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McCombie’s Letter to the BoT

Posted on May 30, 2013 Written by The Nittany Turkey

The following letter was sent yesterday by PSU trustee Ryan McCombie to Keith Masser, Chairman of the Board of Trustees. It was subsequently forwarded to the PS4RS mailing list. It is certainly worth sharing.

May 29, 2013

Dear Chairman Masser
Board of Trustees
The Pennsylvania State University Board of Trustees:

Early tomorrow, a group of current Trustees, faculty members, former student-athletes, former coaches and others, including members of the Paterno family, will file a civil action against the NCAA regarding the unlawful manner in which the Association, its President Mark Emmert and former Chairman Ed Ray acted to impose the excessive and unreasonable sanctions against The Pennsylvania State University.

I have spent much of my adult life overseas, most often in third world countries, working and fighting to preserve the freedoms that all Americans enjoy. The greatest distinguishing factor between countries in which there is some freedom and those where authoritarian government manages personal behavior is the rule of law.

The rule of law is a three-legged stool on which freedom sits: (i) The first leg requires that all laws be enacted in advance of the behavior they seek to regulate and be crafted and promulgated in public by a legitimate authority; (ii) the second leg is that no one is above the law and no one is beneath it, and (iii) the third leg requires that the laws not be changed retroactively or without notice by those who enforce them. (excerpted from Judge Napolitano, JW Review article of 19 July 2012).

I believe that the NCAA has violated all three of these principals. ???? ????? I further believe that as the Penn State situation demonstrates, the NCAA is an out-of-control monopoly and that it has used its excessive power to threaten and bully its members.

The NCAA states that it is a voluntary organization and mandates that each voluntary member abide by its rules, decrees, sanctions and penalties or withdraw from the Association. This is disingenuous. The NCAA has a stranglehold on major college sports. A University cannot play sports on the national stage without membership in the NCAA. Therefore, the NCAA is a monopoly. ???? ???? ????

This lawsuit is being filed only after much thought and careful reflection. I have had many passionate conversations with Penn State faculty and staff, some of whom have asked to “just allow us to move on for the sake of our students.” I have heard the pleas of President Erickson and former Chairwoman Peetz of the Board of Trustees to do likewise. I understand that all of these dedicated professionals want to go on with their mission of educating our students. I also understand the risk that the NCAA may attempt to increase or enhance the sanctions unless we simply capitulate and surrender without complaint. However, I believe that there is a greater lesson here. Our fundamental civil rights are tenuous and fragile. If we do not stand up and defend them, we risk losing them. If we do not act to defend the civil rights of others, we risk losing our own.

I do believe that the principles contained in the NCAA-required “Athletics Integrity Agreement” are a matter of good governance for any University. Nevertheless, as difficult as our present circumstances are, I believe we have an obligation to ensure that our students understand that there are risks and potential adverse consequences in not standing up for fundamental rights.

I also believe we have an obligation to our faculty and alums to find the core truth of what may have happened at their alma mater and take steps to ensure that appropriate punishment is imposed for those guilty of committing criminal offenses. ???? ????

Americans are a fair-minded people and we have an obligation to ensure that fairness, due process and the rule of law is honored and fully supported.

For these reasons and others, I have agreed to participate in filing and prosecuting this civil action against the NCAA.I do not seek a predetermined result and have no idea what the outcome will be. If there is blame to be borne by any of our officials, a due process hearing will not hide the facts and we will accept the judgments that follow. There have been a great many mistakes made in this tragic and unfortunate situation, which began with the shameful victimization of young children by one man. However, these mistakes are compounded by an organization that has become too powerful, too thirsty for positive media attention, and too willing to use its authority in a manner that went well beyond its charter, by-laws or established precedent.

Respectfully,

Ryan J. McCombie
Member, Board of Trustees
The Pennsylvania State University

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Filed Under: Penn State Scandal Tagged With: board of trustees, Joe Paterno, lawsuit, NCAA, Ryan McCombie

Laser Focus: Ch-ch-changes!

Posted on May 6, 2013 Written by The Nittany Turkey

As an alumnus, I was bemused by an email this morning from Penn State president Rod Erickson. Here’s what he said:

Dear Penn State Community:

Recently, a number of groups across the Commonwealth have called for changes in the University’s governance structure. For more than 157 years, shared governance among the Board of Trustees, the administration, and the faculty has allowed our University to thrive and become one of the top research universities in the world. As you know, this has been a year of tremendous change at Penn State. Its governing body, the thirty-two-member Board of Trustees, also is changing.

Driven by the desire to do what’s in the best interests of the University, the Trustees on May 3 adopted a number of changes to Penn State’s charter, bylaws, and governance structure. These changes will help ensure the highest standards of excellence and a process of openness that will provide a clearer path forward in fulfilling our important mission of teaching, research, and public service.

