, 2012, 5:39 pmWhat a mess.
Posted by Diane | July 22, 2012, 5:39 pmAgreed.
Posted by Emily | July 22, 2012, 5:59 pmstand firm Mr. Attorney. NCAA cannot become dictator in his.
Posted by Linda | July 22, 2012, 5:41 pmThe “typical lawyer” is absolutely right. NCAA has no right to punish Penn State. This is a legal matter not an NCAA matter. AND we caught the guy! Time to let it go and let the families heal.
Posted by Tyler Phillips | July 22, 2012, 5:42 pmThanks Mike for posting this. There are reasons for laws and the NCAA is not above them either. Is anyone thinking of these college kids and their well being.
Posted by Bobby | July 22, 2012, 5:54 pmVery interesting article. Unfortunately, I believe Penn State would be the only entity with standing to sue and there’s no chance they’ll do that because they are too afraid of bad press to assert their own rights. So absent a swift change in leadership at the school, it will be up to the next school that gets railroaded to press the matter legally. It does, however, raise an interesting with respect to the fiduciary duties of Penn State’s Board of Trustees.
Posted by Ryan | July 22, 2012, 5:55 pmSince any NCAA punishment would set a precident that applies to all member organizations, then I think other schools would have basis for challenging the NCAA.
Posted by RickJM | July 23, 2012, 12:00 am#1 -You mention bylaw 10.2 but I believe the issue at hand here is 10.1 and please explain how they did NOT violate 10.1?
#2 – I am not sure what has been explained to the membership but I am pretty sure not many people are a privy to that As far as the public – that is not required.
#3 – there is no previous precedent for this.
#4 – You failed to give an example on this
#5 – You failed to provide proof as supposedly penn st officials are informed.
In the end you cannot just go by precedent as you sometimes encounter unprecedented situations such as this and do note that Sandusky was convicted and I am not sure in how many other cases- leaders hid a criminal act to prevent public scandal for an athletic program.
You mention “Thus, an NCAA rule or decision cannot be applied unreasonably so that it creates different classes of schools. ” – Please give me an example where it creates a different class since this type of situation has not come up before.
A summary of 10.1:
2. Student-athletes shall not engage in unethical conduct (NCAA Bylaw 10.1).
“Unethical conduct by a prospective or enrolled student-athlete or a current or former institutional staff member (e.g., coach, professor, tutor, teaching assistant, student manager, student trainer) may include, but is not limited to, the following:
(a) Refusal to furnish information relevant to an investigation of a possible violation of an NCAA regulation when requested to do so by the NCAA or the individual’s institution;
(b) Knowing involvement in arranging for fraudulent academic credit or false transcripts for a prospective or an enrolled student-athlete;
(c) Knowing involvement in offering or providing a prospective or an enrolled student-athlete an improper inducement or extra benefit or improper financial aid;
(d) Knowingly furnishing or knowingly influencing others to furnish the NCAA or the individual’s institution false or misleading information concerning an individual’s involvement in or knowledge of matters relevant to a possible violation of an NCAA regulation;
(e) Receipt of benefits by an institutional staff member for facilitating or arranging a meeting between a student-athlete and an agent, financial advisor or a representative of an agent or advisor (e.g., “runner”);
(f) Knowing involvement in providing a banned substance or impermissible supplement to student-athletes, or knowingly providing medications to student-athletes contrary to medical licensure, commonly accepted standards of care in sports medicine practice, or state and federal law. This provision shall not apply to banned substances for which the student-athlete has received a medical exception per Bylaw 31.2.3.5; however, the substance must be provided in accordance with medical licensure, commonly accepted standards of care and state or federal law;
(g) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or an institution’s admissions office regarding an individual’s academic record (e.g., schools attended, completion of coursework, grades and test scores);
(h) Fraudulence or misconduct in connection with entrance or placement examinations;
(i) Engaging in any athletics competition under an assumed name or with intent to otherwise deceive; or
(j) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or the institution’s athletics department regarding an individual’s amateur status.”
Please note the following “may include, but is not limited to,”
Posted by CJ | July 22, 2012, 5:57 pmA summary of 10.1:
2. Student-athletes shall not engage in unethical conduct (NCAA Bylaw 10.1).
I can’t believe I have to ask the OP this question, but since he brought it up, there must be a student athlete involved. Please explain what student athlete was involved in this?
