Looks like buyer’s remorse has set in.
At least four Penn State Board of Trustees members intend to file an appeal Monday afternoon with the NCAA over sanctions levied against the university after the Jerry Sandusky child sex-abuse scandal because they say the NCAA did not give the school due process in meting out its punishment.
Trustees and a person with first-hand knowledge of the discussions said the move is a precursor to a federal lawsuit asking a federal judge to invalidate the sanctions, because trustees expect the NCAA to reject the appeal.
The trustees are also trying to determine whether university president Rodney Erickson had legal authority to sign a consent decree agreeing to the package of sanctions — a $60 million fine, a four-year bowl ban, scholarship losses and the vacating of wins from 1998 through 2011.
Erickson signed a consent decree with the NCAA after consulting with Board of Trustees chairwoman Karen Peetz and university counsel, but he did not bring the decree to the full board for review or a vote.
Sounds messy. Which shouldn’t be unexpected when you’re in a hurry to push a settlement through. As for the chance of success, it’s not like the NCAA doesn’t lose in court, but you don’t exactly have the most sympathetic plaintiff in the world either. In any event, it’ll keep things in the public eye – which is what I thought the settlement was supposed to help avoid.