Friday, February 8, 2013
NCAA files motion to dismiss Pa. lawsuit
By Adam Rittenberg
The NCAA on Thursday filed a motion to dismiss the federal lawsuit brought against it by Pennsylvania Gov. Tom Corbett.
Corbett's suit alleges several NCAA officials overstepped their authority by imposing severe penalties on the Penn State football program, including a four-year postseason ban and four years of scholarship reductions, in the wake of the Jerry Sandusky child sex-abuse scandal. The NCAA's motion, which you can read here, contends that Penn State signed a consent decree accepting the sanctions after an investigation commissioned by the school's trustees concluded that several top university officials were aware of Sandusky's crimes and didn't act appropriately.
From the motion:
Governor Corbett is a member of PSU's governing board, which voted to ratify the Consent Decree. In this case the Governor seeks, under the guise of antitrust law, to overrule his fellow Trustees and usurp the discretion that the Legislature delegated to PSU. This lawsuit is an inappropriate attempt to drag the federal courts into an intra-state political dispute. The remedial measures that Penn State agreed to were controversial, and have elicited strong feelings on all sides. Some think they are too harsh, and some think they are too lenient. But none of those feelings have anything to do with the antitrust laws.
There's a lot more there about why the NCAA believes the allegations about antitrust violations aren't true.