Posted on 08/06/2012 5:57:20 PM PDT by Third Person
A Penn State board of trustee member filed an appeal Monday afternoon with the NCAA over sanctions levied against the university after the Jerry Sandusky child sex-abuse scandal.
Three other trustees joined the appeal, which states that the consent decree university president Rodney Erickson signed with the NCAA agreeing to the sanctions is "null and void" because Erickson "lacked the legal authority" to enter into such an agreement without the board's approval.
Trustees and a person with first-hand knowledge of the discussions said the move is a precursor to a federal lawsuit asking a judge to invalidate the sanctions, because trustees expect the NCAA to reject the appeal.
The appeal, sent to the NCAA from attorneys hired by Ryan J. McCombie, a retired Navy SEAL who joined the 32-member board in June, also challenges the NCAA on the following fronts:
• The NCAA did not give Penn State trustees and the university due process when it did not follow its usual investigation and enforcement procedures.
• The consent decree is fundamentally unfair because it relies on the Freeh report, which "contains findings and conclusions not that are contrary to the evidence presented ..."
• The sanctions are "excessive and unreasonable" because they inflict "permanent damage to an entire generation of student-athletes and coaches who were innocent of any wrongdoing during their time on campus ..."
Erickson signed the consent decree late last month with the NCAA after consulting with board chairwoman Karen Peetz and university counsel, but he did not bring the decree to the full board for review or a vote.
The package of sanctions included a $60 million fine, a four-year bowl ban, scholarship losses and the vacating of wins from 1998 through 2011.
(Excerpt) Read more at espn.go.com ...
It turns out that Curley, Schultz, and McQueary met a week or so later. So then Schultz finds out but not from Paterno.
Testimony from Curley and Schultz is that Schultz was called to attend the meeting between Paterno and Curley.
So then who did they say called Schultz to notify him of the meeting??? Paterno or Curley??? And why didn't Schultz attend???
The NCAA is a voluntary association. However, when schools enter into agreement with NCAA, both the schools and the NCAA sign an agreement to the by-laws. The NCAA clearly violated their own by-laws in their punishment of Penn State. Penn State’s President Erickson clearly violated Penn State by-laws by agreeing to write a check to the NCAA without BOT approval. Mark Emmert does not have “Roger Goodell” power to punish teams as he pleases. Nobody cares that he stepped over his bounds, not because an NCAA rule was violated (it wasn’t), but because the crime Sandusky committed was so heinous. Self-Righteous? The only self-righteous people in this matter are the ones who continue bashing Joe Paterno over the head with a shovel in this matter. The NCAA had as much authority to punish Penn State athletics here as they would have to punish Notre Dame or Boston College for the Catholic priest scandal.
“When there’s evidence that Joe Paterno belongs in hell, I’ll agree with your statement.”
I think that there’s ample evidence that Joe Pa decided not to make sure that Sandusky was brought to justice back in 2002 or thereabouts (whenever the other jerk who is now a “PSU coach” caught him doing his fudgepacker trick on a little boy in a PSU shower). Insofar as the Freeh “report” is concerned, I don’t put much stock in it as Freeh is another schmuck who thinks his excrement doesn’t stink because someone let him run the FBI for a while. The fact of the matter is, Paterno was a self-serving jerk who caused a lot of needless pain for any number of under age boys, and he should burn in Hell for that. As far as I am concerned, if PSU burned down tomorrow, it would be a net gain for society. Same goes for my alma mater, UC Berkeley. Both are cesspools of Marxist thought and deed.
Do you think by-law violation of a voluntary association is the same as them not recognizing the rule of law?
Do you think NCAA by-laws are the rule of law? Do voluntary associations have to abide by the rules established for Courts, right to trial by jury?
“You cannot kick me out of your club without a trial by a jury of my peers - a speedy trial - the right to confront my accusers - and proof beyond a reasonable doubt; or you are not recognizing the rule of law!!!!” - Do you understand how stupid that sounds?
Lack of institutional control is a punishable offense under the NCAA; and that is what they are being punished for.
Do you think Penn State exhibited good institutional control?
1998 wasn't simple.
No, it wasn't. Not at all. The 2002 incident that was kinda sorta witnessed by the cowardly 28-year-old assistant, McQueary (who then couldn't keep his own story straight), was not at all simple, either. I maintain that when it comes to accusing somebody of being a homosexual pedophile, you better see it with your own two eyeballs or AT LEAST have a victim come forward to point the finger. That never happened, and McQueary was totally unreliable.
None of this was simple, and that's why I have no respect for those morons who smugly claim Paterno is rotting in hell, as if he KNEW Sandusky was raping young boys. Paterno KNEW no such thing. Sandusky fooled literally hundreds of people, including Paterno. That's what homosexual pedophiles do - - they fool people.
As I mentioned in an earlier post, hindsight is 20/20. Paterno said that in hindsight he wished he had done more, and I believe him. I wonder how many scores of other people who associated on a regular basis with Sandusky right up until last freaking year wished they had, in hindsight, done more? I will never believe, as the smug simpletons around here with their 20/20 hindsight pretend to believe, that Paterno KNEW Sandusky was raping young boys and decided to just let it go on for the good of the football program. Gimme a break.
