Mark Emmert Brought Down Penn State, But Left Disturbing Precedent for NCAA
Mark Emmert acted. Deploying what could best be described as “the best interest of college athletics clause, the NCAA president unilaterally hammered Penn State’s football program with devastating sanctions, enough to constitute a de facto death penalty. He superseded the NCAA’s traditional role in college athletics and asserted the organization’s relevance in the short-term with devastating sanctions. This was not the right decision, though it is not clear there was a right decision.
Penn State’s scandal was outside and beyond the NCAA’s purview. With executive committee members’ approval, Emmert broke precedent. He dispensed with the organization’s exhaustive, legalistic process entirely and meted out summary judgement. He transformed the NCAA into something it has seldom, if ever, been: proactive and timely.
There were compelling reasons to back away, namely a nebulous at best pretext for intervention, but not acting in the most blatant and egregious incident of college football corruption would undercut what little shred of authority the NCAA had remaining in other situations. The NCAA’s authority rests on the perception of its authority. The loss of prestige might have been irrecoverable.
Once the decision to intervene was made, the NCAA could not moderate the intervention. It had to be severe enough to “change the football culture.” The punishment had to be beyond comparison to far less egregious NCAA violations. It had to avoid the perception of quantifying the facilitation of child rape in scholarships and missed TicketCity Bowl trips.
The NCAA did not take the bold (and messy) step of shutting down the program, though the competitive sanctions should do so in all but name. Penn State fans will have the laundry to root for, but that is about it. The Nittany Lions won’t be eligible to compete for the next four years. They won’t be capable of competing for far longer. The staggering $60 million fine blunts calls for more severity. The vacated wins, as always, are pointless and asinine.
Penn State’s football culture will change, if only because fixating on the sport for the next decade will be depressing. That probably will be edifying for a school and community in clear need of it. The punishment and the manner of its delivery, though, still carry the whiff of catering to the prevailing wind and charging triumphantly into an already razed village to plow salt into the fields. The true work has been and is being done and this distracts from it. The NCAA piled on, largely because it can right now with impunity.
Stern lectures on the perils of placing too strong a priority on college football success are needed, though there is certain irony in the men signing billion-dollar TV deals, earning seven-figure salaries and flitting about the country in chartered planes being the ones to deliver them.
Emmert’s decision, though approved by NCAA’s member institutions through the executive committee, creates a disturbing precedent. Was disavowing its own rules a one time response to extreme moral turpitude or a template for future NCAA action? Culture was the justification, but it is hard to find a major college football or basketball program in the country that does not have a warped athletic “culture.” Will schools such as Miami now be subject to summary judgement? Will such a cursory pretext for intervention hold up in amoral contexts?
Hammering Penn State showed the NCAA can act, but doing so without firm justification reaffirmed how flawed and ineffectual the NCAA truely is.
[Photo via Getty]

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68 Responses to “Mark Emmert Brought Down Penn State, But Left Disturbing Precedent for NCAA”
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July 23rd, 2012 at 2:26 PM
it was a one time response and a notice to other schools this could happen to them.
July 23rd, 2012 at 2:27 PM
Those are two contradictory things.
July 23rd, 2012 at 2:27 PM
though it is not clear there was a right decision.
Your boss disagrees.
/SHUT THEM DOWN!
July 23rd, 2012 at 2:28 PM
A new standard has been established.
You bring up another good point: who’s next? Before Sandusky, we wouldn’t imagine this heinous event, much like we can’t imagine what the next event might be that generates this level of punishment.
July 23rd, 2012 at 2:31 PM
You bring up another good point: who’s next? Before Sandusky, we wouldn’t imagine this heinous event, much like we can’t imagine what the next event might be that generates this level of punishment.
I have it on good word that Gary Pinkle has carnal relations with juvenile goats. Talk about a grey area for the NCAA now.
July 23rd, 2012 at 2:31 PM
Rick Nash to the Rangers.
July 23rd, 2012 at 2:31 PM
All that matters is that the NCAA and Sports by Brooks feel awesome about themselves. That’s what justice is.
July 23rd, 2012 at 2:32 PM
This was an unprecedented case. Unprecedented cases have unprecedented judgements. Nothing in the history of college sports can compare to this and to say that this is disturbing for future cases is asinine. Using this judgement as an affirmation of the NCAA as an organization’s ineffectiveness is liken to Climate Change deniers using a cold day in July to affirm their stance.
July 23rd, 2012 at 2:32 PM
Just so so many ways this can fail.
July 23rd, 2012 at 2:32 PM
dempster to the braves
/yardwozzzzzzzzz
July 23rd, 2012 at 2:32 PM
Let me ask a question: should the NCAA have stepped in and shut down UVA Lacrosse when that kid killed his girlfriend? There was evidence that he was abusive and had a drinking problem for a while leading up to that.
