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Chances the NCAA Sanctions are Reduced...

  • psubills62 said...

    Frankly, I'm tired of the notion that this is unprecedented. As a general ethics case, this has quite a bit of precedent. Just because nobody's seen THIS EXACT SPECIFIC case before does not mean it's unprecedented.

    If that's the definition, then every single case the NCAA comes across is unprecedented.

    NCAA essentially called the Boise State case unprecedented too:

    "NCAA officials denied that the Boise State case has direct comparison to any past cases."

    I think you are missing the point. When has the NCAA ever implemented penalties outside of their infractions committee and utilizing a consent decree in place of any investigation? This is truly a unique approach that has NEVER been used before to my knowledge.

    spud358

  • spud358 said...

    I think you are missing the point. When has the NCAA ever implemented penalties outside of their infractions committee and utilizing a consent decree in place of any investigation? This is truly a unique approach that has NEVER been used before to my knowledge.

    The way they went about it was unique, but that doesn't make their response (or the case in general) unprecedented. If the NCAA hasn't shown mercy before to send positive messages about cooperation, I don't know why they're going to start with us.

    signature image

    psubills62

  • psubills62 said...

    The way they went about it was unique, but that doesn't make their response (or the case in general) unprecedented. If the NCAA hasn't shown mercy before to send positive messages about cooperation, I don't know why they're going to start with us.

    It's unprecedented because it's a criminal action they're getting involved in. Also the way they did it (which you mentioned)- giving power to Emmert alone to make decisions, no investigation, no infractions committee, no chance to respond are certainly unprecedented.

    The types of penalties, LOIC tag, and the ethics clause are not unprecedented.

    PSU17

  • psubills62 said...

    The way they went about it was unique, but that doesn't make their response (or the case in general) unprecedented. If the NCAA hasn't shown mercy before to send positive messages about cooperation, I don't know why they're going to start with us.

    we'll have to agree to disagree here because IMO almost everything about the PSU case was unprecedented. The procedure used here has NEVER been used before, not once in the history of the NCAA. Further, they have never been involved in a criminal matter of this nature in their history.

    I'm floored that one could even argue that their response was anything but unprecedented in the PSU case, but to each their own I guess.

    spud358

  • IF the PA lawsuit is accepted I think the NCAA will yield. They should not have an anti trust fear BUT they have a huge discovery fear. Plus they can back out gracefully and show mercy.
    The biggest issue of any legal action is..............."What is the remedy requested? I would think the remedy requested in this case is a couple of hundred million of dollars lost to the local central PA area. WHY would the N$C$A$A$ want to mess with this type of potential liability??????????? It could bankrupt them and thus bring more bean counters into their business.

    jayer

  • jayer said...

    IF the PA lawsuit is accepted I think the NCAA will yield. They should not have an anti trust fear BUT they have a huge discovery fear. Plus they can back out gracefully and show mercy. The biggest issue of any legal action is..............."What is the remedy requested? I would think the remedy requested in this case is a couple of hundred million of dollars lost to the local central PA area. WHY would the N$C$A$A$ want to mess with this type of potential liability??????????? It could bankrupt them and thus bring more bean counters into their business.

    The suit expressly states that it isn't seeking monetary damages. Now, if the entirety of the sanctions play out, I suppose they could amend since they'd have clear economic harm then, but I don't know what the legal basis is there.

    psume06

  • Any idea how long until a judge would normally take to rule on this type of motion?

    PennStateFan33

  • psume06 said...

    The suit expressly states that it isn't seeking monetary damages. Now, if the entirety of the sanctions play out, I suppose they could amend since they'd have clear economic harm then, but I don't know what the legal basis is there.

    And they did this because the courts generally view this more favorably than lawsuits seeking monetary damages.

    getmyjive11

  • PennStateFan33 said...

    Any idea how long until a judge would normally take to rule on this type of motion?

    The judge will probably rule sometime late spring or into the summer.

    PSUJT0409

  • I believe the chances overall are about 50/50 right now.

    If the three amigo's are either found not guilty or the charges are dropped ( with a clear explanation that there was not enough evidence,not that Lanny Davis screwed up and created a "tainted" case) the chances tip over the 50/50 balance in PSU's favor.

    The second item, the states anti trust case, is the ticking time bomb for the NCAA.I don't think this case will ever go to trial. If the motion to dismiss the case fails, the NCAA will be IMMEDIATELY in deep crap. Discovery will begin immediately, the NCAA can't stop it. They will never release all of their internal communication ( which will become PUBLIC knowledge should the governor wish) They will not allow the disposition of the members of the executive committee by "hostile" attorneys of the caliber they would face...except that they CAN'T stop it.

    This stuff will happen quickly ( Corbett wants a kill shot before the primaries) The NCAA will throw Emmert under the bus or their entire organization will be on very shaky ground BEFORE this gets to court.

    I will predict that if the motion is denied, the NCAA will settle quickly...before the end of the up coming season with a 90% chance ( IMO)

    The other law suits only complicate the NCAA defense. Emmert is gone by Christmas regardless of what happens in the PSU case IMO.

    This only drags out if the Amigo's are found guilty and the BOT waves some kind of surrender flag to shut down the States case...which will NOT happen because of the damage it would do to Corbett.

    The 50/50 is simply because the motion to dismiss is not yet resolved, if it is upheld PSU and Corbett loses, if it is dismissed Corbett and PSU win. Who do you think the Judge fears the wrath from more ...A sitting State Governor or the NCAA?

    FLY

  • leftcoastlion said...

    Honestly, I think the lawsuits hurt the chances. Will just put the NCAA up against a wall. They won't want to look weak.

    They could have looked merciful--PSU cleans up its act, Mitchell reports are glowing, etc etc--except that now any backtracking may look like they are giving in to political pressure.

    You guys got what you wanted, but I think it will hurt more than anything.

    Wow. When a bully came after you in school did you just stand there and allow him to pummel you repeatedly? I can't fathom that people are still pretending that playing the pacifist will yield desireable results. Rod Erickson tried that for a year. Got us an ass whooping.

    psumichael

  • Let's remember we are commenting on this issue out of season when there isn't the media storm that exists during the season. This topic will be on a lot of TV sets as fall gears up and thus pressure will ratchet up on the growingly unpopular NCAA. The issue will sooner or later take chunks instead of chips out of the NCAA's credibility (heck they are doing that to themselves). Never underestimate the power of the TV set my friends. Here's to reduced sanctions because they are coming in some form.

    mezz

  • We're trying to funnel this type of discussion into the thread pinned at the top of the page. Link attached below.

    All-purpose sanctions/NCAA/BOT thread

    Im seeing a lot of new threads on very similar topics pop up on the board recently. In the interest of providing a place where we can discu

    pennstate.247sports.com

    Andrew Dzurita