[Husker] Just an idea for Penn State

[Dick Karre]

On 7/20/2012 5:27 PM, Scott Stewart wrote:
> 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.
>

The NCAA is a voluntary association. It has only the authority its 
members have agreed to give it. Thus any claim that the NCAA has taken 
an action not authorized by its rules would, I should think, first be 
resolved under principles of contract law: did the drafters of the 
underlying agreement intend to give the NCAA the authority to shut down 
an athletic program under these circumstance? Antitrust laws could also 
come into play here. I don't know enough about NCAA rules to know what 
authority it has here, but they can't just make it up.

-- 
Dick Karre
dkarre at comcast.net