Penn State Cult (Joe Knew)

[exhawg]

Unfortuanatly, while I'd love to agree with you, I'm willing to bet that a judge that is not opinionated in the situation would probably uphold the appeal solely based on it's legal merits. If a judge does think that Erickson did overstep his authorative power in this instance, then the plea deal (let's face it, that's what it was) that he took with the NCAA is null and void. That's part of the protections they have as an organization that is incorporated and 501 (c) 3 tax exempt.

If that happens - the NCAA now has a right to do a few things. Conduct their OWN investigation. If this happens, we all know they'll be stonewalled - and then the NCAA can really drop the hammer on them like we all wanted. And they can do it during the season.

They can also do like many discussed before, and simply kick them out of the NCAA. Being part of the NCAA isn't a right - it's a privelage, and they have to abide by the guidelines, rules and regulations that the NCAA has set forth (no matter how idiotic).

I am kind of hoping for it, because I can't stand either organization (the NCAA or Ped State) at this point.

The best thing that could happen to Ped State is that they have to serve the current penalties and that is all. They don't understand that if this goes back to the NCAA things will only get worse. They already had to deal with transfers and decommits. If a court puts the current sanctions on hold they still have to deal with all the players that left and are going to have a shitty season. Even if all the NCAA does is re-institute all the sanctions they have already laid out they aren't going to count this year so it will make it that much worse. Everyone outside of the cult knows that if the NCAA comes to town they will get the death penalty for at least a couple years which is why this is so hilarious. Too bad JoPed isn't around to offer them the Kool-aid when the NCAA decides to burn the place down.

 

[Buckeyeskickbuttocks]

Well, the media says it did, but unless it came to a vote and the their ruling majority accepted the offer, don't matter what the media says.

"In a statement released tonight by the board, it said no vote was required and none was taken"

Read more: http://www.post-gazette.com/stories...to-meet-on-ncaa-penalty-646158/#ixzz22sVB7mIa
​

It's a state run institution, so whatever the trustees voted would be a matter of public record. I'm willing to bet they never voted on what Erickson did (hence them complaining about him making the decision without consulting them).

Public records? Penn State? Surely you jest. I mean, yes, I agree with you that they should be subject to sunshine laws, but it seems that put them at a competitive disadvantage with private institutions...

It all comes down to what is in their bylaws on what the president can do, and what autonomous authorities he can wield. If they want a snowball's chance in hell of winning the appeal, they need to make it about Erickson and his decision and stop bringing up that darned report.

The really need to stop bringing up the report, since it was the fucking board itself which commissioned the thing.

 

[alexhortdog95]

The best thing that could happen to Ped State

Who gives a rat's patookas of the best thing for Ped State?!? I aughta neg rep you for giving a rats patookas!

If a judge did rule against the appeal, then their bylaws as a major university are all screwed up (wouldn't surprise me either).

Heck - we're a small church and our bylaws and constitution protect us from mess like this, LOL

 

[buxfan4life]

Unfortuanatly, while I'd love to agree with you, I'm willing to bet that a judge that is not opinionated in the situation would probably uphold the appeal solely based on it's legal merits. If a judge does think that Erickson did overstep his authorative power in this instance, then the plea deal (let's face it, that's what it was) that he took with the NCAA is null and void. That's part of the protections they have as an organization that is incorporated and 501 (c) 3 tax exempt.

If that happens - the NCAA now has a right to do a few things. Conduct their OWN investigation. If this happens, we all know they'll be stonewalled - and then the NCAA can really drop the hammer on them like we all wanted. And they can do it during the season.

They can also do like many discussed before, and simply kick them out of the NCAA. Being part of the NCAA isn't a right - it's a privelage, and they have to abide by the guidelines, rules and regulations that the NCAA has set forth (no matter how idiotic).

I am kind of hoping for it, because I can't stand either organization (the NCAA or Ped State) at this point.

First and foremost it would have to be proven that Erickson did not have the backing of the BOT, which has been reported that he did. Remember the BOT meeting that was held not to long ago where I believe a vote of confidence was taken and that the BOT backed Erickson in his actions?

Remember that this appeal and potential filing of a lawsuit is not by the BOT itself, but by 4 people who just happen to be BOT members (2 of which were recently elected). This is not Penn State filing the appeal/suit.

Just like the Paterno's appeal, this should be shot down easily by the NCAA.

As for the federal lawsuit, I don't see how these 4 individuals have any standing to file such a suit being as they are doing it not as representatives of Penn State (doesn't matter they are BOT members, they are filing this outside of the university as individuals).

