Sandusky, PSU, Emmert, NCAA All Play Make-Believe: PSU Must Self Report NOW

Summary: Jerry Sandusky loves to play “make believe.” There is unequivocal evidence of: a) the “possibility” of (numerous, ongoing) NCAA Violations at PSU; and b) the possibility that PSU has “Lacked Institutional Control.”  PSU, Acting PSU Pres. Erickson, the NCAA’s Mark Emmert continue to play their own version of make believe by failing to self-report or investigate.

Jerry Sandusky wrote in his 2000 book entitled, “Touched”:

“‘I believe I live a good part of my life in a make-believe world… I enjoyed pretending as a kid, and I love doing the same as an adult with these kids.”

Kinda makes you squirm in your seat, just to read that — and he actually put that in print eleven years ago?

PSU's Spanier with Ryan Seacrest

Fundamental to the entire NCAA enforcement/oversight process is every school’s duty to immediately “Self-Report” to the NCAA when it believes that there is a “possibility” of some violation of NCAA By Laws having occurred. There’s no “certainty” required, so this is a very low threshold requiring report to the NCAA — a Self Report which should include as much detail as the school has in its’ possession.  If the school fails to timely and diligently Self-Report, then that failure can later be the basis for imposition of  a stronger penalty by the NCAA.,

PSU is playing ‘Make-Believe’ by daily violating its’ obvious duty to Self Report any of the repeated and many Sandusky-related events since 1998.  Here’s the language from By Law 19 which (along with similar package of “morals”-related provisions in ByLaws 1,6, 10, 13, and 14)  mandates PSU Self-Report a “possibility” of multiple By Law violations by Paterno and others:

19.01.2 Exemplary Conduct. Individuals employed by or associated with member institutions for the administration, the conduct or the coaching of intercollegiate athletics are, in the final analysis, teachers of young people. Their responsibility is an affirmative one, and they must do more than avoid improper conduct or questionable acts. Their own moral values must be so certain and positive that those younger and more pliable will be influenced by a fine example. Much more is expected of them than of the less critically placed citizen.“[Coaches’] own moral values must be so certain and positive that those younger and more pliable will be influenced by a fine example. Much more is expected of them than of the less critically placed citizen.”

We call this NCAA mandate a “Higher Standard.”  And let’s look at another source for such a higher standard — See, for example, the You Tube of PSU then-Pres. Graham Spanier at last summer’s NCAA Conference of Presidents in Indianapolis (where he was identified as the “Student-Athlete Well-Being Working Group Chair“) where he states:

“The discussion has been incredibly productive. First and foremost, we are unanimous in believing that we need to bring a higher level of integrity to the conduct of intercollegiate athletics, with stronger enforcement and stronger punishments.”

(Just to be clear, Spanier was not functioning  at this Council of NCAA Presidents as the Chair of the “Young Boys In Football Team’s Showers” Well-Being Working Group.”  Thank god, because it might have involved so much prep work as to have prevented him from attending American Idol last April, as shown in the photo below –only weeks after the first press accounts of the Sandusky alleged assaults on children.)

Graham Spanier at American Idol last Spring

Then let’s look at another expert source for guidance.  Here’s the quote from “On-leave” PSU AD Tim Curley, which is lifted today from the PSU Athletics website:

“We must be cautious…. not to let enthusiasm for athletics lead us into conflict with the very specific rules and regulations of the National Collegiate Athletic Association or the Big Ten Conference.”

What possible excuse could anyone at PSU have for not reporting the “possibility” of numerous By Law violations?  It can’t be that Acting AD Ericson has just decided he’ll “gamble” whether, when eventual NCAA enforcement and investigation does occur, the penalties then imposed by the NCAA will necessarily be proportionally increased due solely to that initial failure to self-report.

In summary:  it is a daily, continuing By Law violation for PSU to withhold report to the NCAA.  ((The list of such possible violations is too huge to list here, but includes 1) the “possibility” of perjury by Curley, Schultz, Paterno or others; 2) “Possible” repeated assaults by a “possible” representative of PSU athletic interests; 3) possible failure to report NCAA violations, etc. etc.)  And these continuing, daily “failure to Self-Report” violations occur in the context of Acting PSU Pres. Erickson’s newly-announced (Nov.14)  “Promises” to the PSU community, the first of which is to

“My Promise to the Penn State Community: 1) I will reinforce to the entire Penn State community the moral imperative of doing the right thing — the first time, every time.”

Here it is Pres. Erickson:  Do The Right Thing:  Self-Report.

But there’s a much broader and more fundamental “possible” violation here, based on the kind of  “Big Picture” analysis which can – and must – easily be done:  can anyone reasonably dispute that PSU might possibly be labelled as a school which “Lacks Institutional Control?”  Everyone for years there appears to act as if there’s a code of silence, no one reports to the police, and, apparently, many cover up?  The plain and simple Lack of Institutional Control is so widespread as to make clear that NCAA Pres. Mark Emmert is similarly playing ‘Make Believe’ by not initiating, sua sponte, an NCAA investigation.

Why is this important?  It’s to establish that the NCAA is anything more than a cartel whose investigatory and enforcement framework exists only to protect the tsunami of money which has flooded colleges over the last 15 years. The NCAA and its’ members are quick to trot out lip-service about the primacy of “Student-Athlete” welfare; is this principle to be interpreted as requiring that the NCAA ignore the “welfare” of 10 year-olds apparently raped within campus athletic facilities, solely because the 10-year is not a student-athlete?  Do Erickson and NCAA Pres. Emmert insist on ignoring mistreatment — and mandated NCAA investigation and enforcement – as regards assaults on 10-year-olds (who are even more “young and pliable”  than the Student-Athletes explicitly given special status in By Law 19?)
Mark Emmert should have ordered a SWAT team of investigators onto the PSU campus weeks ago.  Emmert is taking a dive, and should be called to task.  The press has, in all its’ fury, forgotten about this fundamental NCAA By Law-violation concern.  Until Emmert acts, the NCAA has lost any status it ever had as a moral force.  It’s a bunch of guys dressed up in silk ties and suits, living in McMansions, who don’t want any NCAA boats rocked.

Remember those words last summer of now-departed, silk-tied PSU Pres. Spanier:

 “”We need to bring a higher level of integrity to the conduct of intercollegiate athletics, with stronger enforcement and stronger punishments.”

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
This entry was posted in Jerry Sandusky, Jo Pa, Joe Paterno, Mark Emmert, NCAA Cartel, NCAA Enforcement, NCAA Investigation, NCAA Investigations, NCAA sanctions, NCAA Violations, PSU football, Uncategorized. Bookmark the permalink.

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