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Did Erickson Need Approval of the BOT?

Posted on July 25, 2012 Written by The Nittany Turkey

Onward State’s Kevin Horne has written an excellent piece about the possibility that Penn State President Rod Erickson might have broken a standing order of the BOT by signing the consent decree agreeing to the NCAA’s sanctions that were handed down Monday.

The debate on whether or not the sanctions handed down to Penn State by the NCAA are warranted has been ongoing with Penn Staters and college football fans alike over the last several days. But one area that hasn’t been broadly discussed is whether President Rodney Erickson — without approval and vote from the Board of Trustees — had the authority to sign the agreement with the NCAA essentially accepting the sanctions without even a whimper of a fight.

This Turkey had expected at least deliberation and possibly an appeal before Penn State fell on its sword. However, Erickson had already agreed to the sanctions before they were presented to the media on Monday morning. Why? Whom did he consult? Penn State just rolled over for Mark Emmert and the NCAA. Erickson gets the Neville Chamberlain Appeasement Award* for performing this slick sacrificial move on his own, appeasing the haters (including the NCAA) while totally pissing the rest of us off.

According to provision 2-e of Standing Order IV, the following actions must be approved by the Board: Authorization to borrow money; authorization of persons to sign checks, contracts, legal documents, and other obligations, and to endorse, sell or assign securities.

Penn State President Rodney Erickson’s signature appears on the document that accepts the NCAA sanctions. Certainly, that agreement would be considered a legal document — and one that directly costs Penn State $72 million, with some experts saying it could amount to up to a half billion dollars in losses.

No hearings. No approval from the governing body of Penn State. No alumni input. All President Erickson did was accept the NCAA quasi-dictatorship’s ruling without a fight, and move on.

Some have reported that Erickson was given the choice of a four-year “death penalty” or the sanctions as written. Obviously, he felt pressure to accept the sanctions, but without consultation with his governing body? Isn’t this the kind of rogue action the University is supposed to be curtailing? But wait! There’s more!

However, NCAA Executive Committee Chirman Ed Ray denied Erickson’s claims, saying “I can tell you categorically, there was never a threat made to anyone about suspension of play if the consent decree was not agreed to… That was never even a point of discussion within either the Executive Committee or the Division I board.”

Interesting conflict isn’t it? Either Erickson or Ray is lying, or Emmert and Erickson met in secret to “negotiate” without divulging details either before or after the fact.

I hope this all comes to a head, and divides the BOT so we can all see which trustees are on Penn State’s side and which are siding with our enemies. I further hope that when it hits the fan it results in the conclusion that not only Erickson, but also Emmert, exceeded their prescribed authority limits.

We’re dealing with powerful people here, there are lots more of us than there are of them. Emmert has become too powerful, and Erickson is a wimp. They both should be in deep shit over this. Such chutzpah!

Read the entire article “Erickson May Have Broken Standing Order.”

UPDATE: The BOT  are meeting this afternoon to discuss President Rodney Erickson’s handling of NCAA sanctions, per the Lehigh Valley Express-Times.

 

*Neville Chamberlain was the British Prime Minister who felt that the best way to prevent a major conflict with Germany in the 1930s was to appease Adolf Hitler by signing the Munich Agreement in 1938, conceding part of Czechoslovakia to Germany. He was a doormat who with the Munich Agreement tacitly gave Hitler the go-ahead to invade Poland, prompting Britain to declare war on Germany and starting World War II.

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

Sudden Impact: Crime and Punishment (Updated)

Posted on July 23, 2012 Written by The Nittany Turkey

While this morning’s NCAA pronouncement implementing punishment and imposing additional bureaucracy upon Penn State athletics hit the mark for many Penn State haters, who use the Sandusky scandal to declare everything up to and including targeted nuclear weapons as fair game (sanctimoniously stating that even nukes won’t restore normal lives for the victims), many of us believe that the punishment was vindictive and draconian. And it still won’t restore normal lives for the victims.

I have selected two essays that engender the latter viewpoint, both published in Sports Illustrated’s SI.com. Fortunately, there are still some writers out there with the balls to contradict the common wisdom.

July 24 Update: added link to a great essay by Spencer Hall of SBNation.

The first, by Stewart Mandel, is entitled “NCAA’s Mark Emmert overstepped bounds in hammering Penn State.” Mandel feels that NCAA President Mark Emmert, enabled by the logic of the Penn State hater mentioned above, felt that he could justify going far beyond the pale to invent creative, crippling penalties for the Nittany Lions. Mandel sees this as high visibility hypocrisy, and his article is definitely worth a read.

