Corbett’s Missed Argument Against the NCAA

Pennsylvania Governor Tom Corbett’s lawsuit against the NCAA is based, in part, on the idea that Penn State had to go through the normal infractions process. That idea is expressed like this in the lawsuit:

No enforcement action may be brought or discussed directly with the member institution outside of the Committee on Infractions’ process.

First of all, that statement is incorrect. Under the NCAA Constitution, the enforcement program is used to discipline member institutions between NCAA Conventions:

Disciplinary or corrective actions other than suspension or termination of membership may be effected during the period between annual Conventions for violation of NCAA rules. (See Bylaws 19 and 32 for enforcement regulations, policies and procedures.)

Harkening back to the Sanity Code and the Sinful Seven, members may be disciplined or have their membership terminated or suspended at the annual NCAA Convention. This was previously discussed looking at the possibility of Penn State being voted out of the NCAA.

The membership of any active member failing to maintain the academic or athletics standards required for such membership or failing to meet the conditions and obligations of membership may be suspended, terminated or otherwise disciplined by a vote of two-thirds of the delegates present and voting at an annual Convention.

A good sign that someone has not taken the necessary time and care to review NCAA rules before relying on them is when they get something wrong that would be in their favor. The fact that discipline can be handed out at the NCAA Convention helps Pennsylvania’s case. A complaint does not have to be the most precise legal document, but between this, other errors, and inconsistent citation of NCAA bylaws, the understanding of NCAA rules leaves a lot to be desired.

The argument should be not that the Executive Committee, Division I Board of Directors, and President Mark Emmert simply ignored the enforcement process. It should be that those parties also ignored an existing process that was available to them in unprecedented or extraordinary situations.

Posted on by John Infante
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2 Responses to Corbett’s Missed Argument Against the NCAA

  1. Ridpath says:

    John I guarantee you there are probably only three people that knew this, with you and I being two of them (of course subject to interpretation) but it does amplify that they still went out of established procedures to exact punishment when no NCAA rules were broken.

  2. scp1957 says:

    You fellows, being men of the world, surely must know WHY they chose to do so, I would hope. The only questions are, “whose powerful behinds were being covered?” and “what did they do, exactly?” Was it enough to call down the heavens, simply to protect the Friends of Saint Jerry, had they only been revealed to be his true enablers? Or, was one or more someone’s among them, or somewhere in the shadows, also a Friend of Saint Jerry’s Kids? Questions, surely, that all of those people who were once photographed with Saint Jerry, their Pal, didn’t want asked. Too many newspaper morgues with too many damning pictures. So few such pictures, at so few benefits and galas, for the notoriously unsocial JoePa. The contrast would’ve spoiled their narrative, it’s true, but the juice necessary to spare them from the embarrassment (and even career jeopardy) seems beyond reach for such small beer. No, Door No. 2 makes more sense to me.

    Fellow pedophiles, c’mon down! Alas, not. Pity, too, because orphans disappear all of the time in America. I wonder how many of Saint Jerry’s Kids did, as well as to where.

    How many favors were and are owed for the cover-up? It takes a lot to move big shots like University Presidents off the dime so quickly, after all. Ambassadorships. Corporate Directorships. More prestigious Universities. Book deals and speaking fees are easy, of course, but most of these guys and gals probably aren’t that easily bribed. They didn’t get where they are, most of them, by rising from the ashes. Most came from comfort and ease and wouldn’t be too easily moved by more of it. Nah, “respect” is the key to their empty souls, just like with the Don.

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