Penn State’s Board of Trustees is Questioning President’s Authority to Accept NCAA Sanctions
The Penn State Board of Trustees will meet to determine whether president Randy Erickson had the authority to accept sanctions the NCAA imposed on Penn State without consulting the Board of Trustees. Standing Order IV of Penn State’s BOT agreement requires the president to obtain BOT approval for legal documents.
According to provision 2-e of Standing Order IV, the following actions must be approved by the Board: Authorization to borrow money; authorization of persons to sign checks, contracts, legal documents, and other obligations, and to endorse, sell or assign securities.
Presumably agreements that would require tens of millions in direct costs and potentially hundreds of millions in direct costs would fall under that category.
This probably could have been avoided had the NCAA used some expedited form of its normal due process and not used specious presidential powers to bully Penn State into accepting a smackdown. Considering that disturbing precedent, the NCAA is already looking at rules to limit that power. NCAA actions have made this definitively a football issue.
[Photo via Getty]

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78 Responses to “Penn State’s Board of Trustees is Questioning President’s Authority to Accept NCAA Sanctions”
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July 25th, 2012 at 5:13 PM
This should end well.
July 25th, 2012 at 5:15 PM
not a football issue.
July 25th, 2012 at 5:17 PM
SHURT ER DEHRN
July 25th, 2012 at 5:19 PM
I understand why the NCAA felt like it had to get involved, but you can’t just completely disregard the process. Nothing had to be decided this quickly, regardless of external pressure.
July 25th, 2012 at 5:21 PM
And the pile of shit keeps getting bigger.
July 25th, 2012 at 5:23 PM
NCAA actions have made this definitively a football issue.
The ex FOOTBALL coach raped a kid in the shower and was caught by a FOOTBALL staffer. It has been proven that the head FOOTBALL coach covered up and didn’t do anything about other allegations because of FOOTBALL. But you are right this wasn’t about football at all.
July 25th, 2012 at 5:24 PM
Now I’m going to have to go back and find some Agency law stuff. No express authority, did Erickson have implied authority to bind Penn State so agreement valid? Did NCAA have reason to know protocol wasn’t followed?
If that consent agreement isn’t binding, man. It will be a gigantic pile of mess.
July 25th, 2012 at 5:27 PM
So the Olympics have started…. Speaking of which, why do matches take place before the “opening ceremonies” do?
July 25th, 2012 at 5:28 PM
Speaking of which, why do matches take place before the “opening ceremonies” do?
Because soccer doesn’t count.
July 25th, 2012 at 5:31 PM
Jensen, I think the point is that it is bigger than football. And to continually make it a football-specific issue by the media (ahem) and only speak on that side of the issue does a horrible disservice to the victims of this horrible situation. It involved football, but impacts much more.
July 25th, 2012 at 5:33 PM
Soccer doesn’t count, but equestrian events do? Or golf? Gtfo.
July 25th, 2012 at 5:34 PM
The whole thing was about concentrated power. Something Jim Delany and Mark Emmert decry as they try to concentrate more power for themselves.
July 25th, 2012 at 5:35 PM
I don’t think 90 % of the events in the Olympics should even take place. That’s why I watch very little of it.
July 25th, 2012 at 5:35 PM
Golf’s not an Olympic sport although this year would have been the time to do it since everyone was already there for the Open
July 25th, 2012 at 5:44 PM
I don’t think 90 % of the events in the Olympics should even take place. That’s why I watch very little of it.
So you would make the Olympics like 4 events? If you don’t watch, what difference does it make.
July 25th, 2012 at 5:44 PM
True, most olympic sports are a joke, but many have history that must be honored. And for golf, not sure where I saw that on the list but thought it seemed weird. Assumed it was an altered amateur stroke play event or something.
July 25th, 2012 at 5:44 PM
How I read this
July 25th, 2012 at 5:46 PM
Dammit, let’s try it again:
How I read this
July 25th, 2012 at 5:48 PM
So you would make the Olympics like 4 events? If you don’t watch, what difference does it make.
I don’t watch so it doesn’t make a difference. They can make it how many or how few ever events they’d like. I’m still entitled to think that the majority of them are retarded.
July 25th, 2012 at 5:51 PM
I don’t watch so it doesn’t make a difference. They can make it how many or how few ever events they’d like. I’m still entitled to think that the majority of them are retarded.
Fair point. Race walking isn’t your thing?
July 25th, 2012 at 5:52 PM
Race walking isn’t your thing?
Only when I really need to go to the bathroom.
July 25th, 2012 at 5:53 PM
Man, discovery channel has become MTV for retards that want to pretend they are ‘nerds’ or ‘geeks’ for science.
July 25th, 2012 at 5:55 PM
Man, discovery channel has become MTV for retards that want to pretend they are ‘nerds’ or ‘geeks’ for science.