Posted by RJ | July 22, 2012, 6:07 pm“Unethical conduct by a prospective or enrolled student-athlete or a current or former institutional staff member (e.g., coach, professor, tutor, teaching assistant, student manager, student trainer) may include, but is not limited to, the following….” – It states staff members as well.
Posted by CJ | July 22, 2012, 11:31 pmnone of those ethics breaches you listed occurred at Penn State
Posted by Biff Loman | July 22, 2012, 6:09 pmThe bi-law states:
“…may include, but is not limited to…” – That broadens the interpretation to not just the ones listed after it.
Posted by CJ | July 22, 2012, 11:31 pmWhy would Penn State accept the sanctions if they are not legally bound to? If the NCAA has no grounds, why are they doing this? Please advise…
Posted by Emily | July 22, 2012, 5:57 pmNotre Dame, you are on the clock … http://www.care2.com/causes/notre-dame-freshman-commits-suicide-after-being-raped.html Player was on field 2 months later. Plus there was another player that called the victim and threatened her between the rape and her suicide who was also not punished. Not to mention the lack of oversight regarding the Declan Sullivan tower collapse death. Yep, precedents can be ugly.
Posted by Michael Xavier | July 22, 2012, 6:24 pmPenn State should show wait until criminal hearings are concluded before giving in to the mob. There are so many variables to this mess. Corbett, Board of Trustees, Second Mile, 98 incident and the state police/state of PA…when will these entities be looked into? This investigation has barely scratched the surface and the Freeh Report conveniently put all blame on Paterno. What a sad day in hell when Americans are not offered due process and basic constitutional rights.
Posted by Ted Beneke | July 22, 2012, 7:00 pmThe Freeh report did not place all the blame on Paterno. It clearly spread blame around from the President on down to Shultz, Curley and Paterno
Posted by JB Briggs | July 23, 2012, 1:29 pmWay to go! What ever happened innocent until proven guilty? Oh thats right Joe Paterno never got a chance to tell his side of the story, they even cancelled his press conference.
Posted by betsy | July 24, 2012, 9:23 amLET IT GO STOP ACTING LIKE CHILDREN…. JERRY WAS FOUND GUILTY IT;S FACTUAL/////////PA PATERNO DID AN AWFUL LOT FOR PENN STATE MORE THAN ANY ONE ELSE HAS DONE. ARE YOU PEOPLE JEALOUS OF HIM? IS THAT WHY YOU KEEP TRYING TO GET HIM FOR EVERY LITTLE THING? YOUR SO BITTER CHILDISH..JEALOUS…VENDICTIVE,,,,,IT’S REALLY SICKENING TO KNOW YOU CAN;T JUST LET IT DROP…
Posted by GIDGET | July 22, 2012, 7:00 pmYour argument is almost as bad as your grammar.
Posted by TrojanJS | July 22, 2012, 7:07 pmWould such a rogue means to sanctions lead other schools to sue the NCAA? I’d think other schools would be scared out of their pants that the NCAA thinks it can now randomly punish schools for random things, no matter the subject.
Posted by Tom Hoffman | July 22, 2012, 7:35 pmMichael, I agree. But you don’t even need to look at the constitutionality of the NCAA actions. Several current and former members of various NCAA committees, e.g. Committee on Infractions, have questioned the jurisdiction and wisdom of the NCAA actions:
“The chair said that the NCAA is choosing to deal with a case that is outside the traditional rules or violations. He said this case does not fall within the basic fundamental purpose of NCAA regulations.”
“Emmert has been given full reign by the pansy presidents (at other universities) to make his own decision,” said the trustee, who spoke on condition of anonymity. “He has been given the authority to impose these unprecedented sanctions. It’s horrible.”
“A former Committee on Infractions chairman and current Division I Appeals Committee member told ESPN.com’s Andy Katz the NCAA’s penalizing of an institution and program for immoral and criminal behavior also breaks new ground.”
“The former chair, who has been involved with the NCAA for nearly three decades, said he couldn’t use his name on the record since the case could come before him and the committee he still serves on in an appeals process.”
“The chair added that the only connection to athletics was that the department was lenient to Sandusky and that some of his crimes were committed at the Penn State football facility.”
“The purpose of the NCAA is to keep a level playing field among schools and to make sure they use proper methods through scholarships and etcetera. This is not a case that would normally go through the process. It has nothing to do with a level playing field.”
