re: Penn St. BOT Intend to Appeal Sanctions

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A member of the Penn State BOT joined by 3 other members have filed an appeal of the school's NCAA sanctions without putting the appeal before the BOT for a vote.

And their standing for filing the appeal is because the NCAA sanctions were not brought to the BOT for a vote.

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Boom goes the dynamite

They are appealing to the NCAA, not the state or federal court system. And that's like the Saints appealing Roger Godell's sanctions. According to one article I read, a majority of the NCAA's executive committee, comprised of 18 university presidents, were in favor of the death penalty. However, the settlement was hammered out by Emerett & Penn St's BOT ( in some form or another) and part of that settlement was Penn St giving up the right to appeal. The BOT's bitch is with its own leadership, not the NCAA. And the BOT is not an innocent bystander here by any means. Keep stirring the shite up & more is apt to come out.

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Actually I believe the 4 BOT members expect the NCAA to reject their appeal. At that point they'll file in Federal Court and seek an injuction and gain at least temporary relief from the NCAA imposing the sanctions.

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where they will lose. Good luck trying to prove a consent decree violated your rights.

"Did you agree to this?"
"Yes, but..."
"Get the hell out of my courtroom."

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If it required the signatures of all BOT members and that wasn't done, then they do have a legitimate argument. I just don't know if that's the case.

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It seems that should have been determined before filing the appeal. Erickson consulted with Uni counsel and the Chair.

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And Emmert will be able to say "Well, now that the school is appealing, the original sanctions now go into effect. Have a nice day!"

As far as the NCAA is concerned, the school would be breaching the agreement and it's PSU's fault for not following proper procedure.

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I see what you're saying but as we know, the NCAA would have to adhere to a court's injunction. I don't agree with dragging this out, but if they manage to get some sort of stay, the NCAA will be fighting this for years. I wish this would just go away.

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I see what you're saying but as we know, the NCAA would have to adhere to a court's injunction. I don't agree with dragging this out, but if they manage to get some sort of stay, the NCAA will be fighting this for years. I wish this would just go away.

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As mentioned up-thread, one possible solution to this would be 2/3 of all NCAA member schools voting to expel Penn State.

I don't see 427 of the 1280 schools in the NCAA voting to leave Penn State around given the total clusterfrick that this situation has been.


Even the THREAT of doing this should be enough to make the BOT back down.

FWIW, this does indeed seem like a significant enough situation that should have come before the BOT before a final "agreement" was made...

That said, there's no use for the BOT crying over it now.... what are they hoping to accomplish here? By appealing, they'll probably end up getting the death penalty and be worse off.

I can understand the BOT being upset with the President, but I don't really understand why they would try to appeal this and risk worse punishment and/or more media attention.

I wish the NCAA would show them how excessive they can be. I'm sure there will be some at the NCAA that will want to absolutely bury PSU if they show up for an appeal.

I don't think the NCAA is going to be happy with being played like this.

ULLLLLL won an injunction in Federal court as well, permitting them to play in the NCAA basketball tourney. They got to play, went one & done, and then the NCAA stepped in & hammered the basketball program with the death penalty for 2 yrs or so. Penn State will find out that challenging the NCAA is like challenging the IRS. You may win one small audit, but in the end they have you by the balls & you are forever under their microscope. As well, any & all appeals will simply make the lawyers richer & suck more money out of the coffers that may be needed to pay off the civil suit settlements.And the last I read, Penn State's insurance carrier is looking at an exclusion in the policy that mite give them full relief from having to pay any money at all.Unlikely but it is out there to worry bout.