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What Should the NCAA Do About the Penn State Sex Scandal?

Posted: 11/21/11 05:19 PM ET

On Friday, the NCAA put a bull's eye on the back of the Penn State football program.

In a letter to the president of the university, the NCAA said they were examining issues related to institutional control and ethical conduct stemming from the university's handling of a child sex abuse scandal in which a former assistant football coach, Jerry Sandusky, is alleged to have sexually abused eight boys in 15 years.

Even if Sandusky is found not guilty of the sexual misconduct charges against him, there is already credible evidence that senior Penn State officials were engaged in a cover up of the allegations for nearly a decade. And that may be enough to put the football program out of business.

That is, unless the NCAA moves to reform what many perceive to be an ineffective and grossly unfair system of enforcement.

The most serious penalties levied against a football program in recent memory occurred at my alma mater, the University of Southern California. The school was tagged with the dreaded "lack of institutional control" tag when former Heisman Trophy winner, Reggie Bush, was found guilty of accepting improper gifts, including a rent-free house for his parents, a tricked-out car and a few trips seven years ago. The NCAA penalty: a two-year postseason ban and the loss of 30 scholarships (levied against the current group of players).

The allegations at Penn State are far more serious in comparison.

The most damaging aspect of this sordid story is that there is no evidence that law enforcement was notified of an alleged incident in 2002, in which assistant coach Mike McQueary told a grand jury that he saw Sandusky sodomizing a young boy in the locker room shower. McQueary claims he told the head coach, the athletic director and the vice president in charge of campus police. All three -- and the former president of Penn State -- now claim that they thought a naked Sandusky was only "horsing around" in the shower with a naked little boy.

Leaving aside the issue of how anyone can confuse sodomy with horsing around, some of these same Penn State officials had knowledge of a previous alleged incident involving Sandusky, a young boy, nudity and a shower in 1998. The incident was investigated by campus police but never prosecuted.

Despite the past allegations, none of the individuals with responsibility for overseeing the Penn State football team or athletic program appear to have reported the alleged 2002 incident to the police. Considering what happened at USC, is there any other penalty for the NCAA to enforce against the Penn State football program but the so-called death penalty?

The answer might very well be "yes." But there's a catch: the NCAA will have to examine its own system of compliance and implement a series of long-over due reforms.

The current NCAA infraction process is the definition of unsportsmanlike conduct. It often penalizes teams and programs that had nothing to do with the rules violations. Usually, that's because the offending player is out of reach of the NCAA cops, having escaped to the safe haven of a professional sports league.

As a first step, the NCAA should convince the professional sports leagues to require all college athletes to sign a statement attesting to the fact that they are athletes in "good standing" at their respective schools prior to turning pro.

If a player is found to be in violation of this signed pledge, even several years later, then he should be immediately declared ineligible and forced to apply for reinstatement by his league. Fines, suspensions (for regular and postseason play) and restitution where appropriate (of goods accepted and even the value of his scholarship) should all be considered. This will punish the guilty, not create more victims. And it will probably do more to deter gross violations of the rules in the college game than anything being done now.

Of course, the same sanctions should apply to college coaches and administrators -- including clawback of salaries and the monetary value of other perks -- when they run afoul of the rules.

To be sure, there are those who will disagree, saying that athletes cannot be penalized in the pro leagues for breaking the rules in the college game. But why should athletes be subject to different rules than the rest of us? If you lie on your resume and your current employer finds out then you won't be sitting on the sidelines of the corporate picnic, you'll be fired. Besides, the NFL and NBA already have entrance requirements for college players, including waiting periods. Just ask Maurice Clarett and Michael Williams.

Second, to reduce low-level rules violations, the NCAA must allow schools to provide for the full cost of attendance so that athletes are not forced (or tempted, depending on your point of view) to sell memorabilia or accept free meals to meet basic needs or some minimum standard of living. At USC, Athletic Director Pat Haden did the math. He concluded that on average, scholarship athletes (making everyone else rich) have a budget of $150 per month for food and spending money. Could you survive on that? If the NCAA refuses to allow the value of a scholarship to rise to the full cost of attendance, then they should use some of the television money generated by their student-athletes to establish an endowment to supply need-based grants and no-interest loans to those in need.

Third, the NCAA needs to get out of the "gotcha!" business and use its compliance resources more appropriately. It should first and foremost work with the conferences and schools to be sure that everyone understands the rules. It should demonstrate appropriate flexibility in granting waivers in hardship cases or misunderstandings. It should use its resources to uncover willful violations of the rules in something approaching real time. Most importantly, it must be an example of fairness, good sportsmanship and ethical conduct and develop mechanisms to penalize only those individuals who broke the rules.

It's the right thing to do. Just ask the football players at USC and Penn State.

 
 
 

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On Friday, the NCAA put a bull's eye on the back of the Penn State football program. In a letter to the president of the university, the NCAA said they were examining issues related to institutional...
On Friday, the NCAA put a bull's eye on the back of the Penn State football program. In a letter to the president of the university, the NCAA said they were examining issues related to institutional...
 
