NCAA Jumps The Shark, Creates More Innocent Victims In Race To Punish Penn State

After all of the sanctions were read, the one that caused this reaction was the loss of all wins since 1998.

It’s a funny thing that as you get older, you seem to see things a little more “black and white” than you did in your twenties and thirties. Life does have a way of teaching you absolutes, and will continue to teach them until they are understood.

One of the “absolutes” that I’ve sadly learned during the past few years is the media’s absolute power to sway the national argument to the side that will sell more advertising, which means more readers or viewers. And, nothing sells quite as good as bad news or a scandal.

To that end, the NCAA decided on Monday to nuke Penn State University.

To me, the NCAA’s role in college athletics is pretty simple:

You see a football coach shoving hundred-dollar bills into a recruit’s pockets, you don’t call the cops. That’s not illegal. You call the NCAA, because that’s against the rules.

You see a kid being molested in the shower, you call the cops, and not the NCAA because that IS illegal.

I fully understand that the NCAA had to do something with Penn State,  regardless of media pressure and public outrage. I get it.

But we do have a huge problem here: as hard as it is for Penn State haters and detractors to swallow, Penn State was squeaky-clean as far as NCAA violations are concerned. This is like getting a parking ticket and having the IRS show up at your door the next day. Neither one has anything to do with the other. And, that’s just the way it is.

Obviously, something went terribly wrong at Penn State. But, in the America that I grew up in, even the guy who just murdered all of those people in Colorado is being referred to as the “alleged” killer, because even though we all know he did it, that’ s just the way our system works. Everyone is entitled to a fair trial.

In Penn State’s case, there has been one trial thus far and Jerry Sandusky was found guilty as charged by a jury of State College residents, many who have close ties to Penn State.

Child molestation, as we have found out over the last several months, is a crime that most Americans don’t have much sympathy for. Penn State would have had a better chance had they been selling drugs out of the locker room or running a gambling ring instead of what was somehow allowed to carry on with Jerry Sandusky.

But, back to the NCAA: while it might give some satisfaction to see once-mighty Penn State humiliated and shamed, an argument can be made that in an effort to “fix the problem,” the NCAA just humiliated and shamed a lot of people who had nothing to do with this: forget about the current students and 500,000 alumni around the world.

What about the current coaching staff and players who just saw their next four years wiped out?

The argument can be made that it’s “people like me” - as in blind defenders of everything Penn State Football – that forced the NCAA to come down hard in an effort to “change the culture” down there in Happy Valley. We all drank the Kool Aid, and it’s our fault that a few individuals allegedly felt empowered to behave like cowards.

That would assume that the average Penn State fan is stupid. And, I can assure you, they’re NOT.

We all love Penn State, and we all loved Joe Paterno. Yet, I believe that had this all come to light when it should have – 10 years ago – Penn State fans would have taken their medicine and moved on. Yes, it would have been hard to swallow, but the wound would’ve been much cleaner and easier to treat. By allowing it to fester for a decade, it had turned into a cancer that ended up consuming the entire body, too late to save.

As of today, two of those that were involved in the alleged cover up – PSU vice-president Gary Schultz and athletic director Tim Curley – up are awaiting trial in January. Former president Graham Spanier could be charged any day. The courts will have their way with them and ultimately decide who is guilty, who is innocent, and who gets punished. NOT the NCAA.

That’s the way it’s supposed to work, and it will.

Again, I understand that the NCAA had to do something, even if they really had no jurisdiction in the matter. While “lack of institutional control” is certainly in play here, the sanctions were levied against Penn State came with no NCAA hearing (the normal procedure) but instead relied on the much-flawed Freeh Report. Even after the Grand Jury indicted Sandusky, he still got his day in court. The Freeh Report is just that:  a report that issued some very strong opinions based on no interviews with the main players. But, it was fool’s gold for the NCAA. And, apparently, enough evidence for them to convict Penn State.

My biggest problem with this whole sad tragedy is the lack of due process. Unfortunately, “due process” takes time, and the NCAA felt the need to act swiftly no matter what future court proceedings may reveal.

In the end, everyone who had anything to do with this mess is gone, dead, or awaiting trial. Coach Bill O’Brien now has to figure out how to deal with possible mass-transfers of his players to other schools and has to also somehow repair the psyche of a team who just had their hearts ripped out for an opening game in just five weeks.

I know, too bad. This isn’t about football, it’s about punishing the university that allegedly looked the other way when children were being molested.

As in most Division I schools, Penn State’s football team is more than football: it’s a cash cow that funds most of the other sports on campus (sorry, women’s lacrosse is not self-funded) and builds new science buildings so that the entire university benefits from it. It’s a place for the alumni to gather for a few weeks every fall and to talk about the old days. It’s a happy diversion from every day life. It’s so big that media from around the country cover Penn State Football.

