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 ...
IMO, take all football away from them until 2020 and let all their current players and prospects transfer to other schools without penalty. Also, Penn State should pay reparations to anyone molested. Any other suggestions?
The NCAA should be like my Dad was to us.
“You’re grounded for a week”
“But....but.....”
“Make it two weeks....”
Uh, when was it that the board of trustees started caring about innocent students?
Here’s my suggestion. Revoke all sanctions until evidence is discovered that supports the conclusions of the Freeh Report.
When evidence is finally discovered, you can put the sanctions back in place.
Uh, when was it that the board of trustees started caring about innocent students?
Ryan McCombie, PSU board member: “Due process is not a theoretical concept to me. It is one of the core values that I fought for as a Navy Seal and as a 26-year veteran of the US Navy. I spent much of my adult life in 3rd world countries ruled by tyrannical dictators. Little did I know upon retiring from this exciting yet stressful vocation to bucolic Central PA, that I would become embroiled in a comparable experience here.”
Thank you for your service, Ryan McCombie. So, Happy Valley is like a (bucolic) third world country?
Before any appeal by Penn State gets any media attention, where are the damages that should be paid to SMU?
The NCAA has stated the penalties cannot be appealed—there is no mechanism for doing so. Case closed.
I believe he was referring to the NCAA as the third-world dictator. I agree with him 100%.
A left-wing hack (Freeh) that has a history of bogus reports and framing innoncent people is hired by left wing educators to come to a conclusion based on no evidence that a dead conservative Republican head coach covered up a horrendous crime.
What really saddens me is that members of a conservative website are all too eager to participate in the left-wing media’s piling on of this dead conservative without looking at the facts.
The appeals are just standard procedure. The next step is court and I expect the NCAA to have their asses handed to them like Tarkenton and Neuheisel did.
IMHO, this is a good thing-—the ruling was a travesty in many ways—and Unjust—and it glossed over many officials who knew what was happening and who closed their eyes, FOR WHAT REASONS?????? I will guarantee that there are many more rapers of these young, vulnerable boys, men who have been protected (because they are well-connected and wealthy). Homosexual rings always pass the boys around. They are wealthy, highly educated and in positions of power. They seek power over others. (Franklin Cover-up) and the Hollywood rapers of the Corey’s-—passed the boys around among themselves—in group sex. Male homosexuals are all about orgies and with others in sodomizing others. They like an audience.
In studying these homosexual sex rings-—collecting usually around the non-profits that “care” for boys like Boy Scouts organizations, etc.,—there has always been a large number of men involved in the molestations. They work in groups when they are so well-known and “connected”.
There were more Sandusky’s than just one in this case—I guarantee it—who were raping boys from the Second Mile. This case was open and shut in a VERY short time. Very odd. And wasn’t some lawyer killed—like in the Franklin Cover-Up case when they got close to the White House?
As in all the cases, I have looked into-—it is dozens of these perverts. Like the Fabian Socialist, John Maynard Keynes-—they have a “thirst” for boys and a obsession and large group orgies with young boys. This obsession is personified in the myth of Zeus who abducts and rapes the beautiful boy, Ganymedes, his lust is so uncontrollable.
This case stinks-—always has-—but it was a grand cover-up and is why they ended it so fast with such unusual sanctions on people who were not involved in the evil and let evil people skate and get jobs now with Zero.
Unbelievable, the evil in this corrupt judicial system. Look up the evil philosophy of this ex-pres of Penn State. He is one who should be in prison-—but why such a great paying job?????? Read about his sex swinging 20 years ago-—and think he had qualms about sex with boys????? Shush money.
Kabuki Theater - Act II
Here’s the actual letter - written by ex Navy Seal Ryan McCombie - a newly elected B.O.T. member. Not that any of you baboons would actually want to read it:
06 August 2012
Dear fellow board members
The challenges we have dealt with over the past year have been the most difficult and demanding that any Board of a Public University has ever faced. The issues are incredibly painful and highly contentious and the path that we should follow is anything but clear. Nonetheless, it is our mission to determine what happened without favor or bias toward the responsible parties, just as it is our duty as trustees to act in the best interests of Penn State. I do not believe the recent actions of the Administration and the NCAA have been consistent with that mission, and I cannot but feel that our inaction is a failure in our duty. I believe we owe to all involved – especially our University community – to insist on and require full due process before we accept these penalties.
Due process is not a theoretical concept to me. It is one of the core values that I fought for as a Navy Seal and as a 26-year veteran of the US Navy. I spent much of my adult life in 3rd world countries ruled by tyrannical dictators. Little did I know upon retiring from this exciting yet stressful vocation to bucolic Central PA, that I would become embroiled in a comparable experience here.
