Penn State Decision
November 20, 2013
NCAA asks PA court to declare endowment act unconstitutional
The NCAA submitted court documents Wednesday stating that a state law related to Penn State University's consent decree with the NCAA violates both the Pennsylvania Constitution and the U.S. Constitution.
In a brief filed with the Pennsylvania Commonwealth Court, the NCAA asks that the Institution of Higher Education Monetary Penalty Endowment Act be declared unconstitutional. This recent Pennsylvania law mandates the fine contained in the July 2012 Consent Decree between Penn State University and the NCAA must be paid to the Pennsylvania Treasury.
The NCAA says the law is unconstitutional because it was purposefully crafted to apply only to the Consent Decree.
"The Endowment Act is exactly the kind of discriminatory ‘special legislation’ the Pennsylvania Constitution prohibits,” said Donald Remy, NCAA chief legal officer. “For this reason, as well as for numerous other reasons we have previously presented to the Court, we believe the Endowment Act violates the state Constitution and the Constitution of the United States. We will continue to fight what we believe is an unconstitutional law and an attempt to thwart the NCAA’s efforts to provide assistance to as many victims of child sexual abuse across the nation as possible."
Pennsylvania State Sen. Jake Corman, who introduced the legislation, on numerous occasions stated the purpose of the law was to direct the $60 million fine assessed on Penn State University to child sexual abuse prevention programs within Pennsylvania.
In addition, the extremely narrow conditions contained in the law mean that the legislation will only apply to the Consent Decree in this case. The NCAA argues that the law violates the Pennsylvania Constitution, which prohibits “special” laws designed to impact only one situation.
The NCAA also asked the state court to find that the Endowment Act violates the Pennsylvania Constitution and the federal Equal Protection Clause because the classifications created by the act are not rationally related to any valid state purpose or interest.
Although the plaintiffs contend that the Endowment Act prevents universities from giving away state appropriations, the NCAA argued that the specific provisions included in the Act—which mirror the conditions of the Consent Decree—do not further that purpose.
Penn State has publicly stated it will not use state funds to pay any of the $60 million monetary penalty, which is the equivalent of one year’s football revenue at the university.
October 29, 2013
NCAA makes case in court for dismissal of Paterno lawsuit
The NCAA argued today in the Court of Common Pleas for Centre County, Penn., that the lawsuit brought by the estate of former Penn State Coach Joe Paterno and others should be dismissed in its entirety.
As the NCAA explained in court, these plaintiffs represent a disgruntled minority that seek to make the NCAA the scapegoat for the acts and omissions of Penn State University officials and the university’s agent—Louis Freeh, former FBI director and federal judge.
“Penn State University, more than a year ago, took responsibility for the departure from NCAA core values by some of its senior leaders, has instituted strong corrective action, and has worked steadfastly with Senator Mitchell towards a goal of making Penn State athletics a model of institutional control and integrity,” said NCAA Chief Legal Officer Donald Remy.
“We continue to believe that the university’s decision to move forward positively was in the best interest of student athletes and the entire Penn State community. We think the refusal of some, as reflected in in this litigation, to respect that decision only undercuts that effort and prolongs the pain experienced by the entire university community."
The NCAA stressed the following points in court today:
- Because the goal of the suit is to invalidate the Consent Decree between the NCAA and Penn State, the university is an essential party to the dispute, and the suit cannot proceed without Penn State’s presence.
- The facts underlying the sanctions against Penn State are drawn from the report of Judge Freeh, who conducted an investigation on behalf of Penn State, which then accepted the Freeh Report as the basis for the sanctions.
- The Consent Decree does not impose any sanctions on Coach Paterno or any other individual.
- None of the other plaintiffs (trustees, faculty, former coaches and players) has any connection at all to the Consent Decree and no right to challenge it.
September 26, 2013
NCAA submits more information supporting dismissal of Paterno suit
Today the NCAA submitted papers supporting its request that a Pennsylvania court dismiss the lawsuit brought by the estate of Joe Paterno and others. In response to arguments presented by the plaintiffs, the NCAA again identified numerous reasons that the plaintiffs’ strained and novel legal theories have no basis under Pennsylvania law.
