There is a growing debate over the appropriateness and legality of the NCAA’s action against PSU. Mike Fish, an investigative reporter with Espn.com, addressed  this debate in his July 23, 2012 piece entitled “PSU Investigation Different from Start.” Fish pointed out that the NCAA never publically announces that it is beginning an investigation into a school’s athletic program. In the case of PSU NCAA President Mark Emmert published a three page letter on the organization’s webpage which advised the University (and public) of its impeding investigation. Fish and many experts on NCAA policy and its regulations suggest that if the organization played by the rules it would not have been able to sanction PSU. The NCAA has never punished a school for criminal behavior. There are no bylaws that cover criminal behavior. There is a debate raging among former and present NCAA enforcement members over Emment’s very public condemnation of PSU. Importantly the NCAA normally takes its time to investigation allegations of bylaw violations. In this case it did not conduct any real investigation but instead relied exclusively on PSU commissioned Freeh Report. Many believe that the NCAA should have conducted its own investigation. The NCAA appeared to have abdicated its responsibility when it ordered to PSU to adopt the recommendations of the Freeh Report.

Lost in the NCAA’s bullying of PSU is the fact that Coach Paterno played well within the organization’s rules. Coach Paterno made sure that his players received their education. The undisputed fact is except for the Sandusky matter PSU played by the book and its players were rarely involved in off the field shenanigans. Consequently it just doesn’t make any sense why the President of PSU was so quick to sign the Consent Degree. The University has a lot to be proud of and a history of academic excellence. In my opinion PSU should have vigorously contested NCAA sanctions and, discredited the Freeh report. I understand that they paid for it. All of the issues could have been administratively adjudicated and there after litigated in court. In the end the University could have prevailed on its position and at a minimum the University could have avoided such a devastating financial hit. I do not think that the University had anything to lose in fighting for its rights, for its football program and overall well-being of students. I think it was an egregious error on the part of the University not to contest the NCAA sanctions.