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It's never once been explained how the so-called death penalty could be imposed, short of our D-bag President agreeing to it. If you'd like to be the first to break that ground, go right ahead.
If you consider the possibility of an institution-destroying 4-year death penalty hanging over our heads for however long the litigation takes to be the "total upper hand," then we certainly would have it.
To be fair, the NCAA made the first move by appointing Senator Mitchell "academic liasion". Thats a pretty strong move IMO, BOT had to do something.
The point to be made here is the NCAA will not at this point do anything, once they deny the appeal, a federal judge will be sought out for an injunction until a real NCAA investigation is conducted. They may at this point back down, only time will tell.
Remember in Scranton there was a long discussion before the BOT announced Erickson was OK with what he did, BUT, let me say, BUT no vote was taken to accept the sanctions. That stood out to me.
Haha I understand where you're coming from as well.
This is one case where I'm willing to sacrifice the devil we know for the devil we don't. Not saying that I'm arguing logically in this instance. I just think we have no other real choice in the matter.
That said, I don't think this will be successful in any way. I don't know that PSU has done anything to put itself in a good position throughout the entire process. This will be no different.
Yes and no. He's a former Senator, but not technically in government now. That's not over stepping having someone to monitor really. Now their sanctions...
Oh I certainly don't have the answer there either, but I can't help but have that fear in the back of my head. I never thought the level of the sanctions we currently have would've happened, but they did. I never thought they'd actually tear down the statue, but they did. I've just got a bad feeling, and those haven't panned out too well recently.
Emmert got Erricson to believe he was holding a royal flush, when in reality all he had was a pair of 8s, and Erricson folded as soon as he saw the flop, without ever drawing out the bluff. Heck he didn't even bother to check.
If Emmert said "these sanctions or death penalty", then Erricson should have said "then we'll see you in court". No way the NCAA presidents would have risked get completely invalidated by Federal court over this. They knew that the sanctions they imposed on us would have NEVER held up, and that was the only reason they demanded the consent agreement from Erricson.
They have no leg to stand on, without that consent agreement. We're a nation of laws & regulations, you can't just make up rules and punishments as you go along.
This post was edited by appoo 23 months ago
Black Shoes. Basic Blues. No Name. All Game.
Matt Hayes @Matt_HayesSN
Remember this about #PennState appeal: #NCAA has lost numerous major lawsuits, including restricted earnings coaches. Batting ave not good
I know a lot of people are giving Erickson grief, but if the NCAA did threaten to hit us with the death penalty, I think he agreed to take the current situation because there was no guarantee PSU could have won in court. Plus, if they announced a four year death penalty, the entire team would have left. The kids were not going to wait to see it play out in courts. The court of public opinion would have sided with the NCAA.
I also think in this case, the courts could say, if you do not like what the NCAA has done - leave the NCAA. PSU technically has a choice. They can leave the NCAA. Now, PSU would never do that, but if they do not agree with the rules, regulations and punishment set forth, they can leave the NCAA.
"I tell guys, 'Would you rather go to a Volkswagen dealership to get a Cadillac, or do you go to Cadillac?' "
-- LJ, Sr.
"DOMINATE the state" - James Franklin 1/11/14
First, yes I'm a Buckeye and second those sanctions were harsh, but harsher than a 4 year death penalty. It's hard for me to see that as the better alternative. Ericsson(sp?) may be a spineless coward as you all say, but it's hard for me how he did horrendously bad. Would you rather have most your football games and some revenue, by no means would it be more than you normally get, or no football and central Pennsylvania's economy go in the shitter because the driving force of the economy cannot play football for 4 years? From what it sounded like you guys were getting this is somewhat better. At least State College will still be able to play football for the foreseeable future.
Just my 2 cents, it probably isn't worth much on this board. Just trying to provide an outside opinion, which I'll probably get run out of here for.
Sorry itsmelen. Didnt mean to single you out. You were just the last one I got to.
This post was edited by dkerns 23 months ago
Maybe if this thing wins in court, which will be years from now, we could demand as retribution a share of the 1994 national championship.
On a side note: When the victims sue the university, and if they try to use the Freeh report, and the bread and butter of the report is denied by a judge to be submitted as evidence (as seemingly every lawyer has argued), what does the NCAA do? Isn't that a big deal? isn't that grounds for a lawsuit? I feel like the Freeh report needs to be discredited (in actual court) before going to the NCAA.
Similar to the treaty of Versailles, how did that work out? not well.
I'd rather the NCAA stuck to regulating competitive fairness and not criminal matters / cultural change dictator.
Can someone enlighten me as to how the appeals process works? Does it go to an neutral arbitrator? Straight to the NCAA? After appeal, if won, does NCAA still get to lay on more punishments or do they have to listen to arbitrator as far as how much they would be allowed to punish?
The sad part is, if this would've come out in 1998 Joe would've had an even greater stature than he did before this whole mess.
Use 2001, 1998 was investigted by the police and no wrong doing was found. Unfortunately even the pros missed that one.
Just a heads up.
A 4 year death penalty is never an option. The NCAA states clearly in its own rule book that a suspension of play may not be for any longer than 2 years.
The death penalty even for 1 year, was never a possibility. And the NCAA knew it. Doing so would've created hundreds more parties with standing to file lawsuits in the form of state college businesses that the NCAA would've drowned in court.
He may be one of the biggest douchebags on the planet, but Mark Emmert is not stupid. He would've never brought the death penalty bc the Freeh report would not hold up in court, and Erickson can't sign consent for the hundreds of businesses affected by such an action.
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