"This could definitely be perceived as an extra benefit and yes, it could bootstrap into LOIC (Lack of Institutional Control) without even having to address Sandusky," says Dr. David Ridpath, Assistant Professor of Sports Administration at Ohio University. "It would set a precedent, but that is normal for the NCAA. I told a reporter it would have to be something other that Jerry Sandusky -- this is it for the NCAA if they want to do something and it does give them a bit of cover.
"I think the more it is not Jerry Sandusky, the better and they can certainly go this route. The Freeh report will be the tipping point."
Keep in mind, this wouldn't be the first time the NCAA created a precedent tied to a high-profile case. It did that with both the Reggie Bush and Cam Newton investigations. As I wrote a few weeks back, the NCAA's lists of acts that demonstrate a lack of institutional control are tied to violation of NCAA rules, not real-world crimes -- but the NCAA brass is on record as saying it would be keeping an eye on how things unfolded with the Penn State investigation. Well, now we're getting into the investigation of the culture at Penn State.
"In this case there is an opening at least for potential NCAA violations based upon the emails and the culture of Paterno," explains Ridpath. "Technically if someone is found "guilty" of a student code violation, they could be suspended from extra curricular activities (I harken back to my days being banished to Judicial Affairs where I was the Vicky Triponey at Marshall). So if Paterno is handling punishment and players are still being allowed to play when a normal student might have been suspended from Band or a fraternity (or school for that matter) for similar violations, then certainly it can be categorized as an extra benefit and even a competitive advantage as potentially players who should have been suspended may have still played. Then it could play into LOIC without even addressing Sandusky and the NCAA feels like it is doing something, and in many ways, they are addressing a prevailing culture throughout ICA where powerful coaches are calling the shots on things well outside their purview.