In particular, the NCAA argues that the court does not have jurisdiction to proceed because the plaintiffs have not included Penn State in the suit, even though Penn State’s interests are at the heart of the plaintiffs’ allegations. The plaintiffs’ claims are rooted in their dissatisfaction with the investigation and findings of former FBI Director Louis Freeh—an investigation commissioned and accepted by the Penn State Board of Trustees. Yet, the plaintiffs have not sued Penn State or the investigation firm it hired -- instead, they sued the NCAA. The plaintiffs also have expressed their deep disagreement with Penn State’s decision to enter into a consent decree with the NCAA and want the court to strike down the consent decree. But the NCAA believes Pennsylvania law does not allow a court to take action affecting a contract without all parties to the contract present.
In addition, as the NCAA previously argued, none of the plaintiffs’ claims has legal merit. None of these plaintiffs was individually sanctioned. Courts have never recognized that persons not personally subject to sanctions – such as former players or faculty members -- have legal rights to enforce purported violations of the membership agreement between the NCAA and its member institutions. Finally, plaintiffs also have failed to meet the legal requirements for their defamation, commercial disparagement, and civil conspiracy claims. As stated in the NCAA memorandum, the plaintiffs' allegations fall short of what is required to maintain these claims in Pennsylvania state court.
For these reasons and others presented in its memorandum, the NCAA reaffirmed its request for the court to dismiss this litigation at this early stage of the proceedings.
Statement from NCAA Chief Legal Officer Donald Remy: “The plaintiffs’ filings in this case have confirmed their strong views about the Freeh Report and the consent decree. But those strong views do not create a legal basis to sue the NCAA or undo our agreement with Penn State.”
September 24, 2013
NCAA files motion in Corman Case
Three weeks ago the Pennsylvania Commonwealth Court declined to dismiss the claims asserted by State Senator Corman and State Treasurer McCord against the NCAA concerning the $60 million fine imposed upon Penn State under the Consent Decree.
Today, the NCAA asked the Court to permit the NCAA to seek immediate appeal of this decision to the Pennsylvania Supreme Court.
The Commonwealth Court’s decision addressed important threshold matters, including whether the case can continue without Penn State’s participation and whether Senator Corman and Treasurer McCord even have the authority under Pennsylvania law to bring an action of this nature. Although the Commonwealth Court determined that the case can move forward at this time, the Court’s President Judge disagreed and would have dismissed this case. The NCAA is therefore seeking to appeal this decision immediately so that these important threshold issues can be fully resolved before further consideration of the case.
“As today’s filing indicates, the NCAA will continue to contest the effort by Senator Corman and State Treasurer McCord to interfere with the Consent Decree between the NCAA and Penn State,” said NCAA Chief Legal Officer Donald Remy. “This case is fatally flawed because it has been brought by the wrong parties, would determine Penn State’s rights without its participation, and needlessly delays funds for child abuse prevention programs nationally.”
September 24, 2013
Executive Committee to gradually restore Penn State scholarships
Due to Penn State University’s continued progress toward ensuring athletics integrity, the NCAA Executive Committee is gradually restoring football scholarships the university lost because of sanctions more than a year ago. These changes were endorsed by the Division I Board of Directors and based on the recommendation of George Mitchell, the independent Athletics Integrity Monitor for Penn State and former U.S. Senator. Read the full story.
September 6, 2013
Statement from Donald Remy, NCAA Chief Legal Officer, on Paterno Estate preliminary objections
Nothing in today’s filing changes our view that this lawsuit is fundamentally flawed and should be dismissed in its entirety. Although plaintiffs may be unhappy with Penn State University’s acceptance of the Freeh Report and its decision to enter the Consent Decree, the plaintiffs have no legal basis to sue the Association.
September 6, 2013
NCAA statement on first annual Mitchell report
“Senator Mitchell’s report demonstrates that Penn State is committed to fulfilling the Athletics Integrity Agreement. We appreciate Senator Mitchell’s diligent oversight and the amount of resources, time and energy the university has devoted to implementing the Freeh Report recommendations. Penn State leaders have made continued progress toward ensuring a culture of athletics integrity, and we look forward to full implementation of these efforts.”