 
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06:25 PM on 11/22/2011
Lifetime ban from NCAA sports for the people involved in the cover up. I've always hated that students pay the price for the sins of their coaches or for players that are long gone.
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thudpucker
We cannot improve the world if we conform to it
11:25 AM on 11/28/2011
How true. The victims here in every sense of the word are the students. All the accomplishments and hard work the athletes have made will be tainted by those who can't see past the crimes of the few. Lifetime ban from every level of sports should be the first step-including broadcasting. A bigger issue is how to monitor NCAA sports. There is alot of garbage coming forth and greed needs to be set aside and the focus on can it be fixed. We wonder why some of these kids are having issues when they move on. We may be seeing some of the reasons.
02:48 PM on 11/22/2011
The investigative journalism behind this story is completely dead in the water.

A Former NCAA Assistant Coach of the Year, and admitted child fondler (as admitted in the 1998 case with now dead DA Ray Gricar, that he for some reason refused to prosecute) is also accused in Texas people.

The NCAA is implicated to some degree in this mess, because as everyone in here seems to be forgetting, there is an on going criminal investigation in Texas into what Sandusky did with little boys at the Alamo Bowl in 1999, that opened right after he was charged with 40 criminal counts in Pennsylvania.

http://www.nbcphiladelphia.com/news/local/Philly-San-Antonio-Police-Launch-Preliminary-Inquiry-Into-Jerry-Sandusky-133684838.html
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Leon Hodgkinson
02:30 PM on 11/22/2011
Please don't call this a sex scandal. This is not a sex scandal. A sex scandal is Tiger Woods having consensual sex with anything that moved. These were crimes of violence, instances of child abuse.
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mojo filter
02:00 PM on 11/22/2011
Most scholarship athletes dont generate income for their schools. In fact, athletic programs are already a drain on the schools financially. I think they get enough already with free room, board and tuition.
jhNY
Mercy.
12:24 PM on 11/22/2011
I keep reading this thing, but I can't quote conceive that the author is serious when she states, re USC: "The allegations at Penn State pale in comparison."

Really? Free rent and a tricked out car for a student athlete is more serious to the author than child rape and cover-ups? Where? On Bizzaro World?

Am I missing something?
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Kelly Moore
01:39 PM on 11/22/2011
No! That's a typo, thanks for pointing it out. Will let the editors know.
jhNY
Mercy.
03:04 PM on 11/22/2011
Happy to hear this!
11:59 AM on 11/22/2011
Its all about money. The NCAA became a paper tiger and a clown act after the 1984 SCOTUS order which took away its power to make TV deals and let colleges negotiate their own TV deals. Example, Look what the Texas/ESPN "Longhorn Network" $300 million deal did to the former "Big 12".
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08:50 AM on 11/22/2011
"It should first and foremost work with the conferences and schools to be sure that everyone understands the rules."

Please.
They're adults. They understand the rules. They hire lawyers to subvert the rules. They meet in secret to skirt the rules. They look the other way while boosters flaunt the rules. They don't give a flying flugel horn about the rules.
That's why the 'death penalty' is the only appropriate response. You value football over the rapes of children? No football for you. End of story.
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06:55 AM on 11/22/2011
"The allegations at Penn State pale in comparison." - I keep trying to read this post but I can't seem to get around the above quote in the middle of it all. Now in my understanding of the English language, it would appear that Ms. Moore is saying that the situation at Penn State is less than the the USC violations (questionable choice of nouns) in which athletes received improper benefits. So, Ms. Moore, please tell us that I have misunderstood your statement quoted above and you do believe that the rape of children is a much more serious matter than the free rent extended to Reggie Bush's parents? If not, then perhaps your "ability" to comment on politics, sports, foreign policy, counterterrorism and life in general should be suspended while you audit a class on ethics - preferably not at Penn State.
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Doug Watt
Not ready for 2012
09:15 AM on 11/22/2011
I have the same problem with that sentence.
12:00 PM on 11/22/2011
"pales" should have been aimed at USC comparison.
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Kelly Moore
01:56 PM on 11/22/2011
Sorry for the confusion. As Ozarks points out, the "pale in comparison" reference was to USC as in what happened at USC pales in comparison to what happened at Penn State. It was an inadvertent editing error (putting Penn State first vice USC without changing the verb). I would hope that the rest of the piece make it clear that I believe what happened at Penn State was unacceptable. I've let the editors know so it should be corrected shortly.
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Parade Keegan
I Can Hear You
03:30 AM on 11/22/2011
Did I read this right? Is the author saying that the Penn State allegations of sexual abuse of children is less egregious that the reason they sanctioned USC? WHAT! Tell me they aren't saying that?

