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EDUCATION: FOOTBALL: SPORTS: COLLEGE :
SPORTS: GOVERNING BODIES SANCTIONS:
ORGANIZATIONS: NAMED ORGANIZATIONS:
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) :
DECEPTION :
LAW: CASES:
Loses Bid to Avoid Penn St. Sanctions Trial
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Loses Bid to Avoid Penn St. Sanctions Trial
By Mark Scolforo
Tuscon.com
http://tucson.com/sports/ncaa-loses-bid-to-avoid-penn-st-sanctions-trial/
article_e929846e-ec29-5c3f-8002-51d6672373ed.html
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A shorter URL for the above link:
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http://tinyurl.com/ktookw5
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HARRISBURG, Pa. (AP) - Pennsylvania's highest court on Wednesday turned
down a bid by the NCAA to prevent a January trial over the legality of
penalties imposed on Penn State over the school's handling of the Jerry
Sandusky child molestation scandal.
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The state Supreme Court, in a brief order, rejected a request made by the
NCAA after a lower court determined the trial will focus on the 2012
consent decree that included a $60 million fine.
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Justice Max Baer wrote separately that the NCAA was not entitled to what
it was seeking because the judge did not exceed her legal jurisdiction.
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The NCAA had argued that Commonwealth Court Judge Anne Covey improperly
expanded the underlying case, in which two state officials sought to
enforce a state law keeping the $60 million in Pennsylvania.
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The NCAA sought to end the case after it agreed the money would remain in
the state, to address child abuse-related issues, but Covey has kept the
case alive.
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NCAA officials debated PSU penalty
November 5, 2014, 1:53 PM ET
Josh Moyer
ESPN
ABC News
http://abcnews.go.com/Sports/ncaa-officials-debated-psu-penalty/story?id=26711452
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Julie Roe Lach, then the NCAA's top enforcement officer, responded to
Lennon about 75 minutes later. She told him that "Mark" -- believed to be
Emmert -- thought Penn State did gain a competitive advantage, although
she and several others disagreed with that point.
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"I characterized our approach to PSU as a bluff when talking to Mark
yesterday afternoon after the call," she wrote.
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Roe Lach was ousted seven months later in the wake of a botched probe into
the University of Miami athletic department.
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The emails cover only a few days and reveal just some of the conversations
NCAA officials shared leading up to the sanctions. But the glimpse still
offers more insight into just what transpired prior to the NCAA's decision
to hand down unprecedented punishment to Penn State in the wake of the
Jerry Sandusky child sex abuse scandal.
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The university was fined $60 million, was given a four-year postseason
ban, was forced to allow players to transfer elsewhere without penalty and
had scholarships severely reduced, among other penalties. Some called it a
fate "worse than the death penalty."
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In September, however, most of those remaining sanctions were rolled back
after the university's athletics integrity monitor, former Sen. George
Mitchell, recommended the action in his second annual report. The
sanctions were also lessened slightly in 2013.
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Internal NCAA emails question right to sanction Penn State
Posted by John Taylor
November 5, 2014, 12:28 PM EST
NBC Sports
http://collegefootballtalk.nbcsports.com/2014/11/05/
report-internal-ncaa-emails-question-right-to-sanction-penn-state/
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A shorter URL for the above link:
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http://tinyurl.com/nx8wn3y
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In part of a series of extremely damning and damaging emails that further
cuts away at what little credibility the NCAA has left when it comes to
enforcement, one prominent now-former member of The Association itself
questioned in 2012 whether the governing body even had the authority to
levy sanctions for what was essentially an off-field issue unrelated to
football. That official, then-NCAA Vice President of Enforcement Julie
Roe Lach, went so far as to refer to the threat of sanctions as a "bluff,"
an assessment in which embattled NCAA president Mark Emmert agreed.
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Another email indicated the NCAA was banking on the university's
embarrassment over the scandal to force them into agreeing with the
punitive measures. Both of those appear below, with Lach's leading off:
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"We could try to assert jurisdiction on this issue and may be
successful but it'd be a stretch. I characterized our approach to PSU as a
bluff when talking to Mark [Emmert] yesterday afternoon after the call. He
basically agreed b/c if we make this an enforcement issue, we may win the
immediate battle but lose the war when the COI [Committee on Infractions]
has to rule."
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"I know we are banking on the fact the school is so embarrassed they
will do anything, but I am not sure about that, and no confidence [the Big
Ten] conference or other members will agree to that," wrote NCAA Vice
President of Academic and Membership Affairs Kevin Lennon on the same day.
"This will force the jurisdictional issue that we really don't have a
great answer to that one"
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Damning Emails Show The NCAA Was "Bluffing" On Penn State
Kinja
http://deadspin.com/damning-emails-show-the-ncaa-was-bluffing-on-penn-sta-1655021442
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NCAA's Penn State Email Trouble Starts in Presidents' Outboxes
Dan Wolken,
USA TODAY
Sports
6:30 p.m. EST November 5, 2014
http://www.usatoday.com/story/sports/ncaaf/2014/11/05/
analysis-penn-state-ncaa-presidents-jerry-sandusky-case-emails/18544131/
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A shorter URL for the above link:
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http://tinyurl.com/ntbgg3o
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Roe Lach and Lennon knew this was a tough spot for the NCAA because Penn
State hadn't broken rules in a traditional sense and that Roe Lach's
division - which is responsible for presenting cases to the Committee on
Infractions - would very likely lose.
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At a time when people were so outraged over Sandusky that many clamored
for Penn State football to die and the culture around the program to be
overhauled, the back-and-forth between Roe Lach and Lennon strikes me as
measured, strategic and thoughtful in meeting their directive to "do
something."
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There was even pushback from Lennon on the idea - which Roe indicated came
from Emmert and other presidents - that Penn State had gained a
competitive advantage that would justify sanctions. They were also clearly
concerned the impact of acting without due process on future issues.
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The presidents who ran the executive committee, however, had no such
concerns. And no matter what negotiation tactics were used to coerce
school leaders to sign a consent decree that included unprecedented
penalties, blame them for taking the cheap public relations victory over
the long view.
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It wouldn't be the first time.
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Presidential missteps - from realignment to foolish legal strategies in
defending amateurism to autonomy - have taken the NCAA in a direction from
which it may never recover. Their desire to look good, to give the public
a veneer of integrity while bathing in excess and profit, always comes
back to bite them.
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This is much bigger than whether Emmert keeps his job over a ham-handed
strategy in sanctioning Penn State. Until college presidents figure out
that they're not equipped to run a semi-professional sports organization,
replacing one with another won't fix the fundamental problem.
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WEBBIB1415
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The complete article may be read at the URL above.
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Temple University
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