The NCAA should have hit Penn State harder financially – like $100 million – but left the Golden Goose alone. Two or three years with no bowl games would have at least given Coach O’Brien a chance to tell incoming freshmen that there’s some hope to play in the post season in a few years.

The loss of scholarships takes 40 kids who might have never had another chance to go to college off the table.  Forget Penn State, those 40 scholarships weren’t taken away and divided among other schools. They were simply erased. How does that serve anybody?

Regarding the vacation of wins since 1998, that to me was just petty, vindictive, and over-the-top, especially when the matters that allegedly happened in 1998 have yet to have their full vetting in a court of law. It was a very cheap and parting shot at Joe Paterno. Perhaps everyone will be happy if  the entire Paterno family were  executed in public. No doubt, the NCAA would be there to fine them for being dead without a permit and order them to be shot again.

My son is on Penn State’s team. Before this, he had never even heard of Jerry Sandusky. The coach who recruited him – Mike McQueary – is gone. The coach he played for is dead. His university is the laughingstock of the world. Yet, he wakes up every morning for his 5:00 AM run, throws up, lifts weights, and then goes to class to earn his degree in Energy Management.

He’ll never play in a bowl game, or for the Big 10 Championship. He’ll be booed mercilessly at away games, and many of his teammates and friends are considering transferring. His team didn’t break any rules yet had 13 years of wins stripped away.

He didn’t sign up for this. As his dad, it’s hard to watch.

Perhaps the NCAA could have spent more than just 10 days deliberating before adding so much more pain to an already painful situation.  Again, the NCAA had to do something, but the wheels of justice were already in motion before they turned Happy Valley into Hiroshima.

And this serves the victims of Sandusky how?

The Guy From Erie
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14 comments

  1. Bill P. says:

    Nice article Phil. I am not a “Penn Stater” but I have a daughter there and hopefully one more in a few years. I’ll be in the stands rooting hard for your son and his teammates.

    It is hard for me to accept that Penn State did not put up a fight regarding the sanctions. As a former Chief of Internal Review for the Army Reserve I was responsible for publishing many reports similar to the Freeh Report. I can’t say I’ve read the entire report yet but I’ve looked at all the exhibits that are supposed to support the conclusion. Unfortunately it looks bad for the big three. They will deserve what they get. However I can find absolutely nothing that would convict Joe Pa in a court of law. There are three very ambiguous documents concerning Joe that you can draw your own conclusion either way. I hope in the end he is found to be cleared as the other three have their day in court.

    I also was in Joe Paterno’s shoes five years ago while on a military deployment with respect to having a first line subordinate rumored to be committing sexual crimes. Everyone thought I knew exactly what was going on. I didn’t. Everyone thought I was covering it up. I wasn’t. Sometimes the boss is the last to know. Every time I went to the authorities I was told that since I was not a witness, and no witnesses would come forward there was nothing that they would do. One night I staked the guy and caught him. He was removed and an investigation started. In the end justice for him was served, but I was reprimanded for not acting quick enough or decisively enough. Based on that experience I conclude that even if Joe went to the police as I wish he would have tried, the law most likely would have done nothing. Just like in 1998.

    I believe the NCAA chief is just acting out his own ego and showing his total lack of intelligence and morality. Perhaps when the truth comes out, some of us will have the legal standing to take that man to task.

    In the meantime……….Go Lions!

  2. CP says:

    Excellent points Phil. The 1998 issue makes no sense. The issue was investigated by external agencies = no cover up. POS Sandusky was cleared. WTF does sthe NCAA expect them to do…violate his Constitutional Rights?
    As for JoePa, I wish people would read the report. I see nothing that changes my mind. He DID NOT ENABLE a predator.
    I PRAY THE BOT renegs and fights this. If the NCAA can break rules and make things up, then so can the members. It is a two way street!

  3. PSU 80 says:

    Great piece! How very true. Thanks for writing this. My hope is PSU comes out stronger and proves them all wrong! We are not rolling over. We Are Penn State!!!!

  4. Dan says:

    Great job!

  5. walt says:

    awesome and so well written from the perspective of a player parent, but it is even more than that….im a retired atty, and was both a DA and CYS solicitor, the latter for 40 yrs. i too came to the same conclusion..yes the sins were of a “former” coach, and Joe worst case scenario, but this was not a”football” issue at all!! The freeh report was horribly written, sophomoric in substance and style, and drew conclusions that will fail ever to be proven in a court of law, and will only be accepted only in the court of the misinformed. of course the actions of sandusky were horrific and those who are criminally culpable should also be dealt with accordingly. however the jordan kerners of the world are being punished for being…well just being..and you are so right, these players, incluidng your son will be derided by other fans for years to come…so unfair, and unneccesary. the sanctions levied by a hypocrit who desires to leave his imprint on society as a tough administrator and helped by our esteemed erickson and joyner is quite repulsive.