FRegards,
LH
Would you hire someone who reported seeing a friend of yours having sex in the shower with a young boy if you did not believe him? Would you keep him employed at your organization for the next decade plus?
What is known is that he was soon thereafter HIRED by Paterno as an assistant coach and employed by him over the next ten years.
What is known is that nothing was done to stop Sandusky for the next ten years.
What is known is that Sandusky would often be seen in the company of young men over the next ten years.
Now nobody knows if Paterno gave McQueary a job to stay silent - but it sure as hell looks that way.
Where is the “ample evidence” Show me please. You keep saying there’s evidence. Where is it.
So unreliable that Paterno made him his starting quarterback before his outcry against Sandusky, and after his outcry against Sandusky, Paterno found him so unreliable that he gave McQueary a full time position on his coaching staff.
+1
That isn't what McQueary told Paterno, but you know that.
What is known is that nothing was done to stop Sandusky for the next ten years.
Nothing was done by:
1. Sandusky's family.
2. Sandusky's friends.
3. Sandusky's 'Second Mile' associates.
Nothing was done by anybody except Sandusky's former boss, Joe Paterno, who reported the 2002 incident, which had been clumsily and unclearly reported to him by the 28-year-old McQueary, to somebody who was supposed to investigate further.
Yeah, I know all that. What's your point?
So, in your world Paterno wasn't concerned about McQueary's report that Sandusky was molesting boys in the Penn State showers, because McQueary was unreliable. Then Paterno gave a job to the same McQueary who -- according to you -- Paterno thought had just smeared Sandusky, his friend and coaching partner of decades, with false charges of child molestation.
Are you a moron or do you just play one on Free Republic?
I'll let my fellow Freepers decide just who the moron is.
Would you hire someone who told you your friend was doing something sexual with a young boy in the shower if you didn’t believe him?
Paterno knew of two reports of Sandusky in the shower with young boys.
He said it wouldn’t be humane to take it to actual authorities.
Paterno and his defeders are scum. That is my point. Besides the obvious that Paterno gave a job to the guy who came forward with the second report that we know JoePed knew of. Sick.
Well, of course that was Gary Schultz, not Paterno, who said that. But then, you know it all, just like the rest of the small little scum who relish tearing down others who have actually accomplished big things. In your sick little 20/20 hindsight world, people should stand up and yell, "Child molester!" at another man even if they have only a suspicion and second-hand reports, and even if no victim ever came forward.
Go play in the street.
Are you referring to the McQueary who told his family doctor the day after the shower incident in 2001 that he did not witness anything sexual, and because of that his family doctor told him to tell Paterno and not go to the police???
And is that the same McQueary who subsequently went to several fundraisers with Sandusky for his Second Mile charity???
And is that the same McQueary who later gave the police the wrong year, month, day when this unforgettable shower incident took place???
And is that the same McQueary whose testimony the jury in the Sandusky trial found to be undependable, that what he probably witnessed was merely a grooming incident, and thus acquitted Sandusky of the child molestation charge for that 2001 shower incident???
Is that the McQueary you are referring to???
Oh sure -- he's a reliable witness. Just ask the jury in the Sandusky trial.
Winning a football game isn’t accomplishing big things unless you are a very small person with perverse priorities.
There are small little people on these threads who have more venom for Joe Paterno than they do for Jerry Sandusky; more venom for Joe Paterno than they do for Sandusky’s family, friends, Second Mile associates, Penn State higher-ups, and the scores of other people Sandusky fooled but who apparently should have jumped up anyway and hollered, “Child molester!” because they had serious suspicions and, you know, heard things. And even though no actual victim of rape ever came forward to point the finger at Sandusky until recently.
I am done dealing with those small little people who try to make themselves feel bigger by tearing at the reputation of a dead man. They will get no more responses from me because those people are a waste of time. But I do appreciate your reasoned posts on the matter.
FRegards,
LH
“Where is the “ample evidence” Show me please. You keep saying there’s evidence. Where is it.”
I guess you can’t read, or more probably you can’t bring yourself to accept the fact that “your hero, Joe Pa” wasn’t what he professed himself to be. I guess there are a few around like you, but from what I read here on FR you are decidedly in the minority. Enjoy your ignorance of the facts!
Freeh was hired by Penn State University to investigate the actions of Penn State employees. Freeh wasn’t hired by the police department to investigate crimes outside of Penn State.
Seems to me that you are trying to muddy the waters to somehow excuse Penn State employees’ actions by saying “look over there, that’s much worse, leave these guys alone.”
I”m guessing you are thinking this whole investigation has ended at this point. But that is not the case. The police had better be following up on these Second Mile allegations.
Both groups felt as if they were above the law. Allegedly, the Second Mile acted like a secretive boy prostitution ring, and Penn State football program allowed a sexual predator access to it’s facilities with full knowledge what was going on. This same football program is/was and continues to be blindly supported to act ad if it is above the law.
Both are wrong and should be dealt with. You don’t ignore one for the other, no matter how much you wish to.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.