[Husker] Just an idea for Penn State

[Scott Stewart]

Thank You Mr. Karre,

As I said, I am not a lawyer...But I have slept at a Holiday Inn Express.
LOL.

Scott

On Fri, Jul 20, 2012 at 8:06 PM, Dick Karre <dkarre at comcast.net> wrote:

> 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
>
>
>
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