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In this country, due process is a constitutional right.
The NCAA will claim the Freeh report was the due process they needed, and the Paterno's will respond that none of them were interviewed by that investigation. They will also claim that there's no evidece in the Freeh Report that Coach Paterno was involved in an active cover up of Sandusky, or was involved in the decision making to not report the matter to the police, and was not legally required to do so by any state or federal law or NCAA by-law. Since the NCAA only decided that 1998 and onwards is relevant, they don't even have a convicted criminal that was an active member of the football program. No charges were brought upon Sandusky in 98, an he was retired in 2001.
Given those two things above, what right does the NCAA have to punish the football program?
Black Shoes. Basic Blues. No Name. All Game.
I've been told that only parties named in and impacted by the consent decree have standing. Others would have to prove significant harm, and there's no one that can do that...
Excuse me if I'm wrong but didn't PSU waive due process by signing off on the sanctions. The Freeh Report was done by request of the university and they didn't dispute it. So...what exactly do the Patenos have to do with this?
The Paterno's have no case here. The NCAA is not going to hear it. First, Joe Paterno is no longer alive. The family was not named in any of the NCAA sanctions it was Joe. The Paterno family also does not work or represent the university. The Paterno family was not punished by the NCAA. So, I do not think the NCAA will hear it and will not hear it. So, the Paterno's are going to have to look elsewhere and I think they are going to have a tough go.
It would appear that the school agreed to it under duress, which could also play into it.
Would it help if I used the phrase "Paterno Estate"? Death does not clear one of legal debts, obligations, rewards, records, or honors.
The NCAA sanctioned, directly, Joseph Vincent Paterno, by taking away his wins between 1998 - 2011. The Paterno family is involved in this as much as the football program.
You are correct to some extent. But despite what the media has been saying since day one... Paterno is not PSU. His family with the help of Sollers can do whatever they like.
The NCAA injected themselves into this situation when they did not have to. Back in November they made statements that entered them into the conversation because of "The public outcry was so great" - Mark Emmert. They never needed to stick their nose into a Criminal case. PSU did make many mistakes most of which appears to be due the the higher-ups trying to stem the overwhelmingly negative tide of bad publicity. This ironically was Louis Freeh's same rationale behind why Spanier, Shultz, Curley, and Paterno were alleged to cover-up the Sandusky issue. I just think the NCAA needs to legitimately be accountable for their actions and explain how they believe they should be able to skirt their own rules, and seemingly make up new ones and set new precedents on the fly. The pace alone with which the Executive committee rained down their decision was publically motivated. Their justifications just don't make sense and they have repeatedly lied about how this whole thing went down. Why not be totally transparent when dealing with an alleged cover-up that hasn't even been tackled by a court of law yet.
This post was edited by VinegarBased636 20 months ago
First off, the Paterno family is not as involed as the University in all of this. The Paterno family did not own the university. The Paterno family was not on the BOT. There is not a member of the Parterno family that is still empoyed by the University. PSU is honoring Joe's contract and the estate got everything per that contract. I know they took away his wins, but PSU did agree to this and everything else and what harm can the estate claim? I know the brand is hurt but they are going to have a tough time proving any of thise in court, even if it makes it to court, which I doubt. I am telling all of you right now that the NCAA does not hear it. Even if they can get a court to hear the case, what are they going to win from it? Do you think PSU is going to put up the statue again? Are they going to allow Peachy Paterno to be made again?
PSU signed off on the sanctions. The NCAA rules are crazy and they will have their team of lawyers argue that they wre within their rights and PSU will come into court and say the same thing. It sucks but it is the turth. The Paterno's will lose here.
I think the only people that actually have a case and might win is the current football players. If some of the current kids go to court, they are the only ones that might, might have a chance of having a case heard on all of this.
I would not be surprised to see a current or by the time this gets to court a former football player join in the complaint that will be filed when this request for a hearing is denied.
It would have to be curent players because they are the ones that can say they were unfairly harmed by all of this. The NCAA would counter by saying that the current players are not harmed because they can leave now and they have no restrictions. However, I think the current players still could have a case. They are the only ones that might have a shot at getting it heard. You would also want younger players, kids that have four years left because the NCAA would try and hold it up and delay so you want the younger kids that will be there for four years that still can say that they are harmed and were harmed if it is heard three years from now.
Derek Levarse @TLdlevarse
"NCAA spokesman Bob Williams // RT @NCAABob Penn State sanctions are not subject to appeal."
lol its the first step. Law suit is coming.
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