“”The criminal courts are perfectly capable of handling these situations,” the former chair said. “This is a new phase and a new thing. They are getting into bad behavior that are somehow connected to those who work in the athletic department.
I hope Penn State University will appeal and/or take legal action against the NCAA.
Posted by Leon Spencer | July 22, 2012, 8:30 pmArticle 2.4: The Principle of Sportsmanship and Ethical Conduct
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of higher education and to promote civility in society, student-athletes, coaches, and all others associated with these athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility. These values should be manifest not only in athletics participation, but also in the broad spectrum of activities affecting the athletics program. It is the responsibility of each institution to: (Revised: 1/9/96)
(a) Establish policies for sportsmanship and ethical conduct in intercollegiate athletics consistent with the educational mission and goals of the institution; and (Adopted: 1/9/96)
(b) Educate, on a continuing basis, all constituencies about the policies in Constitution 2.4-(a)
Article 6.01.1 Institutional Control
The control and responsibility for the conduct of intercollegiate athletics shall be exercised by the institution itself and by the conference(s), if any, of which it is a member. Administrative control or faculty control, or a combination of the two, shall constitute institutional control.
Posted by It is sad when love for a football program crushes rational thinking | July 23, 2012, 2:27 amlove how you focus on rules “according to precedent.” please share the precedent the head coach, Sr coaching staff, senior university admin all conspired to look the other way while a child rapist used their facility to lure his victims that this should be compared to. . They at not imposing legal punishments – just ones that fall under the association they run. They clearly claim power to hold institutions accountable to values of higher education. They can always quit the NCAA.
Posted by pipes | July 22, 2012, 9:00 pmUVA men’s lacrosse: a player drunk off his rocker after an “unofficial” all day father/son golf tournament beat his estranged fellow student-athlete girlfriend to DEATH and a week later the team participated in the NCAA tournament. The player was allegedly on cocaine and crystal meth, both NCAA BANNED SUBSTANCES and had been previously disciplined by the head coach for various physical altercations including against his own teammate. Dom Starsia, by all accounts, is a good man yet he “looked the other way” and a student-athlete died and the guilty is now forever behind bars….why no rush to judgement? why did UVA participate the next week in the tourney?
Other the other hand at Duke, players were falsely accused of RAPE during a team organized stripper night and before a trial could play out 200 news vans were on their campus with pitchforks; the season was cancelled and the coach was fired. The falsely accused, many of the players, and the coach won large legal settlements and every player on the team (a team that hired strippers for a fun team night) were granted an extra year of eligibility because the missed a season.
Posted by Steve Favreau | July 22, 2012, 9:52 pmThis is not an NCAA issue. That is why President Emmert had to side-step the NCAA Infractions Committee and due process. Several NCAA Infractions Committee members have advised there is no NCAA jurisdiction and Penn State could make a clear case on appeal. However, Michael is saying Penn State agreed to the sanctions. If that is the case, this is a done issue.
Posted by Leon Spencer | July 22, 2012, 10:17 pmI do not know first-hand that Penn State agreed to the sanctions, but was sharing what a member of the media gathered from his/her sources. We will find out tomorrow about Penn State’s response, however.
Posted by Michael L. Buckner, Esquire | July 22, 2012, 10:36 pmAppears there is already an agreement on sanctions with PSU. From BusinessWeek, “In addition to the fine, the NCAA may ban postseason play for football or all sports for multiple years and strip the school of scholarships. Penn State won’t appeal its punishment, the Harrisburg Patriot-News reported on its website.”
Posted by Leon Spencer | July 23, 2012, 12:29 amDoesn’t the NCAA have statue requiring “ethical conduct” and another regarding a “lack of institutional control”? Couldn’t Penn State be penalized for violating those statues?