  6. Dave Shellenbarger says:

    Dear Mr. Kerner,
    Thanks for a thoughtful and well-written summary of what’s happening. And a special thank you to Jordan. He and his teammates who stay will be among my favorite Penn State athletes ever!

    My own thoughts are very close to yours. I would add that the punishment that’s being levied also ignores the $500K raised for RAINN in the week following the revalation of this mess, along with the student and player philanthropies that are ongoing. Penn State has already become a leader in supporting the prevention of child abuse without having been forced to do so. So while, I can understand the monetary penalties, I can’t accept how this has all gone down without due process. Aside from the money, there is no help or relief for Sandusky’s victims. No one has even apparently consulted with them to understand what they might think is appropriate. On top of that all the wrong people are being punished.

    If I were another university, I would be very worried about the future, should a misstep occur and the NCAA decide to move in on them. A line has been drawn in the sand.

    Aside from all of this, I am proud of the response from the team and most of the alumni to whom I’ve talked. We have been let down and trampled upon by the university leadership (including our governor), the media, the general public, and potentially a lot of the world outside the US. But we will stand strong and we will come back from this!

    I think one of the things that hurts most is the NCAA’s statement that accuses us of being out of sync between academics and athletics. I would contend that we are closer to the right balance than 95% of all the universities out there. I will continue to support both! I will work to replace our failed leaders and find new ones who will bring us back to the level we belong.

    In spite of what the world may think, I know that WE ARE (and will always be) PENN STATE!

  7. A Concerned Parent says:

    Thank you for taking the attention away from the innocent children that were raped, molested and sodomized while 4 major heads of a university attempted to cover it up.

    What’s the difference? The school will move on while the raped children will be forever scarred.

  8. Phil Kerner says:

    Dear Anonymous “Concerned Parent,”

    And punishing those who have yet to be proven guilty serves Sandusky’s victims how?

    And punishing the current football team and its coaching staff serves the victims how?

    Stay focused: Make those who are found guilty pay.

  9. Pete says:

    As a PITT fan and life-long PSU hater (sorry-it goes with the territory!), I have to agree with most everything you’ve written, and credit you for remaining on the high road as someone so close to the program.

    I don’t really understand punishing the current players/staff and have a hard time understanding why the statue was treated like that of Saddam. Why not put it somewhere in the athletic offices next to (I’d imagine there has to be?) all of the trophies the university has won? That it’s somewhere collecting dust under a blue tarp is bananas.

    Also have trouble understanding stripping the wins. That was certainly a cheap shot.

    One thing bothers me, however, and that’s the picture headlining the post.

    Imagine posting a multiple choice question underneath…
    A. This is the reaction to the allegations.
    B. This is the reaction to the Freeh Report.
    C. This is the reaction to Joe Paterno losing victories.

    I hope things work out for your son, whatever he decides.

  10. A Concerned Parent says:

    “And punishing the current football team and its coaching staff serves the victims how?”

    By setting the example for each and every university in the NCAA that this type of behaivor will not be tolerated and will be dealt with severely. Each and every school has just been put on notice and this could prevent it from reoccurring at another school, which would prevent more victims.

    Also, this is designed to punish a culture that placed football ahead of ethics and morales. Unfortunately, the current students are a part of that culture and a part of the problem. Reactions like your article are also a part of the problem and unfortunately, I really don’t think the lesson has been learned.

    Prior to reading this and hearing the reactions, I was ok with the punishment. Now I wish PSU was given the death penalty.

  11. Phil Kerner says:

    We are all very much relieved that you were “ok” with the punishment.

    Punishing those who did nothing wrong never works as a deterrent. I can hear the sound of paper shredders running at every major institution in the country.

    The NCAA gets all of its power (money) from the 20 or so major “football cultures in the country.”

    Did you even read the Freeh Report? Or just the 2-page summation that was spoon-fed to the media?

    The truth shall be revealed within the next several months.

    Two wrongs never make a right.

  12. Lex says:

    To A Concerned Parent: No, punishing the football team does not send a message to anyone. An attorney for one of the victims even said that they didn’t want to be the downfall of Joe Paterno. I am all for punishments – and yes, the university does need to be punished, but the past and current football team? No, a real shake up should take place at Penn State. The current President and the board of trustees should be replaced – then, the culture that didn’t do their job can be changed.

  13. Sam says:

    What did you think they were going to do to PSU?

    You need to wake up…..no wonder cults are able to survive

    You take a person and refuse to place any blame when solid facts show otherwise….It’s no wonder Koresh and Jones were able to pull off the stuff they did.If Paterno had started a cult you would have been first in line to drink the kool-aid

  14. Phil Kerner says:

    Okay, I’ll bite: please share the “solid facts that show otherwise.”

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