FanPost

NCAA's Emmert - Acting legally or illegally?

Bumped - P

After watching the utterly sanctimonious drivel being pawned on national news TV this morning, I have a few choice and serious comments for the pathetic examples of administrative leadership running NCAA.

My psychological profile on Mark Emmert is that the man is about as dangerous to this country as Spanier and the rest of the PSU leadership. With a leader like Emmert, the NCAA has become a national disgrace.

He clearly does not understand the scope of the NCAA and has an awful disregard for intellectual honesty. There are so many fallacious holes tonight that I can not summarize the totality of my disgust in one posting. The legal questions tonight overwhelm what should be the focus. Instead of a focus which should be to address the pain and suffering of the children abused, I find myself needing to address NCAA's unconstitutional behavior and clear evidence of collusion across state borders

Mr. Emmert stated, "Our goal was not just to be punitive but to make sure the university establishes an athletic culture and daily mindset in which football will never again be placed ahead of educating, nurturing, and protecting young people."

Shouldn't that comment have been focused on the athletic culture and NOT the punitive aspect? After all, the NCAA is not a court and though it often confuses itself with a legal proceeding, clearly does not follow legal procedures in evaluation of evidence. the political aspects of these behaviors can not be understated and are truly relevant, not only to Penn State, but also to EVERY NCAA member institution. Of more concern is that based upon NCAA's actions tonight, EVERY COMMUNITY in this nation is at risk financially to the NCAA.

I am a donor to a major Division 1 school. I have been mailed a compliance document which outlines the context of what I can say and what I can not say in certain circumstances. However, under what pretense does the NCAA or the university offer to curtail or impact my freedom of policy discussion in the context of governance over tax funds and tax payer money? Under no circumstance should the taxpayer's right of speech be abridged under any threat or coercive behavior. In the case of Mr. Emmert, his decisions this morning appear as coercive a threat as any made in our nation's history.

Let me review the legal issue here. At this juncture and level, the matter of interest is NOT the child abuse case. It is in fact the allegation of INACTION by Penn State authorities to report the matter. However, upon our investigation the State of Pennsylvania had NO law to report and had NO legal requirement on the university to report. Other states have those requirements, but apparently Pennsylvania did not. Who's fault is that? The 1998 football team? The incoming 2012 freshman or the returning 2010 recruit who is now a Junior and only half way through classes? Make no mistake, this is about the money. It has nothing to do with the student athlete or protecting their interests.

Legally, the NCAA has a special place in the United States. It appears to be the ONLY organization that can cross state borders, collude on policy without review by tax payers, act in an extralegal fashion on allegation alone, defame individuals without review by any federal authorities, and NOW impose multi-million dollar yearly penalties on "member institutions".

What is this?

My family was considering a commitment to make sizable contributions to my favorite university and athletic programs. My family members have orchestrated and made such contributions for and with others in the past. And, I'm not talking about $100 lunch tickets either. I'm talking serious $$$$$ gentlemen.

I urge Pat Haden and the other NCAA member institutions to bring Mr. Emmert and the NCAA policy structure itself under review. Mr. Emmert's handling of these and other matters brings into question the very reason for the NCAA. At this point, the FIRST penalty discussed was the financial penalty on the university. Because Penn State is a state university, the $60,000,000 over four years becomes a $15,000,000 annual fine on the taxpayers, citizens, and economy of Penn State for four years straight. Penn State is one of the only major stable employers in that region of Pennsylvania (did anyone bother to evaluate Scranton and Harrisburg's municipal bonds lately?). There are only 300,000 people working in that region. Therefore, this is going to equate to further financial hole that damages not only Penn State, but the ENTIRE local economy for the next generation.

For this reason, I am quite concerned that we are permitting the perpetuation of an immoral culture at NCAA itself. It is immoral to have a lack of objectivity in decision making, a lack of clear standards to measure by, and the presence of such political subjectivity that has such damaging impact on totally innocent people that are unrelated to the athletic programs. More importantly, the people who are involved with the athletic department, who contribute to the athletic department's programs, and financially commit to the programs can now see NCAA sanctions reallocate or steal the capital contributed to the university per the subjective whim of NCAA's president.

Today, the NCAA leadership admitted that the institution colluded over state borders without review by the affected taxpayers in Pennsylvania, imposed financial sanctions that penalizes (steals) sixty million dollars of capital from a state government funded educational institution, vacates fourteen years of student athletic achievement, and then imposed cut backs on student scholarships for many more years. That same leadership then stated in Q&A that the funds were not to come from the athletic department or academic programs. Then tonight, ESPN runs reports that it will come from the "savings account" of the "athletic department". Those savings accounts were helping to fuel the program, the university, and the local economy. Which bank will be losing that $15,000,000 per year and which bank will gaining it? Does Mr. Emmert already know the answer to this question? Is there any financial relationship between Mr. Emmert and the financial institutions involved?

Will the NCAA be accounting for all the TV revenue it received from 1998 to 2012 when Penn State appeared on broadcast media? Will NCAA commit its funds accrued over those fourteen years to fund social services in a totally non-athletic endeavor? And, which non-profits will be receiving these funds? Who's political cronies will be overseeing these funds? Will that be anyone related to John Corzine (MFGlobal) and Louis Freeh (MFGlobal)? Or, am I just getting overly cynical about the way NCAA decides to play on the field?

Over the past four years, I have had to see USC go through totally subjective damages related to legally unsubstantiated reports at NCAA COI. But, USC is not alone. The fact is that the people at Ohio State have also had NCAA's subjective myopia of justice. Now, Penn State. In each case the local economy and the local programs take real financial hits. These are very unfair circumstances when the Penn State matter just needed to be handled in Pennsylvania itself first.

How disappointing that NCAA did not let the legal process conclude and instead injected itself two weeks before training camps start and just four weeks before classes start. How disappointing that the timing of the Emmert proclamation comes just a few days before the start of the Olympics in London.

This is a FanPost and does not necessarily reflect the views of Conquest Chronicles' writers or editors. It does reflect the views of this particular fan though, which is as important as the views of Conquest Chronicles' writers or editors.

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