CarolinaCuse
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Except that the NCAA did not follow its own established process for this. Instead they substituted the Freeh effort. That might be a good idea. But departing from an established process is a red flag in a legal suit.
Except there have been other situations where institutions have investigated alleged NCAA violations and then disclosed the results to the NCAA who then (A) accepts the institutions findings (and resulting self-impose sanctions); (B) imposes sanctions independently; or (C) accepts institutions sanctions while adding more sanctions due to severity.
PSU hired Freeh to investigate. Freeh was their independent investigation. The NCAA accepted PSU's investigation and imposed sanctions. What they didn't do is wait for PSU to self-impose sanctions. A question can be made as to whether PSU would have self-imposed any sanctions to the football program. I say no - which is the reason why the NCAA probably felt they needed to act.
Oh, and the President and execs of the BOT signed off on the NCAA sanctions. In my mind, the renegade BOT members who don't like the sanctions should raise this as a procedural objection. If the President and BOT were out of line then PSU should file lawsuit.
My other thought - the bs claim in the lawsuit that states, "permanent damage to an entire generation of student-athletes and coaches who were innocent of any wrongdoing during their time on campus...". What this BOT member doesn't like that it forces the institution to approach intercollegiate athletics at it's most purist form (developing student-athletes) rather than competitive dominance and all that goes with that culture.