******

The other, by Michael Rosenberg, is “NCAA sanctions against Penn State reinforce overemphasis on winning.” Rosenberg thinks that by prescribing these sanctions “Emmert is not fighting against the hypocrisy of college sports. He is acknowledging it, legitimizing it, and — in a way — even embracing it.” Read it for more strongly worded pearls of Rosenberg wisdom.

******

Spencer Hall of SBNation words his piece even more strongly. Here is a taste of “Penn State Scandal: NCAA Beats Up Corpse, Then Demands Your Applause.“

It makes sense for the NCAA to protect its product. It also makes sense of the coldest kind for Mark Emmert, head of the organization, to take a defenseless Penn State, prop it up on stage, and then take a few delighted whacks at its staggering corpse with the heaviest hammer imaginable. The key is not killing the victim, the Penn State football program. It will now be toured through every stage of the redemption cycle, and eventually brought forth as a model citizen at the appropriate date by a fully empowered oversight authority — one that can now, with the consent of its backers, make bigger, more immediate show trials of its thoroughly fixed bouts.

******

Meanwhile, the Big Ten should have been flagged for piling on, for it was announced today that Penn State will not be allowed to share in the bowl revenues of other Big Ten teams for the duration of the NCAA postseason prohibitions.

******

The very hot Kristi Dosh of ESPN says that the true costs of today’s NCAA sanctions, both monetary and abstract, are unknown.

 ******

The Penn State Football Lettermen’s takes an angry stand.

******

The Paterno family offers its response to the NCAA sanctions.

******

Meanwhile, Former Penn State President Graham Spanier sent a letter to the board of trustees seeking to exonerate himself.

******

Statements by Rodney Erickson, David Joyner, and Bill O’Brien.

******

Consent decree between the NCAA and Penn State (PDF – 1.31 MB).

That’s a wrap for another issue of Sudden Impact. It’s been a long day today, but the longest, darkest days are yet to come.

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Filed Under: Higher Education, Penn State Football, Penn State Scandal Tagged With: college football, consent decree, Graham Spanier, Jerry Sandusky, Joe Paterno, Lettermen, Mark Emmert, NCAA, Penn State, sanctions

NCAA to Investigate PSU

Posted on November 18, 2011 Written by The Nittany Turkey

The latest entity to ride the “strike while the iron is hot” investigation bandwagon careening toward Penn State is the NCAA. In a letter to President Rodney Erickson dated November 17, NCAA President Mark Emmert advised Penn State that the NCAA would be investigating its “institutional control” over its intercollegiate athletics program in light of the Sandusky situation.

“I look forward to the complete cooperation of Penn State in our review and any future action that we may take.”  —Mark Emmert

Emmert promised that the investigation would not interfere with existing inquiries from the State and Federal governments. In addition, there is a pending internal inquiry directed by the Board of Trustees.

The letter requires the university to provide fully substantiated responses to the following questions:

  1. How has Penn State and/or its employees complied with the Articles of the Constitution and bylaws that are cited in this letter?
  2. How has Penn State exercised institutional control over the issues identified in and related to the Grand Jury Report? Were there procedures in place that were or were not followed? What are the institutions expectations and policies to address the conduct that has been alleged in this matter upon discovery by any party?
  3. Have each of the alleged persons to have been involved or have notice of the issues identified in and related to the Grand Jury Report behaved consistent with principles and requirements governing ethical conduct and honesty? If so, how? If not, how?
  4. What policies and procedures does Penn State have in place to monitor, prevent and detect the issues identified in and related to the Grand Jury Report or to take disciplinary or corrective action if such behaviors are found?

Obviously, this is not a purely athletic issue, as virtually the entire university was implicated in looking the other way while Sandusky continued his alleged assaults on youngsters. The NCAA should restrict its investigation to the athletic program, however, because to go beyond that would demonstrate yet another time that athletics are getting too big for their britches.

Just what penalties or sanctions the NCAA might impose upon Penn State in the aftermath of this “review” is anybody’s guess.

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Filed Under: Current Events, Penn State Football, Penn State Scandal Tagged With: investigation, Jerry Sandusky, Joe Paterno, Mark Emmert, NCAA, Penn State, Rod Erickson, scandal

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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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