Who would want to do that.
July 25th, 2012 at 5:57 PM
That caption makes me laugh heartily. I hope that was intentional but I don’t think it was
July 25th, 2012 at 5:58 PM
And I’ll say this about my Olympic viewing. There is a few events I’ll watch if I happen to catch them on, but I’m not setting the DVR or clearing my schedule. That shows how much I really care. In fact, I think this is the most I’ve ever talked about the Olympics, and that’s not very much. I’ll just shut my mouth next time.
July 25th, 2012 at 5:58 PM
I read this at first as an event in which people of different races compete against each other by walking
July 25th, 2012 at 6:01 PM
Nerd is a popular wannabe title these days… Don’t ask me why, just that I know it’s true.
And what the hell is race walking?
July 25th, 2012 at 6:02 PM
That’s what it looks like when I walk downtown or around the lake. I never win, though. Seems like all the Caucasians walk a bit faster…lol
July 25th, 2012 at 6:02 PM
And what the hell is race walking?
That’s when you clinch your cheeks and hope you make it to the shitter in time.
July 25th, 2012 at 6:03 PM
Seems like all the Caucasians walk a bit faster…lol
Must see you barreling towards them.
July 25th, 2012 at 6:05 PM
I believe Erickson’s actions may be the perfect definition of irony considering it was similar undisclosed to the BOT actions that got Spanier in some hot water too. Mindblowingly stupid on Erickson’s part. I’d like to see the thought process on this one.
“Hmmm. My school will have to pay $60M and face a huge budget cut in football and loss of revenue that will have to be made up somehow. I won’t consult the people I report to on this one. I will just sign us right up for it.”
The only winners here are the lawyers.
July 25th, 2012 at 6:07 PM
Limping is more like it. Ya would think by now they’d know…
July 25th, 2012 at 6:08 PM
Race walkers are the silliest looking athletes
July 25th, 2012 at 6:08 PM
That’s what it looks like when I walk downtown or around the lake. I never win, though. Seems like all the Caucasians walk a bit faster…lol
They probably had a head start.
July 25th, 2012 at 6:11 PM
I am one of the slowest walkers on the planet. Around 200lbs so it’s not because I’m obese either.
I’m either running or moving at just above a glacial pace.
July 25th, 2012 at 6:14 PM
I walk pretty quickly, but on stairs I am probably the slowest human being in the world. I am constantly worried that I’m going to plant on a step wrong and go tumbling and brain myself on the railing or something. So I take my time.
July 25th, 2012 at 6:17 PM
Heh. Deeper response than most would realize.
July 25th, 2012 at 6:18 PM
Around 200lbs so it’s not because I’m obese either.
That seems pretty hefty for a man of your height
July 25th, 2012 at 7:03 PM
golf’s an olympic sport in 2016…it’ll be great for the game.
July 25th, 2012 at 7:51 PM
I run about 20-25 miles a week and my feet never hurt, in fact, my body is rarely sore, I usually just get bored as shit. I get angry bored, too, like I become mean and hateful that I’m so bored and that I was stupid enough to start running. Anyway, a few weeks ago we were doing the last 13 miler before an actual half marathon but as I was running, I jarred some shit loose or something because I desperately needed to poop. It was so bad that I couldn’t run so I did that speed walking thing for two miles to the john. What was funny was that I actually tore my feet up. I got blisters on them and my calf’s were sore as hell. I found that weird. Decided to share.
July 25th, 2012 at 7:57 PM
that was a fucking awesome story.
i could not have said why i stopped running any better.
July 25th, 2012 at 8:44 PM
I always say that I wish I could just go to sleep when I run so it’ll be over with. I used to be really fat, dropped 200 pounds, so I can’t really quit since I’m trying to outrun my fat self. I get mad about that, too. “You had to get all fucking fat, you asshole, now here you are running around like a fucking moron!” Then I look at my girlfriend and fucking hate her, too, with all her motivation and positive reinforcement…bitch. Other runners will say “hi” to me and it takes all I have not to tackle them and punch them until they retract their kindness. I feel like a bad person when I run. Oh well, beer usually fixes that – hoooray beer!
July 25th, 2012 at 9:05 PM
This made me chuckle. Nothing like a good inner monologue of anger.
July 25th, 2012 at 9:19 PM
I gotta try that sometime.
July 25th, 2012 at 9:28 PM
Hey SROD, you remember the other day when I was telling you guys how ridiculously slow it’s been at work these past few weeks?
July 25th, 2012 at 9:35 PM
monster, yeah I do. Have things changed for the better?
July 25th, 2012 at 9:42 PM
Absolutely not. I looked at my tracker today to see how bad it’s been. I realized that for the entire month of July, I’ve done the equivalent of 4 days worth of work. Maybe 5 if you stretch it.