July 23rd, 2012 at 2:32 PM
meant to expand, it won’t be customary punishment and it will always be on the table if the conditions merit it.
July 23rd, 2012 at 2:33 PM
The only way to set things right would be for the NCAA to quietly drop its investigation into infractions by the University of Miami. Then the healing can begin in full
July 23rd, 2012 at 2:34 PM
Athletic culture? That doesn’t mean anything. It’s a figment of the current reactionary press trying to point the finger at college athletics.
And didn’t Penn State essentially have to agree to the terms of the punishment handed down by the NCAA? As in they haven’t yet and will not object to them? Hard to call something a unilateral punishment when the guilty involved have signed off on it.
July 23rd, 2012 at 2:34 PM
Toasters, now underage goats. What’s next?
July 23rd, 2012 at 2:34 PM
In every other case I would agree. But not this time.
July 23rd, 2012 at 2:35 PM
Did the coach try to cover it up? If so, as in the case of Baylor, then yes.
July 23rd, 2012 at 2:35 PM
NCAA Charter should have a clause at the end that reads “rules may be discarded when lots of people are really, really mad”.
July 23rd, 2012 at 2:35 PM
The vacated wins, as always, are pointless and asinine.
Not to Joe Pa! Oh wait he’s dead? Hmmm. Well that statue of him will live forever! Wait they took that down?
/heads to library
July 23rd, 2012 at 2:35 PM
Curious to see if Krieder, McDonaugh, Hagelin involved. Probably overrated players and prospects instead.
July 23rd, 2012 at 2:36 PM
Awesome. The Rangers will gut some of their depth for a guy who’s never played meaningful hockey. I’m good with this trade.
/buys Shea Weber jersey
July 23rd, 2012 at 2:36 PM
This was an unprecedented case. Unprecedented cases have unprecedented judgements. Nothing in the history of college sports can compare to this and to say that this is disturbing for future cases is asinine. Using this judgement as an affirmation of the NCAA as an organization’s ineffectiveness is liken to Climate Change deniers using a cold day in July to affirm their stance.
Solution? Build a bigger air conditioner
July 23rd, 2012 at 2:37 PM
All that matters is that the NCAA and Sports by Brooks feel awesome about themselves.
I’m not on Twitter much, but holy shit. When I am, that guy is constantly holier than thou in his tweets. I’d block him, but it is kind of funny when you see someone take themselves entirely too seriously.
July 23rd, 2012 at 2:37 PM
…and then eventually the gorillas will freeze to death.
July 23rd, 2012 at 2:38 PM
Who was the observant TBLer that made fun of SbB’s layout on twitter yesterday? He linked to that headache inducing page 2 more times after that
July 23rd, 2012 at 2:39 PM
I’ve never followed him and I still blocked him.
July 23rd, 2012 at 2:39 PM
Being arguably the best player on the ice in the 2010 olympics is pretty meaningful.
Nash-Richards-Gaborik = sick
July 23rd, 2012 at 2:40 PM
Somebody posted this in one of the other Penn State threads and I can’t stop watching it. Sandusky sighting at 1:14
July 23rd, 2012 at 2:40 PM
Did the coach try to cover it up? If so, as in the case of Baylor, then yes.
At Baylor, he was worried about the NCAA infractions that he was committing becoming known. At Penn State and UVA, there was a criminal case that had a connection to sports.
July 23rd, 2012 at 2:42 PM
I’m still amazed by this line of thought.
July 23rd, 2012 at 2:44 PM
“Truly” does not have an “e” in it.
July 23rd, 2012 at 2:44 PM
/Carthage’d
Remember how the 2000 Bush/Gore ruling by the Supreme Court stated that the ruling was specific to that case alone? Yeah, same thing here.
July 23rd, 2012 at 2:44 PM
The NCAA punished Baylor not because of the murder but because of all the shady shit that was going on there that the aftermath of the murder happened to reveal. Namely the coach was paying part of Dennehy’s tuition (among other players), and pretty much lying to the NCAA over a period of time. The UVa lacrosse murder seemed to be the case of a spurned ex-lover, should not have been touched by the NCAA. That they were both NCAA D-1 athletes made it newsworthy but was not central to the crime itself.
July 23rd, 2012 at 2:45 PM
Retarded. If the culture of PSU football was not a motive for those four cunts silence what was? Why did they do nothing? It was too icky to talk out loud about?
/Hangs up and listens
July 23rd, 2012 at 2:46 PM
My line of thought? Or the line of thought I’m describing. If it’s the latter, I’m obviously in total agreement with you.
