Centre Daily Times Logo

NCAA's punishable offenses wide-reaching | Centre Daily Times

×
  • E-edition
  • Home
    • Customer Service
    • Mobile & Apps
    • Archives
    • Contact Us
    • Plus
    • eEdition
    • Newsletters
    • Subscribe
    • About Us
    • Local
    • Penn State
    • Sandusky Scandal
    • Communities
    • Crime
    • Business
    • Education
    • Politics
    • Public Records
    • State
    • Nation/World
    • Weird News
    • Sports
    • College
    • Golf
    • High School
    • MLB
    • Motorsports
    • NFL
    • NHL
    • Outdoors
    • Penn State
    • State College Spikes
    • Politics
    • Elections
    • PSU Sports
    • PSU Football
    • PSU Basketball
    • PSU Baseball
    • PSU Hockey
    • PSU Soccer
    • PSU Volleyball
    • PSU Wrestling
    • Nittany Lines Blog
  • Penn State Football
    • Living
    • Announcements
    • Family Pages
    • Eat, Play, Live
    • Home & Garden
    • Entertainment
    • Weekender
    • Comics
    • Games & Puzzles
    • Celebrities
    • Horoscopes
    • Movie News & Reviews
    • Music
    • TV
    • Opinion
    • Editorial Cartoons
    • Submit a Letter
  • Obituaries

  • Classifieds
  • Jobs
  • Cars
  • Homes
  • Place An Ad
  • Mobile & Apps

Jerry Sandusky Scandal

NCAA's punishable offenses wide-reaching

Adam H. Beasley - State College - Centre Daily Times

    ORDER REPRINT →

December 04, 2011 12:01 AM

STATE COLLEGE — Article 2.1 of the NCAA’s constitution is a slippery, nebulous passage of college athletics’ rule book that holds schools accountable for all sorts of sins under the auspices of “institutional control.”

And while precise language addressing a situation like Penn State’s child sex abuse scandal appears nowhere in the rule book, the NCAA appears open to using Article 2.1 to mete out punishment — even though it appears no underlying NCAA rules were broken.

But any bloodlust felt by sickened critics and enraged fans should be tempered. If crippling sanctions are in store for Penn State, they won’t come any time soon.

Any NCAA investigation into the university’s role in Jerry Sandusky’s alleged misdeeds — which would take up to a year in the best circumstances — will likely have to wait its turn.

SIGN UP

Sign Up and Save

Get six months of free digital access to the Centre Daily Times

SUBSCRIBE WITH GOOGLE

#ReadLocal

Law enforcement, the U.S. Department of Education and former FBI director Louis Freeh’s university- sanctioned investigation will surely all get first crack at the same evidence and witnesses the NCAA likely needs to conduct a full-fledged infractions inquiry.

“Penn State has four separate investigations going on at once,” said Justin Sievert, a Florida-based attorney who specializes in sports law. “I’m sure the NCAA investigation is at the bottom of that list.

“Plus the NCAA has no subpoena power,” added Sievert, who is not involved with the Penn State case. “Why would Sandusky or (former coach Joe) Paterno even interview with the NCAA? Nether are going to be coaching ever again anyway.”

Sandusky, the former assistant coach charged with 40 counts of child sex abuse but free on bail, is saying little publicly these days.

Same goes for former Vice President Gary Schultz and Athletic Director Tim Curley, both charged with perjury and failure to report a child rape prosecutors said occurred on campus. Former President Graham Spanier stepped down on Nov. 9 as a result of the scandal, and is currently on sabbatical from his teaching duties.

Still, the saga involving a football program with a once pristine reputation and an iconic head coach has drawn interest from across the globe, and the NCAA — behind crusading President Mark Emmert — had little choice but get involved.

On Nov. 17, Emmert sent new university President Rod Erickson a letter notifying the university that the NCAA will “examine Penn State’s exercise of institutional control over its intercollegiate athletics program, as well as the actions, and inactions, of relevant responsible personnel.”

Emmert also demanded the university answer a series of detailed questions about the school’s level of compliance to the constitution, most specifically pertaining to institutional control, by Dec. 16. An NCAA spokeswoman did not respond to an email Friday inquiring if Penn State had yet responded.

Based on Emmert’s words and the bylaw’s vague language, the NCAA might view institutional control a bit like obscenity — hard to define, but you know it when you see it.

The article’s first section places the burden of rule compliance upon each school’s president or chancellor, making him or her responsible for all aspects of the athletics program. NCAA rules deal mostly with defining amateur status and recruiting guidelines, not felonies.

