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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

PS4RS candidates win; Suhey, Deviney out

Posted on May 4, 2013 Written by The Nittany Turkey

Alumni discontent with the Penn State Board of Trustees culminated in the election of the slate of candidates recommended by Penn Staters for Responsible Stewardship (PS4RS). That organization has arduously campaigned to purge the BoT of those who bungled the Sandusky scandal, the NCAA sanctions, and the Paterno firing. The alumni definitely won this round.

Barbara Doran, Ted Brown, and Bill Oldsey won in a landslide. Meanwhile, alums voted out incumbents Stephanie Deviney and Paul Suhey.

In January, Ken Frazier nominated Deviney as Vice Chair. How did that work out? She’ll serve in that capacity until her term ends — which is soon. Looking at her Penn State trustee blog gave me an idea of her self-promotion, but the following sentence confounded me:

Now, my second strength (which I’ve gotten a little slack for) is the ability to “win others over” affectionately referred to as “woo”.

Not only is the sentence structure awkward, particularly for a litigator, but also the last time I heard about something referred to as “woo” was in the Tom Hanks/Meg Ryan classic flop Joe versus the Volcano.

Steve Suhey played football for the Nittany Lions and was a shoo-in for the BoT when he initially ran. However, he continually sided with the element regarded by PS4RS as tyrannical, which did him in.

Karen Peetz,  the “laser focus on the future of the university” babe who resigned as Chair, will remain the Business and Industry representative on the board. At least she won’t be in a position to be quoted much. She is president of BNY Mellon.

There is still much work to be done to whip this board into shape, but for the moment, at least, PS4RS has performed as those of us who supported the organization hoped that it would.

 

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Filed Under: Current Events, Penn State Football, Penn State Scandal

Sudden Impact: 515 Pages ZZzzzzz

Posted on April 18, 2013 Written by The Nittany Turkey

Oregon Ducks

Culture of Football? It’s for the birds.

The NCAA Enforcement Squad’s latest problem child is the University of Oregon (hereinafter referred to as the Ducks, because it makes it even more ridiculous), who have actually fessed up about at least one major violation relating to recruiting practices.

Oregon Ducks Feeling that vindication varies directly with poundage, the Ducks released 515 pages of evidence to the local newsrag, The Oregonian, who actually posted these things — lots and lots of emails with significant redactage (I made that word up) — guaranteed to bore you after you view the first 10 or so. Being a glutton for punishment, I looked at the first 100 or and the last hundred or so, just to claim to be thorough. I was overwhelmed by all the stuff in the last group, which provided dispositions of prior recruiting cases dating way the hell back to the Garden of Eden.

Now, even in view of the embarrassingly defensive publication of poundage, the Ducks are in deep duck soup. ??? ???? ???? ??? One major issue is paying a $25,000 fee to a talent scout in Texas. Oy!

You want to talk about “football culture”? There you have it. Most of this occurred during the reign of Chip Kelly, who bolted Oregon to replace Andy Reid as head coach of the NFL Philadelphia Eagles in January.

However, the Ducks and the NCAA disagree on the severity of that particular violation. Oregon admits to major violations, but considers its payment to that agent in Texas to be a secondary violation. The NCAA considers it major. Are we splitting hairs here or what? Or is this an arabesque to try to soften the blow of the whole thing by saying, “Yeah, but it isn’t as bad as you say it is, and we have 800 pounds of heavily redacted documents to prove our Duckine veracity.”

Oregon pleads ignorance according to a USA Today report:

“Football staff members were not aware that the manner in which they were using scouting/recruiting services was impermissible,” Oregon said in its October 2012 summary disposition. “Nonetheless, the recruiting advantage that was gained via the oral reports from scouting services personnel was more than the minimal.”

The NCAA has no reason to believe Lyles “coerced or directed any prospect to ultimately choose Oregon.” However, according to another document, “Lyles did provide a meaningful recruiting advantage by orally providing background information about prospects to the coaching staff and also by serving as a conduit to facilitate communication with prospective student-athletes.”

Lyles’ connection with Oregon first drew the NCAA’s attention in March 2011, after a Yahoo Sports report detailed how the school paid Lyles shortly after five-star running back Lache Seastrunk joined the Ducks’ football program. Lyles had been a mentor to Seastrunk, who was from Temple, Texas.

Yep. Vintage Chip Kelly. Culture of football. This petri dish is growing some interesting cultures.

The next step is appearing before the NCAA infractions committee. An unnamed Ducky said that the NCAA had taken a bowl ban off the table in preliminary talks; however, the Ducks were willing to accept recruiting penalties and scholarship reductions. As the investigation proceeded, the path forward got pretty muddy, so all bets are off.

This thing has dragged on for quite a while. betfinal ???? News of the ,000 payoff emerged in March 2011, a couple of months after the Ducks appeared in their first SSMNC game. ??????? ??? ????

Read the Oregonian report on this sordid mess and let me know what you think. I’ll forgive you if you don’t read all 515 documents.

******

NCAA flips a bird at Sebastian.

University of Miami HurricanesMeanwhile, back at Indianapolis, the NCAA is smugly pooh-poohing the University of Miami’s (hereinafter referred to as Sebastian the Ibis) attempt to get the case against it dismissed.  Saith Jonathan Duncan (hereinafter referred to as Jake the Enforcer), the NCAA Interim Vice President of Enforcement, stated:

“In the enforcement staff’s view, the motions to dismiss are largely based on assumptions, false accusations, misleading statements and meritless claims about the enforcement staff and its investigation. For the reasons set forth below, the enforcement staff requests that the Committee on Infractions deny the motions.”

Former Clintonista and long-time president of “The U”, Donna Shalala, had previously spoken loud and hard about the unprofessional practices of the NCAA Enforcement squad. Donna takes no shit from no quarter.

In a CBS Sports story, Jake the Enforcer also defended several enforcement staff members who have since been fired:

“The enforcement staff ‘self-reported’ the [Maria Elena] Perez [attorney for Shapiro who was paid by the NCAA after doing that work, though she contends that she never actually was employed by the association] issue and then cooperated diligently with internal NCAA staff members and the Cadwalader firm to fully identify and disclose information related to the Perez issue. After an external investigation, those individuals found to have had culpability in the matter have been held accountable, and as a united enforcement staff, we deeply regret, have apologized for and are embarrassed by the events and circumstances. Nevertheless, we will not stand idly by when meritless, personal attacks are launched under the broad brush stroke of ‘enforcement staff misconduct.’

“… Overall, the enforcement staff believes that the institution is again grasping at straws in an attempt to disqualify members of the enforcement team with the most knowledge about the case. Not only are these personal attacks based on no evidence that would support the removal of Barnhart and Hannah from the case, they are also not a basis for dismissal of the case in its entirety.”

So, there you have it. The NCAA can do no wrong. The game is on center stage. The Indianapolis Arrogant Pricks vs. the Miamah Strong-Willed Culture of Football.

The NCAA can defend its shoddy practices for only so long. But do they need to? Who’s going to do anything about them?

All of this stuff is good fodder for Corbett’s case against them, should it ever go to trial. Here’s hoping!

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Filed Under: Penn State Scandal, Sports Tagged With: Enforcement, Mark Emmert, NCAA, Nevin Shapiro, University of Miami, University of Oregon, Willie Lyles

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