PSU and Mark “Moonshot” Emmert, the Moral Coward: Try Reading Your Own NCAA ByLaws

Here’s Emmert’s latest quote, from an ESPN article :

“As the facts are established through the justice system, we will determine whether association bylaws have been violated and act accordingly,” NCAA president Mark Emmert said in a statement Thursday. “To be clear, civil and criminal law will always take precedence over Association rules.”

Emmert is just plain wrong. He doesn’t know what he’s talking about.  He hasn’t read NCAA By Laws, or any of its’ numerous recent opinions.  This is, in effect, the craven — and patently wrong —  interpretation of NCAA By Laws which he is creating out of thin air:

The NCAA must not take any action to investigate or prosecute until AFTER all facts have been established through the criminal and civil justice system.

There is ZERO support for this notion in the NCAA ByLaws.  None. Zippo.  What moonshot did Emmert take off on?  The NCAA’s duty to investigate and prosecute (which, in this environment of palpable evil which developed at PSU, couldn’t be more pressing) exists APART from any criminal or civil actions undertaken by other persons or entities.  Look at, for example, the recent OSU and UNC cases brought by the NCAA : both had civil, administrative, and criminal proceedings swirling around them.  This didn’t PREVENT the NCAA from applying its’ By Laws.

And here, as regards allegations of rape on premises at PSU, the facts HEIGHTEN the NCAA’s duty to act.

Emmert: it’s one thing to take a dive, and to be a moral coward in the face of modern, explicit evil.  But don’t make up interpretations of NCAA By Laws which are not just preposterous, but aim to “paper-over” the NCAA’s clear duty  to investigate and act, as mandated by By Laws 1, 6, 10, 11, and 19. (See our previous post, which lists those By Laws mandating that the NCAA act now.)

Emmert needs to be told to leave.

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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1 Response to PSU and Mark “Moonshot” Emmert, the Moral Coward: Try Reading Your Own NCAA ByLaws

  1. Jim says:

    The PSU board of Trustees paid Mr. Freeh $7,000,000.00 to cover thier asses for the firing of Paterno & Mr. Freeh delivered just what they were looking for. Justification for the knee Jerk firing of the most respected coach in college football. Give me $7 million & I will tell you whatever you want to hear. Unfortunatly, what the trustees faled to realize was that Mark Emmert was going to use their Biased, unchecked, non-sanctioned, unscrutinized, unproven report to totally destroy the future of the Institution they thaught they were protecting.

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