NCAA: Dent applauds court ruling
On April 9, a seven-judge panel of the Commonwealth Court issued a ruling in a dispute involving the Pennsylvania Senate, Penn State University and the NCAA, the governing body for collegiate sports.
Speaking for the court, Judge Anne E. Covey was critical of the $60 million fine and other sanctions imposed as a result of the Jerry Sandusky child molestation scandal. The Court refused to overturn a recently enacted sate law that would require the fine to be spent on child protective services in Pennsylvania.
Covery also blasted the NCAA sanctions imposed on the Nittany Lion football program which reduced available scholarships and banned Penn State from post-season play for four years.
"High school athletes who had no involvement in the criminal acts were prevented from obtaining a free college education," Covery wrote in the ruling. "Student-athletes, trainers, coaches and support personnel who were taught and trained to be and do their best were stopped from competing and student-athletes from other colleges and universities were also precluded from competing against them by the prohibition against post-season play. Student-athletes, trainers, coaches, administrators and support personnel who had excelled in their jobs through hard work, practice, commitment, team work, sportsmanship, excellence and perseverance were told none of that mattered."
Lehigh Valley Congressman Charlie Dent, who has previously proposed legislation that would require greater transparency and accountability from the NCAA, and has urged the restoration of all Penn State scholarships, is quite pleased with the decision.
"I wholeheartedly applaud the decision by the Commonwealth Court. As I have repeatedly said, the $60 million in taxpayer money should remain in the state. All of the money - not just 25 percent of it - should be used to protect Pennsylvania's children.
He calls the decision "a great step to benefit Pennsylvania's kids. What great news!"
Penn Staters for Responsible Stewardship, an alumni and student group harshly critical of the NCAA Sanctions and the Penn State Board of Trustees' handling of Joe Paterno's firing, said in a statement that it hoped the opinion would spur the NCAA to lift all remaining sanctions against the school.
"PS4RS applauds the decision of the Commonwealth Court of Pennsylvania. In addition to rejecting the NCAA's argument that the Institution of Higher Education Endowment Act was unconstitutional, the Court raised the same concerns that PS4RS and others have raised since July 2012: the NCAA improperly interjected itself into a matter for which it had no jurisdiction and agreement by the Penn State Board of Trustees to the Consent Decree was inconsistent with their fiduciary obligations.
"As noted by the Court, the Consent Decree itself recognized 'the NCAA's questionable involvement in and its dubious authority pertaining to a criminal action against a non-University official which involved children who were non-university student-athletes.'
"Simply, the criminal acts, though despicable as stated by the Court, had nothing to do with the Penn State football program or any student-athlete. Yet, despite its acknowledgement that 'no student-athlete is responsible for these events,' the NCAA acted outside its authority and imposed punitive damages on hundreds, if not thousands, of innocent parties. And all the while, the Board of Trustees stood idly by and allowed it to happen, all in violation of its fiduciary obligations.
"PS4RS sincerely hopes that with yet another sound rebuke from the Court, the NCAA recognizes its errors, acknowledges that its imposition of the Consent Decree was improper and unwarranted, and reverses, immediately, all remaining sanctions. At the same time, however, it is now clear that the Board of Trustees that existed in November 2011 failed in its sole and core mission to act in, and protect, the best interest of Penn State. As such, we continue to demand the immediate resignation of all remaining members."