Click here to read Mitchell’s report
August 9, 2013
Prevent Child Abuse America sends letter to Corman
Prevent Child Abuse America President and CEO James Hmurovich sent a letter to Senator Corman noting that child sexual abuse impacts victims across the United States. He notes, “Pennsylvania has the chance to be a national leader in the effort to eradicate child sexual abuse across the country and by that action, benefit from it as well within the state. The Commonwealth has the nation’s attention and it is in this moment that Pennsylvania can transform a horrific tragedy into a new national movement to confront and address a silent epidemic affecting children nationwide. It is a rare and powerful moment.”
July 23, 2013
NCAA requests dismissal of Paterno Estate’s lawsuit
By Donald Remy
Chief Legal Officer
The NCAA, along with President Mark Emmert and Oregon State president and former NCAA Executive Committee chair Ed Ray, have asked the court to dismiss the lawsuit brought by the estate of Joe Paterno and others due to a lack of legal standing, a failure to add necessary defendants, and various significant legal deficiencies. Penn State leaders determined the consent decree was the best course for the university and its community to put the devastating Sandusky affair behind them. Those who continue to challenge Penn State’s right to make that decision only prolong the pain and delay the recovery.
Universities must be free to manage their own affairs, including their membership in the NCAA, without interference by disappointed or disgruntled individuals. While the plaintiffs may be unhappy with the conclusions and university’s acceptance of the Freeh Report, the plaintiffs in this case were not sanctioned by the NCAA and have no legal basis to sue the Association. Read more.
Factual and Legal Flaws in Lawsuit
The NCAA has asked the court to dismiss the lawsuit brought by the estate of Joe Paterno and others due to a lack of legal standing.
This case is flawed factually and by law for the following reasons:
- Their suit complains primarily about the conclusions of the Freeh Report, conducted at the behest of the Penn State Board, and the university’s acceptance of its findings.
- The NCAA did not commission the Freeh Report nor had any role in it.
- The court cannot consider the case because Penn State is a necessary defendant under Pennsylvania law and the plaintiffs in this case lack the standing to sue because they were not sanctioned by the NCAA.
June 26, 2013
Latest update in the Corman lawsuit
One of the multiple challenges that the NCAA has raised to the lawsuit initiated by Senator Jake Corman and Treasurer Robert McCord is plaintiffs’ lack of authority to sue to collect money allegedly owed to the Commonwealth.
After the Attorney General submitted a letter to the court explaining her office was not participating due to a conflict of interest, the Court requested supplemental briefing on the issue of the Treasurer’s authority to sue.
As our brief explains, under Pennsylvania law, the Attorney General has not – and could not – delegate her authority to the Treasurer.
“Plaintiffs wish to ignore nearly 100 years of Pennsylvania law in their quest to bring this action,” said Donald Remy, NCAA Chief Legal Officer. “Our memorandum filed in the court today explains that the Attorney General has the exclusive authority to sue to collect money allegedly owed to the Commonwealth.”
June 25, 2013
NCAA response to Corman case mediation denial
State Senator Jake Corman and State Treasurer Rob McCord seek to prevent any money Penn State pays toward its Consent Decree from going to child abuse victims outside the state of Pennsylvania.
In the last several days, state politicians rushed to encourage the NCAA to mediate the use of those funds. However, mediation can't resolve the problems that the unconstitutional state law has created.
If our agreement with Penn State is ultimately upheld, as we expect it to be, we intend to create an endowment to distribute the funds on a national basis, including in Pennsylvania, consistent with our role as a national association and our recognition that child sexual abuse is a national problem. In fact, Jerry Sandusky committed his heinous acts in Texas and Florida, in addition to Pennsylvania.
The NCAA has already addressed concerns regarding the availability of funds in Pennsylvania. Eleven months ago, the NCAA agreed with Penn State's request to ensure that at least $15 million (25% of the endowment) will be spent in the Commonwealth of Pennsylvania and has included two Penn State representatives on the team that will determine how to administer the endowment.
Were it not for the creation of this law, the funds would be benefitting child abuse victims today.