Notably, these are living documents that were crafted to include a process for change; indeed, the Board has revised those documents more than twenty times in the past twelve years.

Another significant document connected with change is “A Vision for Penn State: A Report of the Blue and White Vision Council,” which explores the challenges, opportunities, and strategies for the University in the years ahead. The Vision Council, made up of members of the Board of Trustees and the University community, is integral to the future of the University.

I’d like to share with you these significant changes that promise to play a critical role in our future as a University and in the future of generations to come. As always, I hope these communications from me provide you with timely and important information about Penn State. Thank you for being a part of our University.

RODNEY ERICKSON

It appears that what Erickson is attempting to do is portray the Board of Trustees as a dynamic, forward thinking governing body that is responsive to the needs of the community. The BoT’s recent changes that seemingly serve to concentrate power inspired Erickson to put out this piece of colorful prose, no doubt, and his opening sentence suggests that he knows that the changes will piss off “a number of groups across the Commonwealth.” This seems to be pointed at PS4RS, from this naive turkey’s point of view.

So, what are the BoT changes? Funny you should ask. For a quick synopsis, if you read Big Al’s comment on my previous post, you’ll get an inkling — expressed in Al’s own gloves off, balls-to-the-wall style. For more detail, a Penn State press release will clue you in to the whole pile of changes. However, if you’re too busy to click on any of those links, here is a list of changes:

  • The governor and University president will now serve as non-voting ex-officio members. (They used to vote)
  • The president is no longer automatically secretary of the board. That position will be elected.
  • Three-year term limits for all trustees, not just elected ones. [The wording is confusing in the press release, but I think this means terms, not term limits. See the next sentence. —TNT] Term limits for trustees other than ex-officio trustees will be 12 consecutive years.
  • The number of voting trustees is reduced to 30: nine elected by alumni, six appointed by the governor, six elected by agricultural societies across the state, six represent business and industry and are selected by the BoT, and three are ex-officio members (Secretary of Education, Secretary of Agriculture, and Secretary of Conservation and Natural Resources).
  • Provision for term limits now applies to the vice chair (but not the chair!).
  • Former University employees need to wait five years before serving on the BoT, up from three.
  • Former Commonwealth “row officers” must wait five years before becoming trustees. (A row officer is a county official. This is kind of unique to Pennsylvania.)
  • There is now a section describing the process for removal of a trustee. (This is a major controversial point, which seemed to be aimed at suppressing dissent on the board. It is half of the “Lubrano Rule” — nicknamed for an outspoken trustee — with the other half being that directors will not make publicly negative statements about board decisions. This section gives that gag rule teeth. I wrote about this back in March. Following is an excerpt from that post.)

    It is interesting that with the election forthcoming, the BoT is considering proposals to reduce the size of the board, to put gags on members, and be empowered to kick people off the board who speak out. Here is the exact wording of the proposal that would restrict the free speech of board members:

    “It is expected that each Trustee will… Speak openly, freely and candidly within the Board and publicly support decisions reached by the Board; it being recognized and understood that once the Board of Trustees, as the governing body of the University, makes a decision, it can be counterproductive and potentially damaging to the University for individual Trustees to publicly criticize or attempt to subvert such decision…”

    Hellllllllooooooooo! If Washington ran that way, it would be Pyongyang! Communist stifling of free speech! Toe the party line… or else! WTF? Is this America?

  • Quorum requirement modified from 13 to a majority of the voting members. (That would be 16, at present.)
  • The Executive Committee is now selected by chairs of six newly formed standing committees, the chair and vice chair of the board, the chair of the board of directors at the medical school, the immediate past chair of the BoT (oy, vay!), and three at-large members (yay!) nominated by the Governance and Long-Range Planning committee (boo!) and elected by the Board of Trustees. (This serves to guarantee that power will be concentrated in and held by what Big Al refers to as the ass clowns, and it incidentally empowers Karen Peetz to continue to be influential over the board by virtue of her past board chairmanship and her position as chair of the long-range planning committee. I’m just whining about the “laser focus on the future” babe here.)
  • The board also strengthened its comprehensive conflict of interest policy. (I’ll have to read this one thoroughly to find the fly in the ointment.)

So, that’s what Erickson means when he says that the documents are “living documents” that have been modified twenty times in the past twelve years. I think that the lady doth protest too much! Surely, he (or more probably, the University Relations “ass clown” who wrote the letter) were being rather transparent in attempting to defuse what he anticipated to be a sea of protests, especially concerning Executive Committee and the “Lubrano gag rule” buried deeply and couched tersely in the fetid bowels of the synopsis.

