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They were super quick to jump on the SuePa clan. Do they even take the Navy vet and crew seriously? I wish I had popcorn for this.
B/c this is coming from BOT members I look for the NCAA to take a day or 2 and then release a formal statement stating that there will be no appeal process. I think they are willing to see if the BOT members are willing to bring suit and just exactly how many of the BOT members are on board with this.
Dominate The State
It's interesting.. When The Paterno's files the appeal, it was declined in about an hour. This one has not. I wonder if a bunch of trustees jump on this and the threat to go to court is high, if the NCAA would negotiate a deal
Bob Williams already made a statement. Not up for appeal
I think PSU's best hope is to file suit and hope that the NCAA agrees or the courts order some type of arbitration. I don't think the NCAA will willingly agree to reduce the sanctions b/c it would set a bad precedent and show weakness. I think the best chance is some type of court ordered arbitration.
Link? Or is this from his general statement after the Paterno move?
Pertaining to the statement released today by the two board members or the Paterno's statement last week?
This post was edited by PSUjosh11 20 months ago
"DOMINATE the state" - James Franklin 1/11/14
Just checked Bob Williams' twitter. His last tweet was this:
@NCAABob: Penn State sanctions are not subject to appeal.
That is the tweet he made after the Paterno's released their appeal statement 3 days ago.
That's what I thought. NCAA is in for a fight. Loan me some popcorn.
No they are not...unless PSU somehow gets Erickson's sig reversed. Thats doubtful w a split BOT.
I understand your point. Perhaps I should have said that the BOT and RE are in for a fight that will open up new dialogue and information. I think the NCAA has a real threat here. However I agree that the signature authority is key.
It will be interesting to see if more trustees jump on. I personally think that Mark Emmert is going to fall on his own sword here. It will also be interesting to see if the BoT fires Erickson for not consulting them before signing the deal with the NCAA.
The two issues are:
1. Erickson's authority to sign
2. The NCAA Presidential Coalition's vote to grant Emmert the power to singlehandedly make this decision
The actual sanctions can not be overturned, because Emmert had free authority to dispose any punishment he pleased. Due process was altered by the Coalition's vote, and PSU would need to prove that such a vote violated NCAA bylaws. In that case, the NCAA would need to conduct its own investigation and deliver punishment through the actual sanctions committee. Even if Erickson's sig is somehow reversed, it's doubtful IMO that the Coalition's vote will be nullified.
This post has been edited 2 times, most recently by CKpsu5220 20 months ago
I have one upvote left, and I am not afraid to use it!!!
No lawyer, but you'd have to think that the two parties (Paterno estate, PSU board members) have standing to file an appeal. How can a dead man consent? Sure there will be more to come with PA money being siphoned out of state, local economies being destroyed and no due process. Seriously, biggest sanctions in US sports history based on opinion? Are you f'in kidding me? There are an almost infinite number of stake holders with cause. Two counter forces working here. Public perception vs due process and the rule of law. Who wins in the end defines our society, so we shall see. And when I say who wins it's not the outcome, but the process used to deliver the outcome.
The few public appearances and statements I've heard from emmert since these sanctions were handed down tells me if the sanctions were challenged in the court of law, the NCAA wouldn't have a leg to stand on.. Everything about this process seems unconstitutional to me, it's too bad the decisions that got us to this point may not allow those who resist the NCAA, their day in court...
The Constitution isn't involved in this in the least.
That said, Erickson needed BoT authorization, so the meat of the issue will be (1) how many BoT members folded to Peetz; and (2) what the requirement is for a BoT approval vote (majority? super majority? plurality?).
If Erickson didn't have authorization (he needed it), then everything on the NCAA's side is mooted. The Board gave Emmert leave to be a tool based on our caving, and if we aren't caving, then they have to follow their own bylaws (essentially a contractual obligation), which means a full-blown investigation. That, in turn, means that the punishment will have to follow the bylaws based on whatever the findings are. Which, in the end, means that no punishment is appropriate because no provision was violated.
Edit: I skimmed the Cohane case briefly, and there is a plausible argument that the NCAA is a state actor here based on its use of the report we commissioned, but until a second Circuit Court adopts that ruling, I'm not getting hopeful.
This post was edited by psume06 20 months ago
Is it possible that the punishment is overturned,and a full investigation ordered? What happens if the the investigations lead to essentially the same findings? I don't think PSU would get a 4 year football ban, but I could see a two year ban. To me, your current punishment seems like a plea bargain in a trial. If you make the "court" go through the process/expense of a trial, and are still found guilty, it's not for the punishment that was negotiated in the plea bargain, it's usually worse.
In other words, do you think you could get the agreement thrown out, only to get worse punishment later?
The true test of a man's intelligence is how much he agrees with you.
tdiddy talked to inspector gadget tonight, he thinks PSU has a chance in court. He fully expects the NCAA to shoot down the appeal. Just an opinion
who the hell is inspector gadget? I know the cartoon dude and the movie. But is this someone real?
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