June 19, 2013
NCAA asks Pennsylvania court to dismiss Corman lawsuit
Today, the NCAA made its case in a Pennsylvania court to dismiss a lawsuit brought by State Senator Jake Corman and State Treasurer Rob McCord that seeks to prevent any money Penn State pays towards its obligations under the Consent Decree from going to child abuse victims outside of Pennsylvania. Senator Corman relies in part on the recently enacted Pennsylvania Institution of Higher Education Monetary Penalty Endowment Act (the “Endowment Act”) to support his lawsuit, but the NCAA has challenged this new law as unconstitutional and unenforceable in a separate federal lawsuit.
The NCAA believes Corman's lawsuit should be dismissed for the following reasons:
1. Corman and McCord do not have the legal right to sue;
2. Penn State is not a party to the lawsuit so it cannot go forward;
3. The Endowment Act has not been violated because the NCAA has not yet received any money from Penn State;
4. The Endowment Act is unconstitutional because it attempts to negate a legally binding agreement between private parties and divert funds to state coffers.
"Today’s argument in the Pennsylvania Commonwealth Court focused on important questions concerning whether State Senator Corman and State Treasurer McCord have standing, or in other words are proper plaintiffs, to pursue this claim and whether PSU is an indispensable party without whom the case must be dismissed," said NCAA Chief Legal Officer Donald Remy. "We are pleased with the court’s interest in and careful attention to these issues," he added.
Despite Penn State’s absence, Senator Corman and Treasurer McCord have suggested a mediation that would necessarily include Penn State and today the court asked the NCAA to consider such mediation. Eleven months ago, the NCAA agreed with Penn State's request to ensure that at least $15 million (25% of the endowment) will be spent in the Commonwealth of Pennsylvania.
June 6, 2013
Statement from Donald Remy, NCAA Chief Legal Officer, on dismissal of Corbett lawsuit
“We are exceedingly pleased with the court’s thorough analysis and thoughtful opinion dismissing Governor Corbett’s entire complaint. The court found the allegations made by the governor to be implausible and outside the reach of federal antitrust law.
“As the court concluded in its opinion: ‘Plaintiff’s complaint fails on all prongs: it fails to allege commercial activity subject to the Sherman Act; it fails to allege that Defendant’s activity constituted a violation of Section 1 of the Sherman Act; and, it fails to allege that Plaintiff suffered an antitrust injury. On thorough review, this Court can find no basis in antitrust law for concluding that the harms alleged entitle Plaintiff to relief. Accordingly, the complaint must be dismissed.’
“Our hope is that this decision not only will end this case but also serve as a beginning of the end of the divide among those who, like Penn State, want to move forward to put the horror of the Sandusky crimes behind the university and those who want to prolong the fight and with it the pain for all involved. We will continue to work with the university and Senator Mitchell in achieving Penn State’s goal of full compliance with the consent decree and full implementation of the athletics integrity agreement.”
April 23, 2013
NCAA asks court to dismiss Senator Corman’s amended complaint
Today the NCAA filed preliminary objections to the latest version of a lawsuit filed by State Senator Jake Corman in state court. This is Senator Corman’s third attempt in less than three months to bring a viable legal action. In its papers submitted today, the NCAA argues that these latest changes, including the addition of Treasurer Robert McCord as a plaintiff, do not correct the faults contained in his previous two complaints.
The lawsuit argues that a private endowment required by the agreement between Penn State and the NCAA violates Pennsylvania State law. Penn State agreed to fund that endowment, which will be established by the NCAA, to assist victims throughout the country of child sexual abuse and to prevent such abuse in the future. Penn State will contribute $12 million a year for five years towards that endowment—a total of $60 million.
Senator Corman and Treasurer McCord contend that Pennsylvania law, including the Endowment Act, requires the endowment funds to be paid exclusively to the State Treasury and used to combat child sexual abuse only within the state.
The NCAA believes the Endowment Act is unenforceable because it violates the United States Constitution, and the NCAA has presented these arguments in a separate lawsuit in federal court. But Senator Corman’s and Treasurer McCord’s claims are completely without merit on several other levels. First, Senator Corman and Treasurer McCord lack the authority and standing to bring the present action under Pennsylvania law. Second, the Plaintiffs again have failed to join a party central to their claims: Penn State. Third, the legal theories do not stand because Penn State is not limited by the Pennsylvania Constitution from spending money outside the Commonwealth, the NCAA has not received any money from Penn State and there is no indication Penn State will use state funds for the endowment.
