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Posted on 7/12/12 at 11:40 am to GeorgeTheGreek
quote:
Seems like a prime example of lack of institutional control to me.
Lack of institutional control applies to NCAA rules and NCAA rule compliance. I haven't found any NCAA rule regarding child rape yet. This is outside of the scope of the NCAA. The guilty will be jailed, and the university will pay through lawsuits.
Quick doc I could find on just what is NCAA institutional control:
LINK
Lack of institutional control sounds like it applies, but in the NCAA context it is a term if art that is not applicable in this case.
Posted on 7/13/12 at 2:31 am to GeorgeTheGreek
quote:
Seems like a prime example of lack of institutional control to me.
What was the institution failing to control?
They were failing to control the criminal actions of a former university employee.
Do the criminal actions of a former employee fall within the ambit of the NCAA's regulatory scope?
Of course not.
Imagine if Tennesse allowed Phillip Fulmer to keep an office on campus after he was fired as football coach. And then Fulmer starts up an illegal firearm distribution operation, and uses his university office as his headquarters in running the entire operation. Assume that all the higher ups know about it, but they don't do anything to stop it. Eventually Fulmer's firearms ring gets busted up by the cops, and all this comes to light.
Should the NCAA be involved? Of course not.
And the only difference between the fulmer hypo and the PSU situation is that one makes you cringe and the other doesn't.
A lack of institutional control penalty from the NCAA has to be based on underlying rampant violations of NCAA rules. All the NCAA really is just a huge goddamn rulebook and a collection of people figuring out to what extent the rules in that rulebook have been broken.
Institutional control is about adherence to that rulebook. Control over your program so that it plays by the rules in that rulebook.
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