July 23rd, 2012 at 2:47 PM
I refuse to accept the validity of any Olympic tournament where the Gold Medal is decided by a game that Ryan Miller is playing in.
July 23rd, 2012 at 2:49 PM
Jesus CHRIST Scott Howson is an idiot.
July 23rd, 2012 at 2:50 PM
Dubinsky, Anisimov, Erixon and a 1st.
Fire Scott Howson.
July 23rd, 2012 at 2:51 PM
correct. but, “truely” does have an “e” in it…as does “truley.”
July 23rd, 2012 at 2:52 PM
Truley, madley, deepley.
July 23rd, 2012 at 2:52 PM
If we take your word for it, and the line of thinking that the athletic culture of PSU is partly to blame, then we can say most college football and major college basketball teams, and all pro teams, and all major corporations, and schools, and prestigious departments within those schools, and political entities, and politicians, etc. etc. etc. have the same or similar power structure setup and therefore are to blame when nobody shouts wolf…and if everyone of these is potentially to blame, none of them are, as in any of these structures it still takes individuals making rational decisions to overcome their retarded fear of consequence for whatever institution they belong to. I have no problem saying that, had something similar happened at the Univ of Alabama, for example, where football dominates, there would have been no coverup, there would have been no more victims after a shower incident. Meaning this situation IS unique to Penn State, but only because of the specific people involved, and not because of some ulterior “culture.”
July 23rd, 2012 at 2:53 PM
Retarded. If the culture of PSU football was not a motive for those four cunts silence what was? Why did they do nothing? It was too icky to talk out loud about?
/Hangs up and listens
Graham Spanier keeping the BoT out of his feifdom. Dude ran a university with a $4B operating budget with no board oversight. Annual fundraising revenue was 3x football revenue. This guy is a CEO, who didn’t want to answer to anyone, and thought he could put a lid on it. Just like Paterno had his supporters, Spanier had as many if not more. Everyone thinks that because football was the face of the university that’s all there is, but believe me, Spanier had amassed a ton of power, authority and autonomy in his time there and didn’t want to give it up.
This was an absolute failure of leadership. But it didn’t happen because of football, even though it involved the football program.
July 23rd, 2012 at 2:53 PM
No way Howson keeps his job after this one. Can’t happen.
July 23rd, 2012 at 2:53 PM
Dempster to the Braves. I support this. I don’t like losing Delgado but we had to have another dependable starter. I hope we cut Jair Jurrjens loose next. Or something. He’s awful.
July 23rd, 2012 at 2:54 PM
Horney, woodey, erectioney
July 23rd, 2012 at 2:55 PM
Still find it, ahem, jarring, that this guy isn’t white.
July 23rd, 2012 at 2:55 PM
Yardwork?
Thank goodness there’s finally trades…and hopefully a $144mil contract coming Hamels way.
July 23rd, 2012 at 2:56 PM
No one tried to cover up the murder at UVA.
July 23rd, 2012 at 2:59 PM
There is a line here. First “football is king” is an attitude that pervades MANY schools. This is evident by the recruiting violations, minimalist punishments, asinine courses of study to keep players eligible, etc. all in an effort to stay relevant in the bowl picture and keep asses in the seats. This was not any more endemic to PSU than other places, in fact maybe less so.
The culture that was the issue at hand was the non-traditional relationship Joe had with the school. On top of running the football program, he was one of the school’s biggest donors and fundraisers. Further, he was an absolutely stubborn son of a bitch. That’s why Curley/Spanier couldn’t fire him in the 2000′s, and at least part of (likely oversimplifying) the reason why nothing was done relative to Sandusky. The fact that Spanier and the other 2 idiots let a 70 something old man try to mete out punishment and determine the course of action to deal with Sandusky is heinous.
July 23rd, 2012 at 3:00 PM
Probably from the Yankees after the Phils trade hamels to NY
July 23rd, 2012 at 3:02 PM
Mark Emmert thinks he’s Roger Goodell.
July 23rd, 2012 at 3:04 PM
Phillies will gladly take Mason Williams, Dante Bichette Jr & Gary Sanchez.
July 23rd, 2012 at 3:06 PM
I’m a bit confused by this “Penn State culture” being tossed around. I put up with a lot of shitty football (and basketball) under the guise of “doing it the right way.” In other words, most of us were ok with losing a few games as long as we “did it the right way.”
Just because 4 jackoffs decided to not do it the right way, doesn’t mean that we were all crazed lunatics who were willing to put up with a little pedo for a few extra wins.
Roeth is right in the only way it was unique was that we let a stubborn 80 year old who didnt know what email act as CEO.
July 23rd, 2012 at 3:06 PM
Some days I do wake up as a communist.