The NCAA is asking the court to dismiss the case in the face of these significant flaws.
April 17, 2013
NCAA asks court to reject latest request in PA case
The same day and as soon as it learned that Pennsylvania Governor Tom Corbett signed the Institution of Higher Education Consent Decree Endowment Act (the “Endowment Act”) into law, the NCAA filed a lawsuit asserting that the Endowment Act was unconstitutional. Under the Consent Decree, Penn State agreed to pay the NCAA to fund an endowment to support programs aimed at the prevention and treatment of child sexual abuse. As its membership is nationwide, it was always the NCAA’s intent that this endowment support programs across the country. The Endowment Act, however, authorizes Pennsylvania to seize that money for in-state programs only. The NCAA named the Governor, the State Treasurer, the Auditor General, and the Chair of the Pennsylvania Commission on Crime & Delinquency as Defendants.
Rather than defend the constitutionality of the law in federal court, Defendants asked the federal court to abstain from ruling on the law’s constitutionality and to defer to a state court action initiated by State Senator Jake Corman, the author of the Endowment Act. The NCAA’s Opposition asks the court to reject this request. As explained in the NCAA’s brief, federal courts abstain in only rare and extraordinary situations. This is not such a situation.
Courts will not abstain where—as here—a law being challenged is plainly unconstitutional. The Endowment Act flagrantly violates the Takings, Contracts, and Commerce Clauses of the United States Constitution because it takes private property without compensation, directly undermines the Consent Decree, and impermissibly discriminates against interstate commerce.
In addition, Senator Corman’s state court case suffers from serious defects, which have already caused Senator Corman to twice amend his complaint in attempts to overcome them. Because that state action suffers from fatal jurisdictional and other defects that necessitate its dismissal, it will not provide an adequate forum for the NCAA to raise its constitutional arguments. In short, Defendants failed to show that any of the rare circumstances in which abstention is appropriate are present in this case.
As a backup option, Governor Corbett and the Defendants asked the Court to put the case on hold pending an outcome in Governor Corbett’s antitrust lawsuit against the NCAA, which seeks to overturn the entire Consent Decree with Penn State. In its Opposition brief, the NCAA points out that there are no common issues between the cases, and Defendants have made clear that they have no intention of waiting to enforce the Endowment Act until after the antitrust case has been resolved. Thus, that case provides no basis at all for the federal court to abstain.
In the end, the NCAA has asked the federal court to reject Defendants’ extraordinary abstention request and, instead, to take up and resolve the important constitutional questions raised by the NCAA’s challenge to the Endowment Act.
April 2, 2013
NCAA Opposes Attempt by Senator Corman to Intervene in Federal Lawsuit
On February 20, 2013, Pennsylvania Governor Thomas W. Corbett, Jr. signed the Pennsylvania Institution of Higher Education Consent Decree Endowment Act, a law specifically designed to disrupt the contractual relationship between the NCAA and Penn State, to prevent the funds Penn State committed in its Consent Decree from being used to prevent child abuse nationwide, and to confiscate those funds for administration by the Pennsylvania Treasury. Within hours, the NCAA filed suit against various Pennsylvania officials, seeking injunctive and declaratory relief from that unconstitutional law.
Senator Corman, who is maintaining a separate state court action, recently attempted to intervene in the NCAA’s federal lawsuit for the sole purpose of urging the federal court not to address the federal constitutional issues presented. Federal law makes clear, however, that intervention is only appropriate when a party has a sufficient interest in the underlying litigation and that the existing parties to the action do not adequately represent the prospective intervenor’s interests.
The NCAA has opposed Senator Corman’s request to intervene [link to attached PDF] in the NCAA’s federal lawsuit, arguing that Senator Corman, as a single member of the Pennsylvania legislature with no authority or responsibility to enforce or defend the law, has no legitimate interest in the federal suit and seeks only to make arguments that are already being made by Governor Corbett and other existing Defendants. Federal law does not allow those who have no unique interest or standing to participate. Accordingly, Senator Corman does not meet the legal requirements to intervene under federal law.