It is just more grandstanding by those Joepologists to keep this in the news.

 

[buxfan4life]

Well, the media says it did, but unless it came to a vote and the their ruling majority accepted the offer, don't matter what the media says.

It's a state run institution, so whatever the trustees voted would be a matter of public record. I'm willing to bet they never voted on what Erickson did (hence them complaining about him making the decision without consulting them).

It all comes down to what is in their bylaws on what the president can do, and what autonomous authorities he can wield. If they want a snowball's chance in hell of winning the appeal, they need to make it about Erickson and his decision and stop bringing up that darned report.

Actually, it is not your run of the mill state university. It somehow runs as a "state related" institution that is not subject to the same FOIA regs as actual state institutions.

From Wiki:

Organization and administration

Penn State is a "state-related" university, part of Pennsylvania's Commonwealth System of Higher Education. As such, although it receives funding from the Commonwealth and is connected to the state through its board of trustees, it is otherwise independent and not subject to the state's direct control.

 

[alexhortdog95]

"In a statement released tonight by the board, it said no vote was required and none was taken"

Read more: http://www.post-gazette.com/stories...to-meet-on-ncaa-penalty-646158/#ixzz22sVB7mIa​

Public records? Penn State? Surely you jest. I mean, yes, I agree with you that they should be subject to sunshine laws, but it seems that put them at a competitive disadvantage with private institutions...

The really need to stop bringing up the report, since it was the fucking board itself which commissioned the thing.

The 'no vote was required' statement that was given by 'the board' is a BS statement. It doesn't show solidarity - it just shows that the board chairperson's secretary can type . It also shows that SOMEONE on the board does get it and knows they should STFU and take it like they got it or it could be much worse.

Fortunately for us, they have other board members that tend to get their legal and action advice from BWI.....

As far as the public records - no, no jesting. There has to be at least a public record of meeting minutes that they actually met on what was discussed somewhere. Again, they're a state institution and are federally protected as a 501 (c) 3 non profit organization. That's why the Board is now saying they're fighting it - they never voted on the matter. Here's how it probably went:

Peetz - "We can't fight this, folks. We need to accept the fact that we are screwed either way. This way is the least painful."

Board - "NO NO NO!!! WE FIGHT NOW!!! Joe Pa is the Man! How dare you, the NCAA, and Erickson do this to Joe?!?"

Peets - "Gretchen, take a memo. We all agree to this. Release it to the media immediately."

Board - "We will fight this! We need to consult our legal counsel..." (Starts logging into BWI....)

Statement comes out. In the meantime, the cult has gotten on board with the other members of the 'board'........

EDIT: Was corrected on the state-run. They're state 'related', which exempts them from the public records law in some cases.

 

[alexhortdog95]

Actually, it is not your run of the mill state university. It somehow runs as a "state related" institution that is not subject to the same FOIA regs as actual state institutions.

From Wiki:

Hmm...that's a good point, friend. Also from Wiki:

http://en.wikipedia.org/wiki/Commonwealth_System_of_Higher_Education#cite_note-0

Previously, the Pennsylvania State University (Penn State) was repeatedly defined as a "state-owned university" in numerous official acts and Pennsylvania Attorney General opinions from its resurrection as a "land grant" institution, the Pennsylvania State College in 1855, as applicable to having its road system and buildings on state campuses constructed using state funding, paying its employees through state-issued checks and having them eligible to collect state employee retirement system benefits. In 1989, Penn State asserted a public status in court for the purpose of not having a private bank branch's operations on its University Park campus subject to local county taxes, while simultaneously asserting private status for the purpose of not having to reveal the salaries of its top administrative employees. With the enabling legislation changing the failing Williamsport (PA) Area Community College to the affiliated "Pennsylvania College of Technology" in 1989, Penn State was again designated as a "state-related" institution.

 

[NFBuck]

It's getting awfully ubet in up in here...

 

[ORD_Buckeye]

I really hope this leads to a full blown NCAA investigation. Penn State doesn't want that to happen, and is why Peetz, their legal council and Erickson accpeted what was doled out.

The fans (this include Loony Lubrano and his merry band of misfits) have no clue as to what really went on behind closed doors at their beloved place of worshi....er....I mean university. I am sure if the truth really does come out, many of these people will end up with PTSD since their feeble minds won't be able to grasp the fact that Joe was in fact human and very mortal.

There won't be a full investigation. The ncaa can't afford to look weak for however many months that would take. Besides, there is no due process issue regarding the ncaa. That's what the pedtards fail to understand. They have no right to an investigation.