July 23rd, 2012 at 3:11 PM
TBL pretty much every day up until now: pitchfork in hand, “SHUT DOWN THE UNIVERSITY!”
TBL today: pensive look on face, “Have we gone too far?”
Shut up.
July 23rd, 2012 at 3:11 PM
Excellent job, duffy. I particularly enjoyed this:
Where is 46yearslump? I want to point him to this post, in response to our exchange earlier.
July 23rd, 2012 at 3:12 PM
In all fairness, this is duffy, and he’s been very consistent.
TBL wrote the knee-jerk reaction post immediately after the news broke this morning.
July 23rd, 2012 at 3:15 PM
Rangers top 6 is pretty sick
Hagelin-Richards-Gaborik
Krieder-Callahan-Nash
July 23rd, 2012 at 3:46 PM
I’d look in the direction of Montana (sexual assaults be football players; coverup by coaches and university) and Notre Dame (same; university justice system is a joke) as being teh next target for NCAA look-ins. It’s easy to mete out justice in this case, but sexual assaults by football players being covered-up, not inviestigated, or not resulting in serious discipline is an epidiemic resulting from a football-on-a-pedestal culture.
July 23rd, 2012 at 4:21 PM
When I see a mob moving in one direction, with torches ablaze, my instinct is to step back…….
Let’s see. If a graduate assistant in the Sociology dept. reported to the department head that he had witnessed a sexual assault by a former employee of the college in the sociology department bathroom the day before; and the department head passed that information on to the dean; and the dean told the college president; and they all took no action;
and NO ONE did anything to discourage or prevent the actual witness from reporting what he had seen to the police…
(a) would they accuse the department head or the dean or the president of “concealing” or “covering up’ a crime?
(b) if the graduate assistant told someone else, say, his father or his barber, what he had seen, and they did not call the police, are they guilty of “concealing” or “covering up” the crime?
(c) should the college be fined $60 million dollars and the Sociology department destroyed?
There is no law in Pennsylvania (or most other states) that requires a college administator to report a crime, including a sexual assault, that does not involve a student of the college. Those states that do have mandatory reporting laws usually provide a civil (not criminal) penalty of $5000 to $10,000 for failing to make a required report. How can a college be fined $60 million for violating a non-existent law, when the fines for violating such laws, where they exist, are not 1/1000th that amount?
July 23rd, 2012 at 4:33 PM
Toasters, now underage goats. What’s next?
Aren’t horses and donkeys often mentioned as slippery slope fodder?
July 23rd, 2012 at 4:52 PM
Vernon, they weren’t civilly or criminally penalized (yet). Penn State agreed with and adopted the Freeh Report in its entirety and approved of the organization to which it is a voluntary member, the NCAA, bringing sanctions against the university based on those findings. And the NCAA did the banning and the fining, etc,. with the Big 10 throwing a cherry on top.
You may disagree with lots of what has gone on, but this happened outside the justice system and civil/criminal law are not part of the process.
Also, the Penn State Board of Trustees can always vote to disassociate themselves from the NCAA, but that would be worse than what the NCA has brought down.
July 23rd, 2012 at 4:53 PM
My response to this post would be the following:
Did the NCAA pile on here? Maybe. Did PSU deserve to get piled on? Absolutely.
If this punishment was so out of line, why did PSU sign off so quickly on it while giving up their right to due process? Because they know it’s better than the death penalty, and they also know more facts than were contained in the Freeh report that will surface during the criminal trials. You think the facts are ugly now, wait until they have to deal with subpoena power. Anyone arguing the harshness of the penalties now are either directly tied to PSU somehow, is are taking the contrarian arguement for the sake of taking it. And Duffy does it better than anyone. It’s a good post, but even the NCAA was smart enough to know that they had to do something harsh, and do it quickly. Maybe it was too much in some peoples opinions (not mine), but they had to err on the side of harsh if only for public relations reasons.
July 23rd, 2012 at 4:55 PM
This is the part that bothers me.
July 23rd, 2012 at 5:01 PM
Watching more PSU coverage on ESPN with Wendi Nix. They need to have more close-ups of her. I love her.
/sorry, off topic.
July 23rd, 2012 at 5:03 PM
If wanting to see an institution that harbored a child rapist suffer some severe consequences means that I’m part of a “mob”, then consider me a “made guy”.
The NCAA had every right to step in and punish one of it’s members for the ultimate violation of Bylaw 10.1, which is the rather broad (intentionally) unethical conduct bylaw.
July 23rd, 2012 at 5:04 PM
But does it bother you more than the raping?
July 23rd, 2012 at 5:05 PM
One last comment before I leave for the day.
It wasn’t the institution. It was a handful of people, as I said earlier, who are all either dead, in jail, or soon to be in jail.