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Four PSU Trustees Appeal Sanctions

Posted on August 6, 2012 Written by The Nittany Turkey

Even though NCAA spokesman Bob Williams declared last week that the Penn State sanctions are not subject to appeal, four trustees, led by retired Navy SEAL Ryan J. McCombie, who was elected to the board in June have filed a letter of appeal with the NCAA. ESPN is reporting:

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.

Essentially, McCombie is saying that the NCAA did not follow its usual investigation and enforcement procedures with Penn State, that the consent decree is unfair because it relies on the Freeh report (which contains some disputed unproven conjectures) and that the sanctions are “excessive and unreasonable”, inflicting “permanent damage to an entire generation of student athletes and coaches who were innocent of any wrongdoing during their time on campus…”

McCombie retained the Boston law firm of Jackson Lewis to file the appeal. He wrote a letter to trustees Monday afternoon asking for their concurrence. Three immediately hopped on board. There was no comment as to whom, but I think we can probably guess at least three of them pretty quickly.

McCombie wrote to the trustees that it was his belief that the matter required board approval and that the board should engage in a full and complete review.  He went on to write, “Furthermore, only after we have given all involved the opportunity to be heard can we move forward together as one university.”

No comments were to be had from either Penn State or the NCAA.

Well, this should drive a wedge into the board. These are interesting times. If the NCAA does shut down the appeal, which is I think about 105% likely, and the federal courts get involved, the case could broaden and get into all kinds of great anti-trust issues with the NCAA. They deserve to be slapped down by somebody, and who better than a Federal court to do it? Maybe pay liquidated damages to all the members and then reorganize into a helpful adjunct, rather than a dictatorial Kindergarten teacher.

I’m going to have my cookies and milk and think about this a little more.

Meanwhile, for those who want to read the actual appeal, I have it available here for downloading. PSU_trustee_appeal (pdf – 174K).

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Filed Under: Penn State Football, Penn State Scandal Tagged With: board of trustees, BOT, Jackson Lewis, Mark Emmert, NCAA, Penn State, Ryan McCombie, sanctions

Badger Believes Paterno Smeared

Posted on August 1, 2012 Written by The Nittany Turkey

I came across a blog by an inveterate Wisconsin Badger fan that was so well conceived and written that I thought I should share it.

“The one group in this that comes out fairly clean is the Board of Trustees.” —Dan Flaherty

Dan Flaherty wrote the piece, entitled “An Alternative To The Standard Media Narrative on Joe Paterno”, for TheSportsNotebook.com. He opines: “To say anything remotely kind about Joe Paterno and his legacy, it is said by the mainstream media, is to be virtually synonymous with a defense of child abuse. Harsh to say the least, and after reading the Freeh Report, I don’t believe it’s accurate or fair.”

He goes on to make some compelling arguments that fall short of exonerating the late head coach, but nevertheless leave room for doubt.  His primary assertion is that the media found it convenient to use the Freeh Report as a justification for a complete hatchet job on Paterno, and public sentiment was turned accordingly, when the vitriol should have perhaps been directed a bit higher on the Penn State organization chart.

“The one group in this that comes out fairly clean is the Board of Trustees. They are certainly not exempt from criticism, but the tone of criticism against the board is that of good-willed people who were just not vigorous enough in investigating and perhaps to naïve in trusting those around them. Paterno, Curley and Spanier are lynched. When you consider that it was the Board who commissioned this investigation and bankrolled Louis Freeh’s law firm, I find that more than a little suspicious.”

Flaherty admits bias toward Wisconsin, but this Turkey thinks his piece was fairer than fair.

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Filed Under: Penn State Football, Penn State Scandal Tagged With: board of trustees, Freeh Report, Joe Paterno, Penn State

Today’s BOT Meeting

Posted on July 25, 2012 Written by The Nittany Turkey

For those of you who have been waiting for some news about today’s board of trustees meeting to address the NCAA sanctions levied against Penn State, the Centre Daily Times published the following statement from the board:

The Penn State board of trustees met for a discussion tonight. A vote was not required and none was taken. The board finds the punitive sanctions difficult and the process with the NCAA unfortunate. But as we understand it, the alternatives were worse, as confirmed by NCAA President Mark Emmert’s recent statement that Penn State was likely facing a multi-year death sentence.  The university and board resolve to move forward together to recognize the historical excellence in Penn State’s academic and athletic programs. We anticipate and look forward to demonstrating our outstanding performance in complying with the sanctions. ????????? ???????? We continue to recognize the important role that intercollegiate athletics provides for our student athletes and the wider university community as we strive to appropriately balance academic and athletic accomplishments. ????? ???? ????? Penn State will remain a world-class educational institution of which our students, faculty, staff and alumni can be justifiably proud. The commitment demonstrated by our student athletes in recent days embodies all that is good about Penn State and we look forward to unprecedented support by the Nittany Nation when we take the field this fall.

Damn! Looks like we hit another dead end! ?????? ??? ??

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Filed Under: Penn State Football, Penn State Scandal Tagged With: board of trustees, Mark Emmert, NCAA, Penn State, Rod Erickson, sanctions

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The Nittany Turkey is a retired techno-geek who thinks he knows something about Penn State football and everything else in the world. If there's a topic, we have an opinion on it, and you know what "they" say about opinions! Most of what is posted here involves a heavy dose of hip-shooting conjecture, but unlike some other blogs, we don't represent it as fact. Read More…

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