[Husker] Just an idea for Penn State

[Scott Stewart]

Let me first say that I take a very clinical view of this situation. I
support that PSU should have very bad things happen to them for their
actions. They are clearly in the wrong. However, I can see both sides of
the NCAA taking action. In the short run it could cost PSU some revenue and
some credibility. But, I am not sure it will hurt them worse in the
long-haul that letting this thing run through the courts and the stage of
public approval. At this point, I am not of the opinion to cut PSU a break,
and slowly choking is sometimes worse than being cut with a knife. The
politics of this are fascinating.

If the NCAA were to give PSU the Death Penalty. The NCAA would be setting
a precedent by acting in a new manner (ie, "best interest of football" or
acting on "lack of institutional control" [because they have previously
defined that as an institution violating rules while under a penalty or
within a certain time frame of a penalty]). Additionally, the President of
the NCAA has admitted that acting against PSU may violate their bylaws and
procedures. By acting against their bylaws and setting precedent with their
action, any adverse action (primarily monetary) toward PSU could be action
of a tort (lawsuit). I am not a lawyer, but I think this is close to
correct.

This means that if PSU were to be damaged with loss of money because of an
NCAA action, PSU would have a case for a liability lawsuit against the
NCAA. Now they may not win any money in a lawsuit; however, PSU may not
need to win money.

The more important thing here is the public's perception of PSU. Money is
not important at this point to PSU (they have the State of Pennsylvania to
back them up and the perpetrators are gone, in jail, or dead). What is
important to them is their reputation and the public's opinion of them
(Does Joe Smith what his kid to go to PSU). If PSU were able to bring a
tort against the NCAA and allege that the NCAA overstepped their bounds;
They (PSU) are now able to diffuse public outrage with a counter that they
have been wronged and therefore deflect the focus of their wrongdoing.   My
rule of thumb in matters of ethics/morals has always been don't give up the
high ground unless you are forced to.

So let's look at this from the NCAA's perspective. They use to be in
control of college athletics and controlled television and revenue. Then
they got sued by OU and UGA regarding television rights. They lost, and
lost all control of regulating college sports on television. Now they only
control regulation of "competitiveness."

Lately, they have come under fire for not being consistent in how the
regulate violations of their rules (Auburn, Ohio State, Miami, etc). Their
ultimate goal is to appear relevant and not lose face. To stretch their
jurisdiction and apply the Death Penalty in this case could invite legal
action from PSU. This lawsuit would be aimed at their remaining
responsibility, regulating competitiveness and rules oversight. To lose a
suit in this area could be devastating.

So what are their options, 1. Roll the dice and apply the Death Penalty.
That is dangerous for the above reasons; 2) Apply a lesser penalty like
loss of scholarships or fine them. This on the surface appears like an
option; but as I think of it the worse option. It invites people to then
discuss whether the penalty was sufficient (OSU lost x number of
scholarships for selling helmets, but PSU only lost y for abusing
children). This again deflects people from focusing on the issue and PSU of
paying the final public penalty. 3) NCAA rules that this is not within the
bounds of their current mandate. The denounce PSU for their actions as
unethical and immoral. They reserve the right to review their mandate and
adjust if necessary to address future problems. They throw PSU to the
wolves by stating that ultimately their actions will be decided in the
court of law and upon the stage of the pubic's response to their actions.

Obviously, I think #3 is the best option. Primarily because I think that
this is a grey area for the NCAA to be involved with as it is as they said
"more than a football issue." At this time, PSU is clearly in the wrong.
The NCAA overstepping their authority only muddies the water.

Scott
On Fri, Jul 20, 2012 at 5:52 PM, David Strong <gobigredlist at gmail.com>wrote:

> Hi Scott... A lawsuit?  Who is that you see suing the NCAA in this case?
>
> Dave
>
>
> On Fri, Jul 20, 2012 at 2:37 PM, Scott Stewart <fourtwophd at gmail.com>wrote:
>
>> I don't think that PSU should self-inflict a death penalty. I think the
>> jury is out on the DP from the NCAA, and to do self-inflict the DP would
>> be
>> jumping the gun. I don't think the NCAA's penalty would be more severe
>> than
>> a one-year DP, so at worst you beat them to the same punch. I kind of
>> thought of it like cutting off your hand because there is a funny looking
>> mole on it before you see the MD.
>>
>> I agree with Andy's point. I really don't know how I feel about the NCAA
>> getting involved. It is related to football, as it occurred in the
>> football
>> program. However, the NCAA really regulates competition and is involved in
>> making sure teams don't get unfair advantage. I can see the "best interest
>> of football" clause, and I can see the "lack of institutional control"
>> though both would have to be applied in a way that has no precident.
>>
>> From the NCAA's view I think that last sentence will have to be carefully
>> considered by their legal department. If you are applying rules in a way
>> that has not been done before, not following your bylaws, and cause damage
>> to another party (PSU) in doing so it opens you (NCAA) up to a lawsuit.
>>
>> As noted in the article, the NCAA has been seen lately as rather soft.
>> While a DP, might up their credibility...the risk of losing a lawsuit over
>> it would be horrible for them. PSU is in a very bad situation right now,
>> and it is not going to get better in the foreseeable future. They are
>> likely facing legal costs and penalties that would make cigarette
>> companies
>> cough. I really think what we are seeing from the NCAA President is a
>> thunderous noise meant to scare and threaten PSU, but I would be surprised
>> to see them act on it.
>>
>> Scott
>>
>> On Fri, Jul 20, 2012 at 2:05 PM, `ChewY` <chewy_73s at mediacombb.net>
>> wrote:
>>
>> > -----Original Message-----
>> > From: husker-bounces at tssi.com [mailto:husker-bounces at tssi.com] On
>> Behalf
>> > Of
>> > David Strong
>> > Sent: Friday, July 20, 2012 11:16 AM
>> > To: husker at tssi.com
>> > Subject: [Husker] Just an idea for Penn State
>> >
>> > Mark Emmert has made it pretty clear the NCAA is going to bring the
>> hammer
>> > to Penn State.  ... ...
>> >
>> > NCAA sanctions such as this would only penalize the current staff,
>> > students,
>> > and players. They need to find a better way of penalizing the actual
>> perps.
>> > I remember not so long ago some schools missed out on championships and
>> > such
>> > because the NCAA was trying to penalize schools for past misdeeds,
>> > ultimately only penalizing the current staff players and students of
>> those
>> > institutions. 'T-ain't fair! Fine the school itself, millions of dollars
>> > worth, enough to make it hurt, but don't do anything that would penalize
>> > the
>> > current players & coaches.
>> >
>> >
>> >
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