Posted by Boston | July 22, 2012, 9:22 pmAuburn won a national championship after the star quarterback’s father was given $200,000 (i think that much but may incorrectly recall)… unknowingly to the player and the school…..please, that whole town knew the bought the player as Charles Barkley has admitted to offering a young German Dirk Nowitski a blank check…here is the anecdote from Barkley’s own mouth: “We’re on one of those Nike trips and I had Scottie Pippen and Gary Payton, and a bunch of great players,” Barkley recalled. “Dirk had 28 at halftime. He was like 16 years old. He finished up with about 42. I told him ‘You name your price, you’re going to Auburn University.’ I said ‘Here’s a blank check, just fill it in. Just fill it in. You’re going to Auburn.’ He said ‘I gotta go into the army.’ I took his information, called a couple months later, and Don Nelson drafts him for the Mavs. You know how great we would have been? Can you imagine how great Auburn would have been if we had the white mamba?”
http://larrybrownsports.com/basketball/charles-barkley-was-willing-to-write-dirk-nowitzki-blank-check-to-play-at-auburn/69025
Posted by Steve Favreau | July 22, 2012, 9:55 pmRead the ESPN article citing the NCAA Infractions Committee. The NCAA does not have jurisdiction. So basically, the Board side-stepped the Infractions Committee, allowing Present Emmert to rule without precedent.
What people misunderstand about “Lack of Institutional Control” is it a “determination”, not a violation. It is a determination made from numerous NCAA violations involving student-athletes or the supervision and recruiting thereof. You just cannot say a university is poorly managed. It has to be with regards to defined NCAA violations.
Anyway, the NCAA had attempted to work around this. And Michael is advising Penn State agreed to the sanctions. Very disappointing.
Posted by Leon Spencer | July 22, 2012, 10:22 pmYou think any of them have read the rule? LOL. How shocked would they be if they actually READ it? LOIC has NOTHING to do with how its being thrown around. And the Head of the NCAA is throwing it around! That’s the most shocking thing of all of this. YOU CAN’T HAVE LOIC UNLESS THE COMMITTEE HAS FOUND MAJOR INFRACTIONS. Its right there in the rule. The rule is there to make sure schools have adequate compliance departments, and has NOTHING to do with how an athletic department is run. You people should read something next time, before you go bashing people over the head with it.
Posted by Lee | July 23, 2012, 1:44 amAnd based upon the ethics bylaw (NCAA 2.4), the NCAA is well with their right to punish Penn State for the violation.
Posted by You do the crime, the program does the time | July 23, 2012, 2:01 amMaybe. Maybe not. If so, why hasn’t the NCAA charged PSU with it? The truth is that, yeah, you could creatively twist the ethics thing around and use some tortured logic to use it in a way it was never intended or been used before. But why? Do you really want the NCAA to go around being ‘ethics’ police, or the REAL police as it seems in this case. PSU’s problems don’t have a thing to do with the NCAA, which exists to ensure FAIR PLAY. Their involvement is bizarre. Their (non)investigation is bizarre, and their ‘deal’ with PSU is bizarre.
Posted by Lee | July 23, 2012, 2:17 amIt isn’t bizarre at all. Membership to the NCAA is not a right and comes with certain ethical obligations. If Penn State wants to retain its membership in the NCAA, it is subject to the NCAA bylaws and there are several that pertain to ethical behavior.
The only things that are bizarre is that an attorney, who specializes in NCAA matters, is seemingly unaware of the NCAA bylaws and the crying about “due process” when the two parties have come to a settlement re: punishment.
It is easy to see who the adult are in the room.
“The players have a choice; the damn kids [the victims] didn’t.” – Desmond Howard
Posted by It is sad when love for a football program crushes rational thinking | July 23, 2012, 1:50 pmI hate to say, but we all know the NCAA interprets rules as they want to. Cam Newton’s dad got the money and Cam didn’t know? Please
Posted by amy | July 22, 2012, 9:25 pmWhile the NCAA may be accused of grandstanding with their intervention here, are you not guilty of the same in opining on the matter before you even have any facts upon which to form a legal opinion?
With regards to point #2 (“The NCAA did not establish and publish a process and procedure to address the issues relevant in Penn State’s case. Instead, the NCAA is utilizing an ad-hoc process that has not been explained fully to the membership or the public.”), I have two questions:
1. As a private organization, what obligation does the NCAA have to the public?
2. As a member institution, is Penn State University not at least implying agreement to the bylaws and constitution of the organization, since it is already being speculated that Emmert will cite Article 2.4 AND the special provision allowing him to act with the approval of the board of directors?
And on point #4, what examples do you have to make this claim? I know that in the similarly high-profile Duke lacrosse case, for example, the NCAA did not act since the criminal investigation and charges were already ongoing, the coach had resigned, and the university had suspended the remainder of their season. I am led to believe that since those self-enforcement steps were taken, the NCAA had no cause. What has Penn State done other than to sweep the initial allegations under the carpet and carry on after Paterno vetoed any further action?