March 27, 2013
NCAA Responds to Senator Corman’s Amended Complaint
"In what is now his third attempt to avoid dismissal of his lawsuit, Senator Corman has filed yet another amended complaint. After his first complaint the NCAA moved to dismiss and Senator Corman filed an amended complaint. The NCAA again moved to dismiss his amended complaint and Senator Corman, apparently seeking to cure deficiencies in his prior attempts, has now filed a third complaint again delaying victims of child sexual abuse nationwide from receiving needed financial support. This time, because the NCAA has made clear that Senator Corman has no right to sue, he joined the State Treasurer as a plaintiff. He also dismissed his claims against Tim White and the task force, in apparent recognition of the correctness of the NCAA position that the court lacks jurisdiction over them. In what appears to be a continued game of whack-a-mole, we will yet again ask the court to dismiss his third attempt to state a claim.”
March 14, 2013
NCAA asks federal court to dismiss Corman lawsuit
The NCAA today asked a court in Pennsylvania to dismiss a lawsuit brought by State Senator Jake Corman that seeks to prevent any money Penn State pays towards its obligations under the Consent Decree from going to child abuse victims outside of Pennsylvania. Senator Corman relies in part on the newly enacted Pennsylvania Institution of Higher Education Monetary Penalty Endowment Act (the “Endowment Act”) to support his lawsuit, but the NCAA has challenged this new law as unconstitutional and unenforceable in a separate federal lawsuit. Pennsylvania law cannot control how an organization like a private endowment can donate its money. Further, Senator Corman does not have the legal authority to try to enforce laws, and his lawsuit cannot go forward without the involvement of Penn State.
“We believe Senator Corman’s lawsuit has no merit, and that he is not empowered by law to even bring the case,” said Donald Remy, NCAA chief legal officer. “The NCAA’s pending federal court action involves the proper Pennsylvania government officials and will determine whether the Endowment Act is constitutional and imposes any obligations on the NCAA. Senator Corman sought to avoid federal court review of the Endowment Act by getting into state court the morning the Governor signed the Endowment Act, but we do not believe this gambit will be successful.”
The NCAA’s motion to dismiss can be found by clicking here.
March 14, 2013
NCAA continues to defend sanctions against Penn State
The NCAA took another step today (March 14) to defend its sanctions against The Pennsylvania State University. Pennsylvania Governor Corbett filed a lawsuit in January seeking to invalidate some or all of the sanctions against Penn State on the basis of the antitrust laws. As the NCAA’s initial brief made clear, the courts have already stated that antitrust laws do not apply when the NCAA is acting in a non-commercial capacity to regulate competition and enforce its own rules.
Nonetheless, Governor Corbett filed a response largely premised on the allegation that the Penn State sanctions were the product of a conspiracy intended to benefit Penn State’s competitors on the football field.
Donald Remy, NCAA Executive Vice President and Chief Legal Officer, provided the following statement: "As today’s filing in federal court makes clear, the allegation that somehow the NCAA Executive Committee conspired against Penn State is baseless and absurd, and Governor Corbett’s lawsuit should be dismissed."
March 11, 2013
Updates on Corman lawsuit
As has been widely reported, Penn State entered into a Consent Decree and agreed to pay a $60 million fine to the NCAA, which would be used to set up an endowment to prevent child sexual abuse. After a series of legal pleadings and enactment of a new state law, on February 26, Senator Corman renewed his request for a preliminary injunction, seeking an emergency order compelling the NCAA to redirect the fine to the State of Pennsylvania. Senator Corman’s new motion seeks to enforce the law Pennsylvania passed designed to change the terms of the Consent Decree. The NCAA, in a separate federal lawsuit, has challenged the law, arguing that it plainly violates the U.S. Constitution.
In its filing on March 8, the NCAA asked the state court to delay ruling on Senator Corman’s motion because: 1) the money has not yet been paid to the NCAA and will not be paid in the near future; 2) serious questions exist concerning whether Senator Corman even has a right to sue; and 3) the validity of the statue Senator Corman seeks to enforce is already being considered by a different court, where the proper representatives of the State are involved. On March 11, the Court directed Senator Corman to respond to the NCAA by Monday, March 18, 2013, signaling that there is no rush to evaluate the request for a preliminary injunction.
