Validity of consent decree questioned with judge’s ruling in Corman suit [Corman vs. ncaa, PSU]

centre daily times ^ | 10-3-14 | Lori Falce

[FlJoePa]

The NCAA and Penn State lost a key battle in the ongoing question of the legality of the hotly contested consent decree that levied historic sanctions against the university after the Jerry Sandusky child sex abuse scandal.

On Friday, Commonwealth Court Judge Anne Covey issued a ruling on the September motion from the defendants to dismiss the lawsuit brought by state Sen. Jake Corman and state Treasurer Rob McCord.

That suit protested the consent decree and asked that the $60 million in fines the decree dictated stay in Pennsylvania, backed up by Corman’s Endowment Act legislation.

In filing the motion to dismiss, Penn State and the NCAA essentially asked to walk away, saying that because the university had agreed to pay the fine to the endowment and the NCAA agreed to accept that, the suit was moot.

Covey disagreed. In her ruling, she said the NCAA and Penn State were attempting “to usurp the court’s authority.”

“The consent decree’s validity is the very issue that the court concluded had far-reaching implications,” she said, declaring that those facts will be decided in a hearing.

No court date has been set to hear such arguments.

Corman and McCord had not contested the motion, saying they left the issue for the court to decide.

“I am happy,” Corman said after the ruling was made public. “This is something most have thought for some time needed to be debated publicly.”

The university saw several of the sanctions in the decree rolled back in September, including the ban on postseason play and limits on scholarships.

Penn State declined to comment on the judge’s ruling.

The news was welcomed by at least one member of the university’s board of trustees.

“Obviously today’s ruling is very significant. No longer can the NCAA and Penn State run and hide,” said trustee Anthony Lubrano. “To paraphrase Ricky Ricardo, (Mark) Emmert, you got some ‘splainin’ to do.

“I, for one, cannot wait.”

[FlJoePa]

Yet another major victory for the truth yesterday. This would have all gone away had the PSU and NCAA attorneys not thought they were above explaining their actions.

Now we have yet another nail in the ncaa's coffin as these crooks are going to have to explain why they did what they did - in court no less. Good luck with that.

[FlJoePa]

In addition, this spells the beginning of the end for the PSU board of dis-trustees executive committee. Peetz (ceo BNY Mellon), Frazier (ceo Merck) and a few others may as well pack their bags. The jig is up. Add Surma (ex-ceo US Steel - who has already resigned) and Karma is paying a visit.

These are the despicable people that paid Freeh to say something that wasn’t true and conspired with the NCAA to cover their incompetency while using $100,000,000 of Penn State’s, the student’s and the tax payer’s money to cover their asses.

[FlJoePa]

Statement from ncaa attorneys:

"The NCAA is more than surprised with the Commonwealth Court's decision today.

As previously stated, the NCAA decided not to contest the Endowment Act, despite its belief that it is unconstitutional, so that the proceeds of the Consent Decree fine could be distributed expeditiously to organizations seeking to prevent child sexual abuse and care for child sexual abuse survivors.

"By its order today, despite the requests of the NCAA and Penn State, the Commonwealth Court has unilaterally and indefinitely delayed distribution of those funds."

To them I say simply:

See you in court.

[FlJoePa]

Crickets. Nothing but crickets from the usual suspects. Go figure. S**t starts turning south on you and you just disappear.