Posted by Derek | July 22, 2012, 9:38 pmHe has plenty of facts upon which to base a legal opinion. Has the NCAA formally accused PSU of anything? No. Is the NCAA attempting to utterly dispense with any and all due process? Yes. This BS is patently offensive. If the NCAA gets away with it, what comes next? They don’t even have to give you a hearing when they convict you of an unknown rule that you didn’t even break.
Posted by Lee | July 23, 2012, 1:40 amWhat do they formally have to accuse Penn State of? Are we debating that there was child molestation by a representative of the football program that was covered up by university administrators?
The behavior is a clear violation of the ethics bylaw… Penn State should be nuked.
Posted by It is sad when love for a football program crushes rational thinking | July 23, 2012, 2:05 amNo. You are missing the point entirely. We are arguing that there should be due process. How hard of a concept is that for you to grasp? You hear the words ‘child molesting’ and all reason and logic goes out the window. Go grab a torch and a pitchfork and head on down to Happy Valley. Have fun storming the castle.
Posted by Lee | July 23, 2012, 2:21 amYou are missing the point. The PSU BOT wants this to go away andis willing to accept penalties.
Posted by George | July 23, 2012, 7:26 amAnd I repeat…….Emmert is invoking part of the NCAA bylaws that allows him to act with the approval of the Board of Directors. Penn State as a member institution knows this – or at least they should, unless they joined without reviewing the fine print. Ignorance of the NCAA’s ability to act in this case is not a defense.
Posted by Derek | July 23, 2012, 1:50 pmSince the Jerry Sandusky scandal came to light eight months ago, PSU removed the University President, Football coach and staff, VP Schultz and the AD, Curley. They hired Louis Freeh to conduct a private internal investigation and paid for said investigation. Which is unprecedented in any organization in this country; not just at a university. They have offered an environment of total transparency. They have placed a completely new football staff. They have opened a Child abuse program at their medical school at Penn State Hershey Medical center.The Head of the BoT has stepped down.They have removed the statue of JVP from Beaver stadium…. it isn’t like they have been inactive-
Posted by CC | July 23, 2012, 6:58 amOnly because they got caught, and are trying to save their pathetic selves.
Posted by Mike Steeves | July 25, 2012, 10:45 amGrow up Mike and quit parroting the media.
Posted by Lenny | July 25, 2012, 1:03 pmIt is clear the NCAA is trying to profit from this, but it certainly make leadership’s books loom good in the face of the face of a bad recession. I have no confidence that mark emmert will not personally profit if these fines are paid, in the format of bonuses and variable comp. This is a criminal matter and unless the institution had written policies directing a cover up then these are the actions of criminals and the shield of an institution must be lifted and the individual punished. If Penn State is fined then criminal individuals will not change their behaviors. I have until individuals are held accountable for their actions will behaviors change
Posted by Matt | July 23, 2012, 12:20 amNCAA bylaws in question…
Article 2.4: The Principle of Sportsmanship and Ethical Conduct
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of higher education and to promote civility in society, student-athletes, coaches, and all others associated with these athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility. These values should be manifest not only in athletics participation, but also in the broad spectrum of activities affecting the athletics program. It is the responsibility of each institution to: (Revised: 1/9/96)
(a) Establish policies for sportsmanship and ethical conduct in intercollegiate athletics consistent with the educational mission and goals of the institution; and (Adopted: 1/9/96)
(b) Educate, on a continuing basis, all constituencies about the policies in Constitution 2.4-(a)
Article 6.01.1 Institutional Control
The control and responsibility for the conduct of intercollegiate athletics shall be exercised by the institution itself and by the conference(s), if any, of which it is a member. Administrative control or faculty control, or a combination of the two, shall constitute institutional control.