As a further smokescreen, Erickson presents “A Vision for Penn State: A Report of the Blue and White Vision Council.” You may recall that Karen Peetz chairs the Blue and White Vision Council, where she maintains her signature laser focus on the future of the university. In her foreword, she quotes historian Norman Davies, to wit:

“Historical change is like an avalanche. The starting point is a snow-covered mountainside that looks solid. All changes take place under the surface and are rather invisible. But something is coming. What is impossible is to say when.”

The document is a glowing self-promotion, just about what you would expect from a 19-page document from this group. But sandwiched innocuously between the copious promotional boilerplate and the “implications for the next University president” lip service is a section on ethics. The following paragraphs on Page 17 caught my eye:

The Board of Trustees commissioned an independent review – known as the Freeh Report — which recommended that Penn State’s culture be re-examined in part to “establish values and ethics-based decision-making and adherence to the Penn State principles as the standard for all University faculty, staff and students.” Building a strong and healthy campus culture has been a point of Penn State pride over many years. For example, the Penn State Principles, aspirational statements for students, were issued more than 10 years ago, in July 2001. The Principles include four key statements:

“I will respect the dignity of all individuals within the Penn State community; I will practice academic integrity; I will demonstrate social and personal responsibility; and I will be responsible for my own academic progress and agree to comply with all University policies.”

Given the sole focus of these principles on student responsibilities, however, Penn State concluded that a new and broader set of Principles was needed. They will be grounded in Penn State’s core values and will be relevant for all students, faculty and staff. Several steps are now under way to develop the revised Principles. Prominent faculty ethicists have offered advice and expertise on substantive and process issues related to identifying new Principles. A Task Force of faculty, students and staff has been charged to lead the project and to establish a process and timeline for completion. Likewise, an audit of college, campus and administrative unit core values has been undertaken, and benchmarking of core values from other universities has also been completed. Finally, discussions have begun with the Ethics Resource Center, a nonprofit, nonpartisan organization dedicated to independent research that advances high ethical standards and practices in public and private institutions, for the development of an ethical culture survey to be administered to the University at periodic intervals. Sustaining these initiatives going forward is of particular importance.

I don’t know whether I’m seeing black helicopters here, but this raised a red flag. We start with the Freeh report being emphasized as an independent review — which this turkey has frequently opined it was anything but. I have no issues with an ethics policy being extended beyond students to the faculty and staff of the institution, just as long as the First Amendment is not stepped on. I have no qualms at all about tight policies regarding academic integrity. Social and personal responsibility, too, is a given in any halfway decent ethics policy, pun intended. My big question here is whether this new-found sensitivity to ethical practice by faculty and administrative staff not a vehicle for eventual suppression? Under the guise of preventing Sandusky scandals in the future, could the University be contemplating abrogating or limiting the right of free speech? The future of this proposed ethical renaissance is unclear, mired in a pig wallow of committees, task forces, and outside (quasi-independent) organizations (Ethics Resource Center).

I’ve written enough for now. Take a look at these documents and form your own opinions as to whether we’re really maintaining that laser focus on the future of the University.

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Filed Under: Current Events, Penn State Scandal Tagged With: board of trustees, Freeh Report, Karen Peetz, Rod Erickson

Frazier: Spinning, Spinning, Spinning…

Posted on March 25, 2013 Written by The Nittany Turkey

Most of you know about PSU Board of Trustees member (and Freeh report liaison) Kenneth Frazier and his big mouth: first, the racist faux pas at the Thursday session of the BoT on March 14 with board candidate Bill Cluck, then his outburst with trustee Anthony Lubrano the following day. If not, read my summary.

Our friends at NotPSU, who now call themselves the “Voice of the FREEHdom Fighters” and to whom we’ve pointed you several times before, have unearthed a series of edits on Ken Frazier’s Wikipedia page that tried to sanitize the board incident. One of the edits appears to have come from Merck, where Frazier is Chairman, President, and CEO. As this turkey publishes this post, the paragraph in question reads as follows:

Racially-insensitive remarks

On March 14, 2013, at a sub-committee meeting of the Penn State Board of Trustees, Frazier uttered what was considered to be a racially-insensitive remark at a candidate running for the Board of Trustees who criticized the Freeh narrative. Frazier apologized for his remarks several days later.

However, the history of edits suggest that the paragraph has been hither, thither, and yon before arriving at the above. Read about the whole sordid mess in Jeffrey Simons’ article entitled “Kenneth Frazier: Control of Narrative Extends to the Internet.”

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Filed Under: Penn State Football, Penn State Scandal Tagged With: board of trustees, Kenneth Frazier, Wikipedia

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