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[QUOTE="TheOrangeBuddha, post: 327737, member: 157"]
I think you are confusing the two issues.
 
Issue #1:  Does the NCAA have the authority to hand down sanctions.
Issue #2: Did the PSU President and a small selection of "others" (BOT members or not) have the authority to agree to the "punishment" on behalf of PSU or not.
 
I do not believe there is much of an argument with regard to issue #1.  The participating members of the NCAA all agree to abide by their rules, regulations and cede power to the NCAA to investigate and punish individual members when those rules and/or regulations are broken.  I am sure that there is broad language in the NCAA tome that would provide enough leeway for the NCAA to act in the present case.  Hell, the "lack of institutional control" charge is enough to bring in the NCAA punishment power in my opinion.
 
As for issue #2, there very well might be some arguments here depending on certain contract law provisions with the relevant law of Pennsylvania (or whatever jurisdiction the NCAA requires its contracts be governed by).  However, even if issue #2 is decided in favor of the complaining PSU BOT members, that does not result in a finding that the NCAA did not have the power to punish.
 
Peace.
 
PS - I'm enjoying the back and forth of ideas and opinions, especially in light of the fact that their is little animosity thrown around at each other - which is a nice change from our political world.
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