They need to "gut" the Penn Football program and start over from the ground up.
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Kelly Moore
01:59 PM on 11/22/2011
There was an editing error. The sentence is essentially backwards. What happened at USC pales in comparison to what happened at Penn State. I've let the editors know.
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Parade Keegan
I Can Hear You
03:20 PM on 11/22/2011
Whew!
10:37 PM on 11/21/2011
Hopefully the players don't end up having to pay for this. I am sure they will.
07:20 PM on 11/22/2011
The players end up paying in multiple other cases. Take for instance the lost of scholarships. Who does that punish but future prospects? How about vacating an entire season of play because of the actions of a handfull of players and the coach? Over a hundred other students had to pay with the loss of an entire season of their career. Where are the people up in arms about that?

The NCAA has sent a letter to the school and has requested an early december response. I personally believe this is in part to decide whether or not to suspend Penn prior to any potential bowl games.
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golfvue3
It's all ball bearings these days.
09:53 PM on 11/21/2011
This is not a sex scandal. It is child abuse.

A sex scandal would better describe adult activies...
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Doug Watt
Not ready for 2012
09:17 AM on 11/22/2011
Repeated child rape, that was clearly covered up, is a scandal and it has to do with sex. Doesn't that merit the description?
08:18 PM on 11/21/2011
Exactly what NCAA violation did Penn State break? Also, your facts are not 100% accurate. The police were notified. Shultz was the head of the universities police department. A police department that has all the power (and responsibility) of any municipal police department. Also, the 1998 indecent went all the way to the county District Attorney, and he decided not to prosecute. With the information that has been made available to the public so far everyone within the football program legally did what was required of them. McQeary reported it to Paterno, and Paterno reported it to Curley (the AD), then McQeary gave his account of what happened to Curley and Shultz. Thus McQueary and Paterno are not being charged with any crimes. However, Curley and Schultz are. Contrary to popular opinion, Paterno did not run Penn State. He had tremendous power over the football program, but not over the university or the athletics program. The scandal involve those above Paterno, people he had no control over. Because the AD is involved and has been criminally charged I can see how the NCAA would want to investigate. However, this is not a case where coaches or players violated any rules. This is a case where the AD himself was negligent. "Lack of institutional control" implies to me that the AD has lost control of the program, but what do you do if the AD himself is the problem and not the programs he oversees?
09:27 PM on 11/21/2011
"2.4 THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT [*]

"For intercollegiate athletics to promote the character development of participants, to enhance the integrity of higher education and to promote civility in society, student-athletes, coaches, and all others associated with these athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility. These values should be manifest not only in athletics participation, but also in the broad spectrum of activities affecting the athletics program." "
03:17 PM on 11/24/2011
Except that in 2002, Sandusky was. Of involved with the football program but was a professor emeritus.
08:41 AM on 11/22/2011
You make an interesting point but the fact remains that the Penn State football program is incredibly powerful in Happey Valley and even nearby areas. That fact cannot be denied. I doubt that the 1998 alleged incident was the first. It was probably what many people at Penn State suspected but couldn't prove (what I hope) or it was an incident that they could no longer cover up because too many people witnessed it. The fact also remains that at the very least Joe Paterno and Mike McQueary new exactly what Sandusky allegedly did in the football locker room showers in 2002.

Did Paterno follow up with his "superiors' as to why Sandusky wasn't in jail? Did McQueary ever go to the police? What influence did the program's success have on keeping this crime quiet? What influence did Paterno have on keeping things quiet? What has been going through McQueary's mind the past 9 years to see Sandusky walking the school grounds possibly with other children? These are questions that I hope the NCAA and the school's independant investigator are asking and investigating.
03:18 PM on 11/24/2011
The fact does not remai that Paterno and McQueary knew exactly what occurred. A two line summary in a GJ report that is not a transcript infers no facts.
06:12 PM on 11/21/2011
Give them the NCAA "Death Penalty". Five to ten years with no football.

Let current football players transfer anywhere for next year.
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Meerkatx
05:30 AM on 11/22/2011
After SMU was given the death penalty for their football program the NCAA said they would never use that harsh a punishment again. What needs to happen is Penn State needs to vacate all wins from 1997 to the day of Paterno's removal as head coach, they need to give up ALL scholarships to football for the next 4 years, all profit the football program has generated since the first report should also be calculated and then Penn State should be forced to donate that amount of money over the next 12 or so years to programs to help abuse victimes, and from here on out all players, staff and students need to attend classes concerning sexual abuse courses that cover the gamut of all types of abuse.

I am a Penn State fan. The biggest problem at Penn State the last decade has been everyone's unwillingness to say no or force oversight of Paterno and his program obviously and for that the whole college needs to pay, since it's obvious that the culture extended across campus to all parts from lowly janitors to the AD to students and other staff.
05:33 AM on 11/28/2011
Hogwash. NCAA rules ARE NOT CRIMINAL RULES. The reason that SMU got the "death penalty" is that they were on probation and got a distinct competitive advantage by contimuing to break rules. I'm sure the only reason the NCAA has sent a letter of inquiry is to keep ALL YOU PEOPLE FROM JUMPING DOWN THERE THROATS FOR FAILURE TO DO ANYTHING.