Article 6.4: Responsibility for Actions of Outside Entities
6.4.1 Independent Agencies or organizations. An institution’s “responsibility” for the conduct of its intercollegiate athletics program shall include responsibility for the acts of an independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization when a member of the institution’s executive or athletics administration, or an athletics department staff member, has knowledge that such agency, corporate entity or other organization is promoting the institution’s intercollegiate athletics program. (Revised: 2/16/00)
6.4.2 Representatives of Athletics Interests. An institution’s “responsibility” for the conduct of its intercollegiate athletics program shall include responsibility for the acts of individuals, a corporate entity (e.g., apparel or equipment manufacturer) or other organization when a member of the institution’s executive or athletics administration or an athletics department staff member has knowledge or should have knowledge that such an individual, corporate entity or other organization: (Revised: 2/16/00)
(a) Has participated in or is a member of an agency or organization as described in Constitution 6.4.1;
(b) Has made financial contributions to the athletics department or to an athletics booster organization of that institution;
(c) Has been requested by the athletics department staff to assist in the recruitment of prospective student athletes or is assisting in the recruitment of prospective student-athletes;
(d) Has assisted or is assisting in providing benefits to enrolled student-athletes; or
(e) Is otherwise involved in promoting the institution’s athletics program.
6.4.2.1 Agreement to Provide Benefit or Privilege. Any agreement between an institution (or any organization that promotes, assists or augments in any way the athletics interests of the member institution, including those identified per Constitution 6.4.1) and an individual who, for any consideration, is or may be entitled under the terms of the agreement to any benefit or privilege relating to the institution’s athletics program, shall contain a specific clause providing that any such benefit or privilege may be withheld if the individual has engaged in conduct that is determined to be a violation of NCAA legislation. The clause shall provide for the withholding of the benefit or privilege from a party to the agreement and any other person who may be entitled to a benefit or privilege under the terms of the agreement. (Adopted: 1/10/95)
6.4.2.2 Retention of Identity as “Representative.” Any individual participating in the activities set forth in Constitution 6.4.2 shall be considered a “representative of the institution’s athletics interests,” and once so identified as a representative, it is presumed the person retains that identity.
Posted by Philliyo | July 23, 2012, 12:42 amNot only should the NCAA punish Penn State for the active cover up of child molestation, it is rather obvious that it is within their jurisdiction. They were clearly in violation of the ethical conduct by-law and will be punished accordingly.
Posted by FSU Law is a 3rd Tier Toilet | July 23, 2012, 1:58 amNone of your argument matters if the BOT already agreed to penalties.
Posted by George | July 23, 2012, 7:27 amI find the NCAA’s actions regarding PSU to be nothing short of bizarre. The same organization which told us that they could not penalize Auburn because Auburn had paid a player’s FATHER instead of the player, because of how STRICTLY THEY CONSTRUE their rules, now goes rushing into the scene of a massive cover-up and …. They dispense with ALL of their procedures and announce a punishment without even giving notice of the allegations?! What the Hell has the NCAA become? A media hound? A rogue shark? A Saturday Night Live skit? Here’s a tip, NCAA: When investigating a cover-up, do it by the book. Don’t throw your book out the window and announce an arranged punishment without even telling us which one of your regulations was supposedly broken. It just kinda, sorta makes you look like you are taking part in the cover-up.
Posted by Lee | July 23, 2012, 1:33 amWow what the hell have you been drinking. Try some real facts next time. Auburn paid no money to anyone, twit.
Posted by fuuuuuu | July 23, 2012, 2:57 amSome time today, the NCAA will announce harsh sanctions against Penn State and Penn State will announce that they accept the sanctions and we will all move on and quit arguing and remember that this is about justice for the victims and justice cannot be served unless a penalty is levied against a football program that placed football ahead of the well-being of young men. Let the healing begin.
Posted by Mike | July 23, 2012, 9:27 amDo you believe that current players at PSU would have standing to fight the NCAA in court?
Posted by Deb | July 23, 2012, 1:33 pm“I wish people would stop talking about giving Penn State football the death penalty and taking down the statue of Joe Paterno. Yeah, I had to submit to Mr. Sandusky 11 years ago. At that time I had no idea what was happening to me, but I did know it was abnormal and strange. Now I would like to move on with my life. But if they take away Penn State football, or take down the statue, that would not make me feel any better. In fact, it would hurt me very much. I love Penn State, and I love Joe Paterno. He did so much good for so many people, and Penn State is such a great University with awesome traditions. It would hurt me every day for the rest of my life knowing that my testimony was responsible for all this. Can people please let Penn State and the rest of us heal?” –Victim #12
So can you all move on with your lives? Let this boy heal!
Posted by LET THE VICTIMS HEAL | July 23, 2012, 1:48 pmYour voice needs heard more often. I too was a victim. Not there but in my past. Too many think they are helping when they are only grandstanding on my back. I would wish the victims would speak up and tell everyone what they want to happen. It would make all the mind readers stop.