If the ncaa gets fed up with all this bullshit, the overwhelming likelihood is that Emmert simply hands down the death penalty. The smaller likelihood is that he calls for a membership vote to disassociate Penn State from the ncaa.

 

[alexhortdog95]

There won't be a full investigation. The ncaa can't afford to look weak for however many months that would take. Besides, there is no due process issue regarding the ncaa. That's what the pedtards fail to understand. They have no right to an investigation.

If the ncaa gets fed up with all this bullshit, the overwhelming likelihood is that Emmert simply hands down the death penalty. The smaller likelihood is that he calls for a membership vote to disassociate Penn State from the ncaa.

But if he hands down the death penalty, he'd have to prove it. And once again, that would require the NCAA to investigate the matter on their own.

The Pedtards are shooting themselves in the foot. It was their BOT that put Erickson in the spot he was in. They even removed the interim tag from him and made him the permenant president because he would bring stability to the school and the situation:

http://www.pennlive.com/midstate/index.ssf/2011/11/is_rodney_erickson_penn_state.html

The trustees did the right thing, said Terry Hartle, senior vice president for the American Council on Education.

Hartle knows and respects Erickson. Even if he didn't, Hartle said, the move makes sense.

"What Penn State needs now more than anything is stable, effective leadership," Hartle said. "If you get into a search, it's probably a year or 18 months before someone is in place. Penn State has gone through a lot and it will continue to go through more trauma. It can't be adrift."

They commissioned the Freeh report:

http://live.psu.edu/story/56476

The special committee of The Pennsylvania State University Board of Trustees announced today (Nov. 21) that it has engaged former FBI Director and federal judge Louis J. Freeh to lead an independent investigative review into all aspects of the University?s actions with regard to the allegations of child abuse involving a former Penn State employee contained in the recent Grand Jury report.

They allowed Joe Pedturno to allow Pedusky to do what he did. They allowed all this. They're all lucky they're still gainfully employed as trustees....

 

[ORD_Buckeye]

But if he hands down the death penalty, he'd have to prove it. And once again, that would require the NCAA to investigate the matter on their own.

Why does he have to prove anything? There is no due process requirements. The Tarkanian case set that in stone when they ruled that the ncaa is not a state player.

The ncaa is not going to accept this appeal and say to Penn State and the nation, "ok, everything is on hold while we spend millions of dollars and 6-12 months to conduct an investigation. As for any need for an investigation, there is no bylaw in the ncaa that prevented them from using the Freeh report as the basis for their decision--a report that Penn State has already publicly accepted as factual. Louis Freeh did their investigation for them already.

This is going to come down to one simple fact whether the ncaa reevaluates the decision to give penn state a deal, revokes the deal and votes to hand down a death penalty. Those are the rules of the club, and if Penn State doesn't like them, they can leave the club.

 

[Nutriaitch]

They're also too stupid to realize they are publicly exhibiting "Lack of Institutional Control" over this appeal/no appeal/appeal fiasco.

No one in state college knows who the fuck is in charge up there.

Ericsson had authority
He didn't have authority
No, wait, he DID have authority
Never mind, he might not have had authority

 

[BuckeyeNation27]

Just because this is how much I like Penn State, I went ahead and saved them a google search.

http://www.naia.org/ViewArticle.dbml?DB_OEM_ID=27900&ATCLID=205323010

 

[Buckeyeskickbuttocks]

In line with what ORD is saying, the simple and inescapable fact of the matter is that an "NCAA Investigation" isn't necessarily guys in NCAA coats running around campus with magnifying glasses and smoking pipes....

In fact, because of it's "cooperative principle" Link it is typically the university itself which provides the NCAA with documents, conclusions, etc.. The Penn State University Board of Trustees commissioned the Freeh Report in November, 2011. See reference to it here

At the end of the day, despite much gnashing of teeth, the Freeh Report IS Penn State's response to Emmert's letter of inquiry. Which, the NCAA itself noted in it's Authority to Act

See Also Consent Decree, Section II

 

[buxfan4life]

In line with what ORD is saying, the simple and inescapable fact of the matter is that an "NCAA Investigation" isn't necessarily guys in NCAA coats running around campus with magnifying glasses and smoking pipes....

In fact, because of it's "cooperative principle" Link it is typically the university itself which provides the NCAA with documents, conclusions, etc.. The Penn State University Board of Trustees commissioned the Freeh Report in November, 2011. See reference to it here

At the end of the day, despite much gnashing of teeth, the Freeh Report IS Penn State's response to Emmert's letter of inquiry. Which, the NCAA itself noted in it's Authority to Act

[pedster] Would you please stop using FACTS!!![/pedster]