NCAA’s Emmert Helps PSU “Old-Boys” Cover-Up: NCAA Won’t Investigate “Institution Out-of-Control”

Sum: PSU “Cover-Up-By-Old-Boys'” (CUBOB).  PSU “lacks institutional control.”  The big News: Emmert and PSU have agreed there will be no NCAA inquiry. No deadline for PSU to respond to NCAA/Emmert questions. NCAA hides in the bushes.

Don’t be fooled. NCAA Pres. Mark Emmert’s mid-November letter requested statements from PSU about the Sandusky events, with a due date of Dec. 16; we now learn (from a Dec. 16 Patriot-Ledger article) that PSU has told Emmert that it “needs more time.”  But there’s more here than meets the eye.  From the text of PSU’s Dec. 15 letter to Emmert, it’s clear that PSU has been on the phone with Emmert repeatedly, and what they’ve agreed to violates Emmert’s duty to his NCAA members, and makes more clear that the PSU Board has a commitment – not to openness — but to secrecy.

What we know now from this latest news is that there is, all of a sudden, no deadline at all for any PSU response to Emmert’s questions. PSU apparently makes some loose reference to the fact that the NCAA may be privy to the results of the ex-FBI Director Louis Freeh fact-finding “Investigation” commissioned by the PSU BOT, but even this is not clear.

Understand what’s really going on here: this is one big slippery smooth move by both Emmert and PSU, and it fits snugly into the PSU Board’s CUBOB (“Cover-Up-By-Old-Boys.”)  Here’s why:

As I pointed out an earlier posting (“Sandusky, PSU, Emmert, NCAA All Play Make-Believe: PSU Must Self-Report NOW”), there are numerous NCAA Bylaws which appear to have been violated by PSU’s administrators, coaches, and Board throughout this long history of secrecy and kids-in-jeopardy which surround the Sandusky allegations. In addition, ignoring for a moment the “trees” which are the NCAA Bylaws, any objective observer can see the tawdry, dysfunctional “forest” here, which is that PSU just plain “Lacks Institutional Control” as defined by the NCAA Bylaws.

This context illustrates what’s really going on with this new “we need more time” ploy by PSU:  it is — with the phone agreement of Mark Emmert —  drastically changing not just the timing of the NCAA’s involvement, or the purpose of an NCAA inquiry.  Emmert and the PSU BOT have just agreed  there will be no NCAA Inquiry.  Emmert is doing a “Lay-down”, handing the entire investigation over to the PSU CUBOBs, and his November letter to PSU was just a Fake-Out.  As it now stands, PSU has established that it will respond to the NCAA not with PSU’s own affirmative statement of what it believes are the “potential” violations (as a foundation, under customary NCAA process, for further action/investigation by the NCAA)  —  but that it will respond (much, much later, one must presume) with whatever facts have been established by the Freeh investigation arranged by the PSU BOT. In other words, PSU and Emmert now agree that the NCAA won’t investigate, and that PSU will tell the NCAA (months or years from now) what the facts are.

This is more bad faith scheming by the current CUBOB PSU Board of Trustees.  Louis Freeh is the agent of the PSU BOT, and the timing of release of his report is up to the BOT — it may be delayed for months, or years.  And Emmert, we see again, is a fluffernutter, not a revolutionary (see our earlier complimentary posting, (“Emmert’s Letter of Inquiry is Revolutionary: Protecting the “Good of the Game“); he’s gone along with all this, and we now find the NCAA hiding in the bushes. In fact, this delay announced today exposes Emmert’s original letter as a fraud:  it’s a letter meant to suggest to the casual observer that Emmert and the NCAA actually have a conscience which compels them to take action which has some moral force. Instead, Emmert now reinforces the notion that its’ mammoth  investigatory and enforcement arm exists soley to protect its’  status as a money-grabbing cartel.

Mark Emmert: do you have children? Does the NCAA care about children?

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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