Jerry Sandusky Scandal

Penn State athletics monitoring to end

CDT photo

Penn State athletics integrity monitor Charles Scheeler delivered his first report on Monday.

It was also to be his last.

Former senator George Mitchell, who stepped down in February, recommended in his second report, in 2014, that if progress continued over the next year, he would recommend to both the NCAA and Big Ten that the intensive oversight of Penn State — part of the sanctions levied after the Jerry Sandusky child sex abuse scandal — be ended early.

Scheeler agreed with this decision, citing a provision in the athletics integrity agreement between the parties that allowed the reduction “based upon compelling evidence that the athletics culture is consistent with the NCAA constitution and bylaws and the Big Ten handbook and that sufficient progress has been made in the implementation of the AIA.”

According to the report that Scheeler’s firm, DLA Piper, published to their website, both the NCAA and the conference have accepted his suggestion.

“Penn State’s progress has been noticed by others,” Scheeler wrote, pointing to Moody’s Investor Services’ rating of the university at “Aa2 with a positive outlook.” The report specifically mentioned strengthened governance and management practices, as well as the Middle State’s Commission on Higher Education, which re-accredited the university in the spring, saying “many institutions talk about integrity, but Penn State lives integrity.”

Also cited was Rutgers University and its recent creation of an athletics integrity position that mirrors that office at Penn State.

Scheeler said that in a summer meeting with President Eric Barron, there was a pledge given to maintain the changes that have happened over the past three years well beyond the five years the AIA was slated to last.

“In particular, President Barron noted the benefits that have inured from the creation of the athletics integrity officer position and gave me his commitment to maintain that position,” Scheeler wrote.

He also referenced the fact that the Department of Defense “sought guidance from the university regarding programs to address violence against women.”

Scheeler made a caveat to his suggestion.

“This recommendation is contingent only upon the absence of any material adverse events occurring between now and semester’s end,” he wrote. “This is a highly unlikely possibility given all that has been accomplished during these last three years.”

The NCAA confirmed the decision.

“As reflected in the third annual report of the independent athletics integrity monitor, Penn State has made considerable progress through its commitment to reform and we support the recommendation that the monitoring conclude at the end of the year. We appreciate the thorough oversight of Charles Scheeler and Sen. George Mitchell, as well as President Eric Barron’s leadership and the university’s dedication to continued progress,” said Kirk Schulz, Board of Governors chairman and Kansas State University president, in an email.

The Big Ten Council of Presidents and Chancellors joined the NCAA Board of Governors in accepting the recommendation to end the monitorship required by the Athletics Integrity Agreement at the conclusion of the calendar year, according to a media release.

“We are very pleased with the recommendation for early conclusion by the independent monitor,” said Penn State Athletics Director Sandy Barbour. “This shows confidence the infrastructure and processes we’ve built into our regular operations are showing positive results and is a testament to everyone’s commitment to compliance. Our efforts are not complete and we will continue our dedicated approach to building an ethos of compliance through collaboration and communication across all of Intercollegiate Athletics.”

“The end of this monitorship, essentially two years early, is the result of a focused, dedicated effort on the part of Penn State, and an awful lot of hard work from many, many individuals, from the Board of Trustees on down,” Barron said in a statement. “It is yet another significant milestone in the University’s recovery from an extraordinarily difficult and challenging set of circumstances, and I would be remiss if I did not recognize Penn State leaders and employees who worked diligently to implement hundreds of significant and meaningful changes in a short period of time, changes that have made us a leader in higher education on compliance issues.”

“It is certainly gratifying to see Mr. Scheeler’s recognition of the hard work by the administration and staff in making Penn State a model institution in terms our approach to compliance,” trustees chairman Keith Masser said. “We intend to continue our progress and remain a leader in this area, as well as other areas of importance.”

Barron told the Centre Daily Times that he was proud that the university not only met its goals but had taken a leadership role on the issues.

This was the latest and, according to Barron, the last step back from the historic sanctions announced in July 2012. Most had been rolled back over the past year, starting with Mitchell’s September 2014 report and the subsequent return of some scholarships and the ability to participate in postseason play. Just weeks after Penn State beat Boston College in the Pinstripe Bowl, the university’s first return to a bowl since the Sandusky scandal, most of the other sanctions were negated by the settlement of a lawsuit brought by state Senate Majority Leader Jake Corman, R-Benner Township, against Penn State and the NCAA.

“There is nothing left to comply with,” Barron said.

The only sanction not repealed at this point is the $60-million fine levied in the consent decree, and even that has been modified, with $12 million of it being directed to a perpetual fund for children’s issues at Penn State while the remaining money will be going to help children throughout Pennsylvania.

This story was originally published September 21, 2015 at 4:08 PM with the headline "Penn State athletics monitoring to end."

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