But where the NCAA could find ground to act comes in Article 2.1.2:

“The institution’s responsibility for the conduct of its intercollegiate athletics program includes responsibility for the actions of its staff members and for the actions of any other individual or organization engaged in activities promoting the athletics interests of the institution.”

Paterno, Sandusky and Curley all fit that description. What remains unclear is what exactly the NCAA plans to do about it.

“Based on President Emmert’s statements, it’s not clear that this will be sent to the Infractions Committee,” said Josephine Potuto, law professor at the University of Nebraska and that school’s faculty representative at the NCAA.

“But if it is, this isn’t just uncommon, it’s unprecedented.”

In a way, Penn State’s situation is like the Baylor basketball scandal of 2003.

The underlying crime — Baylor player Carlton Dotson murdering teammate Patrick Dennehy — was what caught the NCAA’s attention. But the association’s ensuing investigation is what uncovered major violations at the school.

Baylor’s misdeeds included making improper payments to Dennehy, covering up failed drug tests by players, and most notably, an audio tape of then-coach Dave Bliss instructing assistant coaches to make up lies to muddy Dennehy’s reputation after his death.

Still, it took the NCAA two full years to decide on its punishment: Loss of games for one season and probation through 2010.

“They’re very different situations, obviously, but they both qualify as crises,” said Larry Brumley, who served as Baylor’s lead spokesman during the ordeal. “You can’t stonewall. You have to face up to the facts and you have to acknowledge where there have been failures.

“And you have to communicate what steps you’re taking to address those failures moving forward.”

  Comments  

Videos

Former Penn State administrators 'turned their backs' on child sex abuse, AG says

Fans discuss JoePa’s ‘glory days’

View More Video

Trending Stories

Penn State wrestling mailbag: Can Iowa or Ohio State test the Nittany Lions at Big Tens?

February 18, 2019 05:08 PM

‘Ready and willing’: Why Penn State is confident it can replace OL Bates, McGovern

February 18, 2019 04:48 PM

HS Sports Week in Review: SJCA’s Jack Mangene becomes school’s career scoring leader

February 17, 2019 06:49 PM

Guard alligator ‘El Chompo’ protected drugs for Pennsylvania dealers, prosecutors say

February 18, 2019 01:35 PM

School threat system fields thousands of tips in first month

February 18, 2019 07:35 AM

things to do

Read Next

Why several Penn State trustees request 3 actions to counter the Freeh report
Video media Created with Sketch.

Local

Why several Penn State trustees request 3 actions to counter the Freeh report

By Lauren Muthler and Kelsey Thomasson

    ORDER REPRINT →

June 29, 2018 07:54 PM

Several Penn State trustees on Friday held a special meeting to announce that they've finished their own review of the controversial Freeh Report and would like to make it public. However, without quorum present, they were unable to do so.

KEEP READING

Sign Up and Save

#ReadLocal

Get six months of free digital access to the Centre Daily Times

SUBSCRIBE WITH GOOGLE

MORE JERRY SANDUSKY SCANDAL

As HBO releases ‘Paterno,’ Sandusky story still drags on

Jerry Sandusky Scandal

As HBO releases ‘Paterno,’ Sandusky story still drags on

April 08, 2018 10:38 PM
No new trial for Jerry Sandusky, judge says

Jerry Sandusky Scandal

No new trial for Jerry Sandusky, judge says

October 18, 2017 12:15 PM
Sandusky attorneys ask judge to look at email evidence

Jerry Sandusky Scandal

Sandusky attorneys ask judge to look at email evidence

October 18, 2017 09:51 AM
Sandusky appeal decision to come this week

Jerry Sandusky Scandal

Sandusky appeal decision to come this week

October 16, 2017 05:31 PM
Judge says Sandusky’s lawyers are ‘misleading.’ Lawyers counter judge is ‘baseless’

Jerry Sandusky Scandal

Judge says Sandusky’s lawyers are ‘misleading.’ Lawyers counter judge is ‘baseless’

October 05, 2017 05:19 PM
Judge grants Freeh’s motion, rules against Spanier defamation suit

Jerry Sandusky Scandal

Judge grants Freeh’s motion, rules against Spanier defamation suit

September 20, 2017 02:59 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

Icon for mobile apps

Centre Daily Times App

View Newsletters

Subscriptions
  • Start a Subscription
  • Customer Service
  • eEdition
  • Vacation Hold
  • Pay Your Bill
  • Rewards
Learn More
  • About Us
  • Contact Us
  • Newsletters
  • News in Education
  • Photo Store
  • Archives
Advertising
  • Information
  • Place a Classified
  • Local Deals
  • Place an Obituary
  • Today's Circulars
Copyright
Privacy Policy
Terms of Service


Back to Story