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I think the NCAA and PSU will say that these members do not speak for PSU and therefore, they will not hear the appeal. The BOT will try and get it heard in federal court, but that is not going to be easy either.
My guess is the BoT members who are pushing this would want the consent letter tossed because Erickson signed it without consulting the full board. The way I see it is more along the money involved (the fine, the loss of bowl revenue, ect.) that is the leg for the BoT members filing this to stand on. Erickson signing off the sanctions without consulting the full BoT has crippled the University, and football and athletic programs financially. That would be their argument, IMO.
Others with better legal knowledge might have a different opinion. Would like to hear it.
This post was edited by miegoc 23 months ago
Also, if this goes to Federal court it may not be heard for years. By then the sanctions may be just about over unless they can get some injunction set soon.
Exactly. If the PSU brass indicates that this does not represent PSU, the NCAA will not recognize it and PSU will indicate to the courts that McCrombie (and Lubrano I assume) and his lawyers for not represent the University, at which point it would be thrown out.
This accomplishes nothing.
Well I think the basis for the appeal is that there wasn't an official vote by the BOT.
And that simply inquiring with two people, Peetz being one of them, is not sufficient - therefore, Erickson still didn't have the authority to sign the consent.
My concern is if the corrupt members that have been seated for a while, simply eventually vote to accept Erickson's consent to the sanctions and have enough to get a majority. Can they do that with a pending case or appeal, though?
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This will have a case if they can prove Erickson violated any bylaws in not consulting the entire board.
That would probably be the move. Get a federal court to apply an injunction to the sanctions. Then you can just create a mess - you can argue Psu could demand enforcement of the transfer rules. Bye bye all of those transfer eligibilities, unless the NCAA takes outrageous action...
And then you've got a new can of worms. There's a huge mess that is potentially there because the NCAA waived process. It is potential, so it's not realistic and probably won't happen.
I think it will depend on a couple things: 1) how many BOT members join this movement, and 2) if these board members can convince the courts that Erickson, without board approval, did not have the right to speak for PSU himself.
Unfortunately, I could see this ending up as a power play by the "veteran" board members - don't join the movement and leave McCombie and Lubrano (assuming he's the second one) twisting in the wind by themselves with a failed lawsuit. I doubt the veteran BOT members appreciate the waves that the new guys have been making. JMO.
He's been snookered. How could he in a world of "due process" after PSU asks for an appeal, say "oh really, well now we'll up your penalties" -- we would have total upper hand if that happened, he would look like an idiot (more of one). Even Goodell is reviewing Vilma's punishment, but could you imagine if Vilma walked into the appeal and came out with harsher for punishment for even questioning it?
Too late, once announced, unless new info comes up that he could say materially changes the case (which don't know how it could be more damning than Freeh Report), the worst we can get is what is already announced.
This post was edited by edtee 23 months ago
I'm seeing visions of Hulk Hogan almost down and out against Andre the Giant, when he starts shaking his fist in the air.
We can thank the breakthrough that Jonathon Vilma is having in federal court against Roger Goodell for this. When all else fails, take it to a Federal judge. I'm not even optimistic about the outcome, I'm just so happy to see that we are finally stepping up.
Go to the ESPN conversation page on this article for a good laugh. Trolls and blowhards saying shut down the university, they will get the death penalty now, yada yada yada. God I hate those toolbags and douches. Thank god for 247.
I won't thank that. Its awful and they aren't letting a Commish do his job. Sorry, not interested in being along those lines. I want the sanctions to be reduced but not by government over-stepping its boundaries.
Sometimes it doesn't matter if you win or lose, you just have to fight.
Exactly. The sanctions were in lieu of potentially getting the death penalty. Take the sanctions off the table, and it's fair game again. We won't get off free and clear, and it won't be a slap on the wrist. Double edged sword.....
When do Shultz and Curley's trials start? I think the information from those cases could make a big difference. Still, I'm less than hopeful. I mean the NCAA honestly believes the police not doing anything to Sandusky in 1998 gave PSU a competitive advantage. But then comes out and says it's not a coach's job to investigate with UCF. Makes absolute zero sense.
This post was edited by JettaPSU2001 23 months ago
I think our government is WAY past overstepping its boundaries.
And at this point, it's either them or the NCAA. I'd rather have the one that works in our favor.
This post was edited by psubills62 23 months ago
As dangerous a precedent as Emmert set, this one could be worse. You really want those hacks on Washington getting involved frequently in college or pro sports? For all we know they may want to punish us more to get votes (granted I know this would go through a federal court system, relax).
I understand that Emmert and Rod have opposing views on whether the death penalty was used as leverage.
I agree. I was going under the assumption that the majority of the board would not back this appeal. If McCrombie was going to have support for this, it would already be in place (especially after that special meeting).
If you ever feel the need to get really pissed off, I suggest reading ESPN comments on PSU stories. The trolls and morons that post on there are unreal.
The only way this gets somewhere is if a judge decides that Erickson did not have authority to bind Penn State. Likely the only way that happens is if certain procedures and bylaws were not followed. Given how big of a shitshow this has been from the beginning, I wouldn't put it past him. Admittedly, it's a longshot. But, more than anything I'm happy to see someone on the BoT break rank and admit that Erickson negotiated a terrible deal for Penn State. If this appeal and suit spark some internal change, it will have done its job as far as I'm concerned.
I do understand the precedent this sets. But fact is, I'm already used to the government sticking its nose where it doesn't belong.
Frankly, the NCAA forced us into a situation where we have no other option. Yeah, OK, we could just take the pill and wait out another 8 years before we're competitive. What kind of a solution is that?
There's a lot of different directions this could have gone. NCAA could have done nothing. That would have been ideal. After the sanctions, I wouldn't have minded hearing some rumblings of the schools being upset with the power of the NCAA and thinking about leaving. Any one of these would have been best.
Unfortunately, when people or organizations just don't do the right thing, the last resort is to get the government involved. If the NCAA had kept its nose where it belongs, this wouldn't be an issue.
Emmert will force Errickson into self-imposing the same sanctions. Problem solved for the NCAA.
Black Shoes. Basic Blues. No Name. All Game.
Oh I understand that. But I don't want us to make a deal with the devil to get what amounts to a negligible difference.
And just because they over step their intended boundaries too often, doesn't make once more "ok."
But I understand where you're coming from. I know this isn't the route you want or even think we should have to take. But at this point it is what it is.
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