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re: Can Penn State Sue the NCAA?

Posted on 7/23/12 at 5:29 pm to
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196900 posts
Posted on 7/23/12 at 5:29 pm to
quote:

Prepare for paternos family to sue
who?
Posted by vl100butch
Ridgeland, MS
Member since Sep 2005
37154 posts
Posted on 7/23/12 at 5:31 pm to
the paterno family better be shutting up, lawyering up, and digging in...

and they need to be reminded that denial is not a river in egypt.....
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 7/23/12 at 5:31 pm to
quote:

Prepare for paternos family to sue

I can't imagine what they would sue for, but as poorly as they have handled everything I wouldn't put it past them.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196900 posts
Posted on 7/23/12 at 5:34 pm to
quote:

the paterno family better be shutting up, lawyering up, and digging in...
the more they talk the worse JoPa looks


Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 7/23/12 at 5:36 pm to
quote:

the more they talk the worse JoPa looks

Trying to protect his reputation and legacy is what caused most of this in the first place and they continue to keep doing so as the roof is caving in on top of them. Just remarkable how out of touch they are.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196900 posts
Posted on 7/23/12 at 5:38 pm to
quote:

Trying to protect his reputation and legacy is what caused most of this in the first place and they continue to keep doing so as the roof is caving in on top of them. Just remarkable how out of touch they are.
agreed,



Im not the first to say , I wont be the last
its the textbook examaple of how NOT to handle a crisis
Posted by LSU GrandDad
houston, texas
Member since Jun 2009
21564 posts
Posted on 7/23/12 at 5:38 pm to
quote:

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?


i'm pretty sure you can sue anybody for anything in this country. it would be a monumentally stupid thing to do tho. esp. since the sanction did not extend past their jurisdiction. i sure hope you're not a lawyer.
Posted by TheDoc
doc is no more
Member since Dec 2005
99297 posts
Posted on 7/23/12 at 5:40 pm to
I could see paternos family suing for defamation of joepa etc

Ridiculous? Of course it is. But I fully expect it.

Maybe they sue penn state too. They are still in denial.
Posted by vl100butch
Ridgeland, MS
Member since Sep 2005
37154 posts
Posted on 7/23/12 at 5:44 pm to
quote:

I could see paternos family suing for defamation of joepa etc

Ridiculous? Of course it is. But I fully expect it.

Maybe they sue penn state too. They are still in denial.





does anyone know how many paterno's are employed directly or indirectly by penn state?

i know george paterno was on the radio broadcast team...
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69120 posts
Posted on 7/23/12 at 5:48 pm to
quote:

"2.4 THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT [*]
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of
higher education and to promote civility in society, student-athletes, coaches, and all others associated with these
athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility."


This is what Emmert referred to in the presser. They had jurisdiction, they had the authority and they had the responsibility to act. And Penn State consented to it because it seems the University realized the historic impact of the ugly legacy that Joe Pa left.
Posted by Quidam65
Q Continuum
Member since Jun 2010
20515 posts
Posted on 7/23/12 at 5:59 pm to
Problem is they signed the consent decree that authorized the punishments:

LINK

Barring some legal claim that Penn State's president had no authority to bind it in such a manner (for example, if the Trustees had to approve it first and didn't), I don't see how they would make a case.

In fact if they tried the suit would probably be ruled as frivilous and Penn State would have to pay the NCAA's costs of defending the suit. They have enough money problems as things are looking, why make it worse?
Posted by Jimbeaux
Member since Sep 2003
21831 posts
Posted on 7/23/12 at 6:02 pm to
quote:

"2.4 THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT [*]
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of
higher education and to promote civility in society, student-athletes, coaches, and all others associated with these
athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility."


That is a serious stretch! Under that broad definition of "THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT", is there anything at a member unversity that the National Collegiate ATHLETIC ASSOCIATION does not have jurisdiction over?

