IBJNews

NCAA sues Pennsylvania over $60M Sandusky abuse fine

Back to TopCommentsE-mailPrintBookmark and Share

The National Collegiate Athletic Association has filed a lawsuit accusing Pennsylvania of trying to confiscate a $60 million sanction imposed against Pennsylvania State University in the Jerry Sandusky child-abuse case.

A new law that lets the state control the use of the funds violates the U.S. Constitution and can’t be enforced, the NCAA said in a complaint filed Wednesday in federal court in Harrisburg, Pa. The bill, passed this month and enacted Thursday, applies to all large fines levied against state-supported institutions.

The state is “attempting to legislate where private parties spend their money, and to confiscate funds intended for the victims of child sexual abuse nationwide,” the NCAA, the governing body for most U.S. college sports, said in the complaint.

Pennsylvania Governor Tom Corbett’s office is reviewing the complaint, spokeswoman Janet Kelley said Wednesday in an email.

Corbett supported and signed the law “because he believes it is important to keep this money in Pennsylvania,” Kelley said in the email. “He believes it makes sense and is the right thing to do."

Corbett sued the Indianapolis-based NCAA in January, challenging the fine levied against the school for its failure to prevent sexual abuse by Sandusky, a former Penn State assistant football coach who was convicted of molesting 10 boys. The governor accused the NCAA of using the Sandusky offenses as a “pretext” to impose unprecedented sanctions in violation of antitrust laws.

The NCAA countered in papers filed this month that Corbett has no standing to bring the case and is seeking to undo an agreement “freely entered into” by Penn State.

The Pennsylvania Institution of Higher Education Consent Decree Endowment Act attempts to “negate a valid contract” between the NCAA and Penn State, the sports association said in court papers. The act, which says that fines levied from a school become property of the state, “amounts to a taking of private property without just compensation,” the NCAA said.

The governing body is asking a judge to declare the law unconstitutional and bar its enforcement.
 

ADVERTISEMENT

  • Death Penalty
    It might be time for the Colligate Athletic "Death Penalty" for Penn State Football. The prosecution provided more than enough factual information for a jury to determine fault in the Sandusky matter, however it might be time to review all email communications between the university and the State House, just to ensure the coverup did not actually make it all the way to the legislature and governor.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
thisissue1-092914.jpg 092914

Subscribe to IBJ
ADVERTISEMENT