Feb. 20, 2013
NCAA asks federal court to strike Pennsylvania law
The NCAA today filed a lawsuit in federal court seeking to halt an attempt by state politicians to invalidate portions of the Consent Decree between Penn State and the NCAA. Specifically, the state lawmakers approved legislation that restricts funds intended to benefit victims of child sexual abuse nationwide. Our lawsuit asks the federal court to strike down the newly enacted Pennsylvania law that would require the $60 million fine, agreed to by Penn State, to be paid to the state instead. Read more.
Feb. 7, 2013
NCAA moves to dismiss Pennsylvania lawsuits
The NCAA today asked courts in Pennsylvania to dismiss two lawsuits that are seeking to invalidate some or all of the sanctions against Penn State University. Pennsylvania politicians filed both suits, and our filings today demonstrate that neither Governor Corbett nor State Senator Corman have authority to interfere with the agreement between Penn State and the NCAA. Read more.
Jan. 2, 2013
NCAA responds to Corbett announcement
The NCAA today responded to Pennsylvania Gov. Tom Corbett’s announcement that he is planning to sue the Association for its handling of the Penn State sanctions. The following is a statement from Donald M. Remy, NCAA Executive Vice President and General Counsel:
“We are disappointed by the Governor's action today. Not only does this forthcoming lawsuit appear to be without merit, it is an affront to all of the victims in this tragedy - lives that were destroyed by the criminal actions of Jerry Sandusky. While the innocence that was stolen can never be restored, Penn State has accepted the consequences for its role and the role of its employees and is moving forward. Today's announcement by the Governor is a setback to the University's efforts.”
Dec. 7, 2012
A task force created to set up the structure and policies for the endowment formed out of the $60-million NCAA-imposed fine against Penn State has begun formulating how funds will be used. Read more.
Nov. 30, 2012
NCAA statement on first quarterly Mitchell report
In response to the first quarterly report from former U.S. Senator George Mitchell, who is the independent athletics integrity monitor for Penn State, the NCAA has released the following statement from President Mark Emmert: “I’m pleased to see the progress Penn State has made to date with respect to the Athletics Integrity Agreement as reported by Senator George Mitchell. Penn State has taken the first important steps necessary to ensure a culture of athletics integrity and we look forward to seeing continued progress as the AIA is fully implemented.” Click here to read Mitchell’s report.
Sept. 18, 2012
An NCAA-created national task force will oversee an endowment funded by the $60 million fine imposed on Penn State. The task force members were drawn from national nonprofit organizations (some specializing in child advocacy), the federal government and the NCAA membership. Read more.
Aug. 9, 2012
NCAA statement on Penn State’s fine and the endowment that will be established
“The endowment will benefit external programs across the country that help prevent child sexual abuse or assist victims of abuse. We are currently finalizing the details on how the endowment will be administered. We will post details to ncaa.org once they are available.”
Aug. 1, 2012
The NCAA today selected former U.S. Senator George Mitchell as the independent Athletics Integrity Monitor at Penn State. Mitchell’s five-year appointment begins immediately. As Athletics Integrity Monitor, Mitchell will evaluate Penn State’s compliance with NCAA sanctions and the Athletics Integrity Agreement it will execute with the NCAA and the Big Ten Conference. Read more.
July 23, 2012
Due to the unprecedented nature of the Penn State sanctions, the NCAA will provide appropriate and immediate relief of some NCAA rules for all eligible football student-athletes who wish to transfer to another school. Read more.
July 23, 2012
The NCAA Executive Committee and the Division I Board directed President Emmert to examine the circumstances surrounding the Penn State tragedy and, if appropriate, make recommendations regarding punitive and corrective measures. The Executive Committee acts on behalf of the entire Association and implements policies to resolve core issues, pursuant to its authority under the NCAA Constitution and Bylaw 4.1.2(e). Read more.
July 23, 2012
Penn State's sanctions are both punitive – intended to punish – and corrective, intended to remediate the 'sports is king' culture that led to failures in leadership. Read more.
July 23, 2012
Penn State's leadership failed to value and uphold institutional integrity, breaching both the NCAA Constitution and Division I rules. Read more.