Posted by leeann witman | July 23, 2012, 6:39 pmWill your law firm be willing to file a class action suit on behalf of current (and possibly former) Penn State students to oppose these actions by the NCAA? Possibly the current administration should be part of that suit since they’re unwilling to fulfill their legal responsibilities by fighting these grossly illegal sanctions?
Posted by harold | July 23, 2012, 2:25 pmI am sorry that molesting boys, then lying about not knowing about, while the rapist is still out there (and was allowed to have access to the universities facilities) is not written in the rule book.
This is hands down the worst scandal in the history of college sports and you are upset with the way the NCAA handled this issue?
Posted by Ryan | July 23, 2012, 3:06 pmThis horrible matter has now taken a different route….NCAA had to take the matter to a worse level and that is the possibility to punish the youngsters of their privilege to play football with all it’s scholarships and grants. I know maybe not a simular situation but ”We are Marshall” movie to heal Penn State need football !!!
Posted by Michel Giroux | July 23, 2012, 3:42 pmCan the Penn State Alumni sue the NCAA if the school won’t?
Posted by wr | July 23, 2012, 4:18 pmGiven the NCAA’s lack of due process and lack of ability to abide by its own rules, I think a class action lawsuit on behalf of the current players, business owners in State College and surrounding areas, alumni, and fans of the school is in order. My school has been exposed because of the actions of a few men who acted reprehensibly in a time that required common sense and guts, much like the NCAA’s actions today.
I am not so much furious over the quantum of the punishments that the NCAA doled out today; rather, I am abhorred by the NCAA’s blind acceptance of the Freeh report as fact – which ironically is the same report that caught so much flack when it is was ordered by the Penn State Board of Trustees because of the presumed lack of impartiality of the report and its investigators. Freeh himself stated that his report was not held to the same high standards as required by a legal/criminal proceeding, yet in a matter of days the NCAA was able to make a rash, PR-driven decision to endorse crippling action without offering Penn State a true opportunity to respond to the as-yet unsubstantiated “facts” surrunding Paterno’s actions and the role of the football program in this whole mess.
In no way do I condone the actions of the previous Penn State administrators, nor do I agree with Penn State’s response today. It appears to me that Penn State is happy to have the focus be on Paterno and what he should have done, lest the spotlight be turned to where it should be – squarely on Spanier and the Board of Trustees in place during the many years that these actions were kept under wraps. As the saying goes, “the buck stops here” – but apparently the Board of Trustees did not take that responsibility seriously or they would not have allowed University employees to keep things under wraps for so long.
I believe as a result of its actions today, it is now time to expose the NCAA for what it is – a kangaroo court which cares not so much about promoting a symbiotic relationship between athletics and academics. Rather, it’s fundamental core remains to enable its member institutions to make loads of money on revenue-producing athletics (i.e. football and basketball) with little regard to the academic portion of the equation as evidenced by the number of schools who barely, if even, graduate half of their basketball and football athletes, and yet are allowed to compete on the biggest stages for staggering sums of money year after year.
The actions of so many (Penn State adminsitrators, Board members, Paterno (?), and last but not least, the NCAA and its now dictatorial leader) have been lacking in morality, ethics, and common sense. Collectively these actions have been utterly disappointing on many levels. However, none of this ever would have come about if not for the reprehensible actions of Sandusky – and yet, somehow he has now become a footnote to this whole disatrous situation. The focus now lies not with him, nor more importantly with the victims of unspeakable abuse, but with a dead football coach and the punitive actions of an organization hell-bent on promoting an image of swift justice, while ignoring the fundamental principal guiding the American legal system – due process of law.
Pathetic, all around…
Posted by Andy | July 23, 2012, 4:40 pmTo all of the PSU apologists… you are hurt. You were betrayed by the ones you adored, and now you are in denial and angry at everyone else. Like many other universities across this country, PSU developed a culture of football worshipping; it maintained and fostered that culture; the students donned their blue-and-white spiritwear each Saturday of each Fall season for decades upon decades. Your football program, the most revered institution within your institution, now has failed you, not the NCAA. The PSU leaders and coaches, and all of those involved in conspiring to hide Sandusky’s atrocities all failed you.
