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NCAA asks court to toss suit over Sandusky fine

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The National Collegiate Athletic Association asked a federal judge to throw out a Pennsylvania lawsuit challenging penalties imposed on Pennsylvania State University over the Jerry Sandusky child-abuse case.

Pennsylvania Governor Tom Corbett has no standing to bring the case and is seeking to undo an agreement “freely entered into” by Penn State, the Indianapolis-based NCAA said in a filing Thursday in federal court in Harrisburg, Pa.

“This lawsuit is an inappropriate attempt to drag the federal courts into an intra-state political dispute,” the NCAA said in the filing.

Corbett sued the NCAA last month challenging a $60 million fine levied against the school for its failure to prevent the sexual abuse by Sandusky, a former assistant football coach who was convicted of molesting 10 boys. The complaint accused the NCAA of using the Sandusky offenses as a “pretext” to impose unprecedented sanctions, which violates antitrust laws.

Pennsylvania law gives Penn State the authority to manage its own athletics program, voluntarily join the NCAA and agree to contracts, the NCAA said in its filing. Corbett, a member of the Penn State governing board that approved the NCAA agreement, is seeking to “usurp the discretion that the legislature delegated to PSU,” the NCAA said.

“The remedial measures that Penn State agreed to were controversial, and have elicited strong feelings on all sides,” the NCAA said. “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.”

In addition to the fine, the Indianapolis-based NCAA, the governing body for college sports, stripped Penn State of 112 football wins from 1998 through 2011 and barred the Nittany Lions from bowl games for four years, matching the longest post- season ban in NCAA history.

Pennsylvania will seek an injunction against all of the sanctions, James Schultz, Pennsylvania’s general counsel, said last month.

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  • Great word
    Bloviating...fantastic word.
  • anticipation
    Can't wait to get that bloviating hypocrite, Emmert, under oath in the discovery process! Going to be a lot of 'uh' , 'but' and 'I don't know' going on! P.S How is that Miami deal working out? :)

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  1. I never thought I'd see the day when a Republican Mayor would lead the charge in attempting to raise every tax we have to pay. Now it's income taxes and property taxes that Ballard wants to increase. And to pay for a pre-K program? Many studies have shown that pre-K offer no long-term educational benefits whatsoever. And Ballard is pitching it as a way of fighting crime? Who is he kidding? It's about government provided day care. It's a shame that we elected a Republican who has turned out to be a huge big spending, big taxing, big borrowing liberal Democrat.

  2. Why do we blame the unions? They did not create the 11 different school districts that are the root of the problem.

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  4. I'm sure Indiana is paradise for the wealthy and affluent, but what about the rest of us? Over the last 40 years, conservatives and the business elite have run this country (and state)into the ground. The pendulum will swing back as more moderate voters get tired of Reaganomics and regressive social policies. Add to that the wave of minority voters coming up in the next 10 to 15 years and things will get better. unfortunately we have to suffer through 10 more years of gerrymandered districts and dispropionate representation.

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