Can the NCAA sanction a university if a professor is found to have plagarized in one of his published works when it was known by other professors, and they chose to cover it up?
Posted by Jimbeaux
Member since Sep 2003
21831 posts
Posted on 7/23/12 at 6:04 pm to
quote:

they had the authority and they had the responsibility to act


Why a responsibility to act? Was there no other remedy or course of action for the victims to pursue? Were they barred from suing the universtiy? I was not aware...
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196900 posts
Posted on 7/23/12 at 6:05 pm to
quote:

Can the NCAA sanction a university if a professor is found to have plagarized in one of his published works when it was known by other professors, and they chose to cover it up?
if it had something however intangible to do with athletics...

yes
Posted by Quidam65
Q Continuum
Member since Jun 2010
20515 posts
Posted on 7/23/12 at 6:07 pm to
quote:

For instance: Let's assume the NCAA fined Arkansas for the the poor ethical choices made by Bobby Petrino. Arkansas would have a legit shot at challenging such a penalty in both a NCAA appeal and, if unsuccessful there, in court.


Penn State didn't get the hammer because of Sandusky. They got the hammer because of covering up for Sandusky. And not just a rogue coach doing the cover up either -- the head coach, the AD, a top SVP, and the President himself were involved.

Arkansas did no such coverup. Once they learned what Petrino really did, they fired him and his mistress. And no wussy "settlement deal" either -- he was fired for cause (i.e., you're gone and no more money for you).

Hog fans may be delusional but even they aren't in denial over Petrino. Penn State fans can't seem to stop drinking the JoePa Juice.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69120 posts
Posted on 7/23/12 at 6:15 pm to
quote:

Why a responsibility to act? Was there no other remedy or course of action for the victims to pursue? Were they barred from suing the universtiy? I was not aware...



If the NCAA (made up of University presidents) did not have the guts to stand up to Joe Pa's Penn State legacy in this case where a cover up of child rape occurred by the football coach, they would be just as complicit in the historical context as Graham Spanier, the University president who didn't have the guts to stand up to Joe Pa at the time these atrocities occurred. This group of University presidents on the NCAA executive committee were going to take an historic step so they would not be so harsly judged in history as Joe Pa and Graham Spanier, etc. will.
This post was edited on 7/23/12 at 6:21 pm
Posted by bobbyray21
Member since Sep 2009
9490 posts
Posted on 7/23/12 at 6:23 pm to


quote:

OWLFAN86


quote:

people,, please try reading its fundamental

and the NCAA is a organization Universities JOIN

they can leave and become NAIA if they so choose



The Tarkanian case said that the NCAA was not a state actor. Subsequent SCOTUS holdings have called the continued validity of the Tarkanian holding into question.

Here is a detailed article on the subject.
NCAA as State Actor
Posted by Jimbeaux
Member since Sep 2003
21831 posts
Posted on 7/23/12 at 6:25 pm to
quote:

if it had something however intangible to do with athletics...

yes


I'm sure you meant tangible, so I'll assume it to be so.

The connection with athletics was tangential at best. This definitely opens a whole new area of control and responsibility that the NCAA did not have previously. An NCAA sanctions committee member said as much himself, and that in cautionary tones! It begs the question, is this the best forum for dealing with these types of weighty matters? Possibly criminal, but surely civil negligence violations?

Just because the NCAA could exercise authority here, not least of which was because Penn State was over a PR barrel and had no choice but to acquiesce, DOES NOT mean that they should have. Just because they extended "ethical conduct" clauses that were surely originally intended for sports related conduct, does not mean that it is a good thing, no matter how much we want to condemn and punish Penn State for its bad behavior.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
196900 posts
Posted on 7/23/12 at 6:25 pm to
quote:

bobbyray21
godamn lawyers
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
29254 posts
Posted on 7/23/12 at 6:36 pm to
quote:

Jimbeaux
Can Penn State Sue the NCAA?
quote:
"2.4 THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT [*]
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of
higher education and to promote civility in society, student-athletes, coaches, and all others associated with these
athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility."


That is a serious stretch! Under that broad definition of "THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT", is there anything at a member unversity that the National Collegiate ATHLETIC ASSOCIATION does not have jurisdiction over?

Can the NCAA sanction a university if a professor is found to have plagarized in one of his published works when it was known by other professors, and they chose to cover it up?


Short answer...the NCAA can sanction a university over whatever the member universities agree to. The NCAA is the universities.

Here is the entire list of principles and bylaws that the NCAA says Penn State violated:

Penn State violations


This post was edited on 7/23/12 at 6:37 pm
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