I respect Louis Freeh and I appreciate the work he and his staff did to investigate the handling of the Sandusky matter. At the same time, I think it is important to recognize that the Freeh report is not the equivalent of a legal hearing or review. No one testified under oath; multiple key witnesses were not interviewed; accused parties were not given a fair chance to respond; the findings were highly subjective; and several individuals are still waiting to have their day in court. Yet despite these very serious limitations and others, our Board allowed the Freeh report to be presented as a full and fair review, which it most certainly is not; and we stood by passively while the University accepted an unprecedented penalty from the NCAA, based entirely on the findings of the Freeh report. These are grave mistakes that inflict undue harm on the entire Penn State community, in addition to compromising the rights of numerous individuals.
The argument that is given on all of these issues is that we must do whatever we can to serve the victims and act in a way that eliminates the chance that something like this can ever happen again. I support that end and understand the sentiment behind it, but also know that we owe it to our University and the constituencies we represent to demand due process in this matter. Our desire for speed and decisiveness cannot and must not justify actions that clearly and decisively compromise the future of this institution, unfairly tarnish its reputation and violate the rights of accused individuals. If in the rush to put this crisis behind us, we act in a way that limits the discovery of the full truth or unfairly blames certain individuals, while exempting others who rightfully deserve blame, we will have completely failed on the most important task this Board will ever have.
It is for these reasons that I have decided to file an appeal today with the NCAA seeking a full due process hearing. Additionally, I will be, along with others, seeking to determine whether President Erickson had the authority to enter into the consent decree absent Board approval. It is my belief that this matter did require board approval and that we should engage in a full, and complete, review. In the end, we all benefit from having this matter handled correctly and with full regard for due process – only then can we be truly confident in the result and the actions we take as a board. Furthermore, only after we have given all involved the opportunity to be heard can we move forward together as one University.
It is my sincere hope that some or all of you will join me on this path. If you wish to join in my appeal, please contact my attorney, Paul Kelly, at (617) 305-1263, or by email paul.kelly@jacksonlewis.com.
Let me also be clear: I do not do this seeking a predetermined result nor do I claim to know what the final answers will be. If there is blame to be borne by any or all of our officials, a due process hearing will not hide that fact and I will accept it – as will the tens of thousands of Penn Staters out there not assuaged by a limited process.
I know my actions will be poorly received by some on this board and in the community at large. To that end it would be easier to remain silent and allow these unfair actions to remain unchallenged. I cannot do this. As long as I am a member of this board, I will fight to learn the full truth of the Sandusky scandal and then, and only then, endorse the assignment of blame and the imposition of sanctions.
For the Glory,
Ryan J. McCombie
The Bd of Trustees will lose on this one.
They select the President of the University, who in turn is given authority to make such agreements. Even if the President of PSU was to go to the BoT, and they denied the decree, yet the President signed the Consent Decree....the PSU BoT would still not have a case against the NCAA
HOWEVER....this does not apply to the Paterno family suing for JoePa’s lost wins. That case will be won by the Paterno family...and easily
There is already legal precedent for all this
In Tarkanian v NCAA....the Supreme Court ruled that the NCAA did not have to give member schools “due process” (ie. “hearings”), however, it must give “due process” to individuals. The NCAA was allowed to put UNLV (nevada-Las Vegas) on probation...but could not punish coach Jerry Tarkanian without “due process”
In other words....Penn State University will lose in court....but Joe Paterno (his estate) will more than likely prevail in their individual lawsuit (mainly re-instating JoePa’s wins)
The Bd of Trustees will lose on this one.
They select the President of the University, who in turn is given authority to make such agreements. Even if the President of PSU was to go to the BoT, and they denied the decree, yet the President signed the Consent Decree....the PSU BoT would still not have a case against the NCAA
HOWEVER....this does not apply to the Paterno family suing for JoePa’s lost wins. That case will be won by the Paterno family...and easily
There is already legal precedent for all this
In Tarkanian v NCAA....the Supreme Court ruled that the NCAA did not have to give member schools “due process” (ie. “hearings”), however, it must give “due process” to individuals. The NCAA was allowed to put UNLV (Nevada-Las Vegas) on probation...but could not punish coach Jerry Tarkanian without “due process”
In other words....Penn State University will lose in court....but Joe Paterno (his estate) will more than likely prevail in their individual lawsuit (mainly re-instating JoePa’s wins)
Oh boy, pass the Kool Aid.
Poor JoPa did everything he could to protect those boys. Heck, JoPa didn’t even know that it was possible for a man to rape a boy. Simple JoPa wished, in hindsight, he had done more.
JoPa was just a football coach, trying to win games and teach boys how to be upstanding men. Teaching them the Penn State Way.
Yes, Happy Valley is like a third world country... Guyana, perhaps?
Considering there was no mechanism in place for implementing the sanctions in the first place, that’s complete bullshit. Try again.
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