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Can Penn State Sue the NCAA?
Posted on 7/23/12 at 4:36 pm
Posted on 7/23/12 at 4:36 pm
Besides the fact that they agreed to it to avoid getting the death penalty, could PSU have sued the NCAA for passing a sanction that extends past their jurisdiction? What the coaches and officials at Penn St did was one of the most despicable things possible, but they will be handled in the legal system.
For the record, I think Penn State deserves what they get, but for something without precedent, the NCAA President being judge jury and executioner is a dangerous precedent to set.
For the record, I think Penn State deserves what they get, but for something without precedent, the NCAA President being judge jury and executioner is a dangerous precedent to set.
15
Posted on 7/23/12 at 4:37 pm to SammyTiger
quote:
that extends past their jurisdiction
it's not. The clause or rule or whatever Emmert used to do this made it their jurisdiction.
Posted on 7/23/12 at 4:37 pm to SammyTiger
Think for a minute of the absolutely horrible PR that would come out of sueing the NCAA after this.
Posted on 7/23/12 at 4:38 pm to SammyTiger
PSU signed off on these sanctions. Pretty sure their recourse is minimal at best, if at all.
Posted on 7/23/12 at 4:38 pm to TH03
quote:
The clause or rule or whatever Emmert used to do this made it their jurisdiction.
What rule was it? Or is there a better article than the ones i have read so far?
Posted on 7/23/12 at 4:38 pm to SammyTiger
quote:
for passing a sanction that extends past their jurisdiction?
What are you talking about?
You realize Penn State is a member institution of the NCAA and they can withdraw from it if they don't like it. They agree to rules and punishments as long as they are a part of the NCAA
Posted on 7/23/12 at 4:38 pm to SammyTiger
Even if they could sue (they agreed to this), they would be beyond stupid to try.
Posted on 7/23/12 at 4:39 pm to SammyTiger
I would think they'd have a hard time winning a case since they opted to sign off on it.
Posted on 7/23/12 at 4:40 pm to Duke
It's like, people don't understand what the NCAA is.
There how been tons of posts talking about how the NCAA shouldn't be doing this, and how can they do this.
It's like any organization made up of members they freely agree to take part in it and abide by the rules. If you don't like it and can't play by the rules, you leave. Case closed.
There how been tons of posts talking about how the NCAA shouldn't be doing this, and how can they do this.
It's like any organization made up of members they freely agree to take part in it and abide by the rules. If you don't like it and can't play by the rules, you leave. Case closed.
Posted on 7/23/12 at 4:40 pm to SammyTiger
Had they not agreed to it, they could have appealed and could have sued, and would have had a pretty good case.
However, the pr nightmare that would have resulted would have cost them more money and any semblance of being able to restore the good will to the name of the University, so it isn't/wasn't a realistic option.
However, the pr nightmare that would have resulted would have cost them more money and any semblance of being able to restore the good will to the name of the University, so it isn't/wasn't a realistic option.
Posted on 7/23/12 at 4:41 pm to SammyTiger
I don't see why not as NFL players are suing the commissioner(bounty gate).
But your forgetting the fact that in both cases the organizations, university athletic administrations and NFLPA, conceded the power to penalize to the NCAA and commissioner.
They will end up just wasting more money.
But your forgetting the fact that in both cases the organizations, university athletic administrations and NFLPA, conceded the power to penalize to the NCAA and commissioner.
They will end up just wasting more money.
Posted on 7/23/12 at 4:41 pm to DollaChoppa
quote:There were no rules related to this case and the NCAA, by its own admission, didn't treat this a violation of its by-laws.
If you don't like it and can't play by the rules, you leave. Case closed.
Posted on 7/23/12 at 4:41 pm to SammyTiger
I don't really think PSU wants to draw this out anymore...obviously it's an enormous black eye on the university...what purpose would it serve to sue the NCAA?
Posted on 7/23/12 at 4:43 pm to SammyTiger
LINK
people,, please try reading its fundamental
and the NCAA is a organization Universities JOIN
they can leave and become NAIA if they so choose
people,, please try reading its fundamental
and the NCAA is a organization Universities JOIN
they can leave and become NAIA if they so choose
Posted on 7/23/12 at 4:45 pm to WDE24
quote:
There were no rules related to this case and the NCAA, by its own admission, didn't treat this a violation of its by-laws.
No, but they did treat it as a lack of institutional control which is punishable...the NCAA had every right to punish PSU and PSU either has to live with it or leave the NCAA if they don't like it.
Posted on 7/23/12 at 4:45 pm to OWLFAN86
quote:Or they could sue them if they chose to. People sue organizations they join all of the time.
people,, please try reading its fundamental
and the NCAA is a organization Universities JOIN
they can leave and become NAIA if they so choose
Posted on 7/23/12 at 4:47 pm to PurpleAndGold86
quote:debatable
.the NCAA had every right to punish PSU
quote:Thy accepted it, but they certainly could have brought a lawsuit had the NCAA handed out the same sanctions without PSU's consent and would have had a decent chance at winning.
and PSU either has to live with it or leave the NCAA if they don't like it
Posted on 7/23/12 at 4:48 pm to OWLFAN86
Thanks for a link to a case where the NCAA was told it had the power to enforce its rules. Here it wasn't enforcing its rules, it was punishing wrongdoing not covered by its rules.
Posted on 7/23/12 at 4:49 pm to WDE24
had they not accepted the punishment the NCAA could have voted them out of the NCAA in Jan.
Emmert had the votes to do just that
PSU knew this
Emmert had the votes to do just that
PSU knew this
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