The Penn State community and the General Assembly should be aware that the NCAA relied on its own grossly inaccurate statement that “Because Penn State accepted the Freeh report factual findings, which the university itself commissioned …” to justify its sanctions against Penn State.
Two trustees — Kenneth Frazier and Karen Peetz — affirmed the Freeh report’s findings at a news conference and in an NPR interview.
The bylaws that the board’s controlling majority is now so fond of quoting to the new alumni trustees clearly say, “No individual trustee has the authority to act on his or her own on behalf of the university or the board.”
Frazier and Peetz, therefore, could speak only for themselves, as opposed to Penn State, and I am confident that the NCAA knew this.
Trustee Joel Myers added, correctly, “A report can only be accepted or adopted by the Penn State board of trustees through a majority vote, which never occurred in the case of the Freeh Report.”
Falsus in unum, falsus in omnibus (“false in one thing, false in all”) means that somebody who lies about even one matter of substance cannot prevail in a court of law or the court of public opinion.
The NCAA has, therefore, built its house of sanctions on a foundation of sand. I am writing to Attorney General Kathleen Kane and the legislature to encourage them to intervene accordingly.
And I encourage other Penn State stakeholders to do so.
William A. Levinson