If you have not read the entire 43 page lawsuit filed Jan 2, 2013 by the Commonwealth of Pennsylvania against the NCAA, then you need to do so immediately. A link to the document is already provided by the staff at Eleven Warriors.
I, like most people, did not look beyond the surface of the public outrage and cries for punishment. It seemed almost wrong to defend the Penn State position in any way.
However, upon reading the legal document, it is very clear that the NCAA operated not only outside of its own established procedure, but in the end, could not cite a single NCAA infraction committed by the program that was Sanction worthy". Despicable and vile criminal acts by a sexual predator, yes...but nothing of an actual violation as stated by their own "Manual".
The Attorney General and the Governor's office has correctly cited some past gross criminal violations at colleges under NCAA authority in which it took NO action whatsoever. How about murder? In 2003, one Baylor basketball player killed a teammate, and it was found that the other players were coerced to lie about it and say the victim was dealing drugs (subsequently proven false). The NCAA reaction? Nothing. How about the case of the Montana football players raping multiple girls on campus? Nothing. Or how about the Lacrosse star who murdered his girlfriend, a member of his university's women's team? Yep. Nothing again.
The legal document describes multiple instances where the NCAA doesn't get involved in the criminal, even sexual criminalities, of member institutions, but rather leaves it rightfully to the court system set up to handle those crimes. The document goes on to detail clearly how the sanctions came improperly from the NCAA president, Emmert, and the board, which are BOTH explicitly barred from such action by their own bylaws. The Committee on Infractions is the only arm of the NCAA permitted to mete out punishment. It is clearly demonstrated that the NCAA broke ALL of its own internal procedural guidelines in order to deliver a decision intended to repair its own tarnished enforcement image and flex muscle it did not legally have.
Conclusion? Well, you may have heard it right here first...I absolutely believe that when this case goes to court, the severity of sanctions will be dramatically reduced or eliminated altogether! If you would like to comment, I urge you to read the legal document first. Yes, it's a bit of a read, but extremely absorbing once you get into it. What are your thoughts?