The Nittany Lions have been defined by the football program for generations, and all of the students, faculty, alumni, and administrators bought into it. The current players and incoming freshman recruits drank at the fountain of the football gods of PSU, and now the champagne has turned to vinegar and the statues are tarnished. It is a known risk and a tough life lesson for them and for all of you. One other lesson you should have learned from football is that you win as a team and you lose as a team. When a linebacker misses a tackle and lets up a game-winning touchdown, then whole team loses the game; not just the defense, not just that player. Everyone, including the placekicker and the quarterback and the coaches, and all of the supporters from the cheerleaders to the fans must accept the loss.
This heinous scandal — unprecedented, as other commenters have noted — has delivered a punch that knocks the wind out of the collective soul of the PSU faithful, and yet now you want to attack the NCAA, attack the media, and attack anyone who dares treat PSU as a team. This is a big loss for PSU, but the entire team must accept the consequences of it. For the past year, I’ve read the various columns, blogs, and web posts that pronounce unequivocally: We Are Penn State. Now I read this Buckner blog and many of the comments attached thereto, and I hear: We Are Not Penn State Football – That’s a Different Penn State; We Are A Divided Group And We No Longer Win and Lose As a Team. Is that really the lesson and legacy that Joe Pa left with you?
Those whom you trusted to manage the university and to oversee the football program have failed you. Not the NCAA. You are hurt and embarrassed, but these sins were made possible by the culture created and sustained at PSU. Don’t mask the pain by blaming the NCAA. Step up and be the proud culture you have always claimed to be. Step up and show the community, the NCAA, and the nation how responsible members of an elite university deal with and manage an unprecedented scandal. Show how strong women and men acknowledge and accept the sanctions, then rebuild and restore a reputation.
But don’t deny the role of the culture in this, and don’t blame the NCAA and call it the enemy. In the end, you won’t be defending the honor of PSU, but rather that of the fallen ones whom you once trusted and who in the end failed to uphold that trust. If you defend the indefensible, you will never rise above, and you’ll be mired in bitterness for a long time. Mr. Buckner’s efforts would be better served through healing and growth than through anger and denial. Don’t just be the example of what happens to a university when it gets rocked to the core with scandal; be the example of how to manage it with dignity, class, and responsibility. Be Penn State.
Posted by pjg66 | July 23, 2012, 4:44 pmI hope that you follow through. The NCAA has basically made victims of a different sort trying to punish state for Sandusky’s victims. They need to be held accountable. I agree but not on the back of a dead man, the public opinion or on the futures of young adults. Please, I believe that the alumni and also (if spoken to) Frank O’ Harris, Schuler, Emission and a few others would assist and back. The aluminum need a voice. Please be this. The young players and students need a voice. They denied a voice to the victims and look what has happened. Do not remain silent for these new ones.
Posted by leeann witman | July 23, 2012, 6:30 pmThe rule they broke was loss of institutional control of the football program regardless of any due process the point they are making is that this is bigger than football and Penn state looked passed it to preserve their football program and their reputation they disregarded the children so the NCAA needs to punish them and needs to change Penn states culture cus obviously they take it too far football is just a game and they put it over these CHILDREN’S lives and it wasn’t like it was a one time occurance it went on for decades personally I think they took it easy on them allowing them to at least play football still
Posted by comeonbro | July 23, 2012, 10:41 pmDear Mr. Buckner … please take on a leadership role in challenging these sanctions. The leadership at Penn State is either incapable or unwilling to take a stand. The responsibility for leading Penn State through this mess must come from those outside the walls of the university. As a business owner who has bet their life savings on the historically sound economy of Centre county, I implore those in a position such as yours to step forward and help. The sanctions did not punish those responsible for the abuse of those children nor the cover-up, rather the sanctions punished everyone but those individuals. I ask the legal community to come together and shine a light on the injustice of these sanctions.
Posted by Ansel Easton | July 24, 2012, 2:38 pmFrom an outsider it seems that the NCAA has a God complex and feels they can do whatever they please; like they’re the nation’s self-appointed judicial system. It feels like the NCAA has way over-stepped their bounds and is punishing the innocent; the fans, the contributors, the current athletes.
Posted by Diane Harris | July 24, 2012, 6:53 pmWhat’s amazing here is that so many people are willing to excuse the moral corruption that permeates the entire PSU football ‘world’. Is the damned game so important that you’re willing to excuse decades of lying, cheating, and just down home slimeball behavior? Of course it is. Otherwise we wouldn’t see all this whining about how PSU’s getting screwed.
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