July 25th, 2012 at 9:52 PM
(sorry. got a smoke detector that won’t stop beeping. Troubleshooting hasn’t solved it yet.)
Sounds tough, your work situation. Do you mind if I ask some sensitive/maybe personal questions?
July 25th, 2012 at 9:55 PM
Smoke detector’s are annoying as shit. Not going to lie when the batteries gave out on mine I never bothered to replace them. I really should. Shoot for it on the questions.
July 25th, 2012 at 10:00 PM
The last smoke detector I had beeping from the battery I took down and removed the battery without replacing it. Didn’t think about it much, then one day noticed that I had a smoke detector back up. Landlord replaced the entire thing without noticing the other smoke detector on the table below it.
But, anyway, that was a good way to troubleshoot a fuckin’ smoke detector.
July 25th, 2012 at 10:01 PM
1 – is your company making noise about “right-sizing”? Is your work section on stable footing? How’s your company’s standing in its’ industry?
2 – how are your performance reports?
3 – how’s your work relationship with your direct superior? How about a possible relationship with his/her boss?
4 – do your skills translate to either other job descriptions in your company or industry? Are you in a highly-specialized job that isn’t found everywhere? Is your set of duties seasonally-influenced?
Even with the 4th as a holiday, only doing the equivalent of 5 days work in the last 3+ weeks sounds like something to at least investigate.
July 25th, 2012 at 10:02 PM
joboo, I need to consider your advice. Replacing the battery didn’t solve the intermittent beeping. Seems to have stopped for 3 or so minutes now, but I don’t know if that is a permanent thing.
July 25th, 2012 at 10:06 PM
1-you mean downsizing? the client that hired the company I work for knows we don’t have much work coming in and know we are over-staffed, but it’s based on a contract. They already paid the money, so until the contract runs our next year, they don’t care.
2-I meet all my quality scores/goals.
3-About as good as can be. Not friends, as shouldn’t be, but able to get along. As for her boss, the main boss, typical good standing. No incidents or issues.
4-Definitely not highly specialized. Customer Service emails for a coffee company, asides from a few weeks of training on the systems and procedures, nothing in depth or brain draining.
My workload, or lack thereof, this month isn’t due to poor work ethic or laziness on mine or anybody else’s part. There just isn’t any work.
July 25th, 2012 at 10:06 PM
PSU FOF – Full of fail
July 25th, 2012 at 10:13 PM
monster, in no way did I mean to point the finger at you. I survived a few Reductions-In-Force while in the USAF, so I have seen high-quality folk let go from jobs too many times.
My last station (HQ Air Force Space Command) is highly contractor-dependent. There is a bit of security in a contract, but there is also that small, nagging voice that whispers “within the bounds of the contract, changes can be made”.
Reason I asked those questions is I wondered if your company was committed to keeping you through the lean times. I never want to see anyone lose a job due to upper management bottom-line-first decisions, but they do happen.
Do you think you want to do something different, either within your company or in a different line of work?
July 25th, 2012 at 10:18 PM
I’ve been keeping my eyes peeled for something else. I only took this job as a stepping stone from when I got laid off in December. Figured I’d be here a month, 2 months max and find something better. Going on 7 months now. I think that’s my problem, I still don’t know what I want to do for the rest of my life. I do enjoy doing all different phases of construction, which is what I did before. It just seems in that line of work no matter the company it’s always up and down. You have work, you don’t have work. Gets old constantly bouncing around, so I need to figure something out.
July 25th, 2012 at 10:30 PM
My daughter’s boyfriend worked in construction for a while, and had similar experiences. He got on with the local utility company (his dad has been there for a while, and helped open a door for him).
For him, my son, you and any other guy, the advice is the same – talk to a trusted adviser about what interests you. You’ve heard it before; that networking stuff does work.
These days, the average person changes jobs six or seven times in a work life. You don’t have to box yourself in the “rest of my life” box, but we all want that combination of job satisfaction and decent pay.
Where’s your passion? When you have a day off, what do you think of first? If you were independently wealthy & could do whatever you want to stay active, what would you choose?
For me (and me alone), I really enjoy working with folk who are struggling. The poor, the “ugly”, the homeless, kids with no direction. I’ve never been homeless, but I’ve been poor/I’ve been rejected.
I can relate to those whom society has disregarded and overlooked. Even in those times, some folk have given me a helping hand. On some level, I wanna pass on those lessons to others.
That’s my choice. For you, that passion may be something else. Cool part is, you get to decide.
July 25th, 2012 at 10:39 PM
Yea. My passion lies in the outdoors, not a tree hugger, but the outdoor sports. I’m not a full blown mechanic, can’t rebuild complete motors or transmissions, but I like working on vehicles. It’s hard to say what I’d like to apply when it comes to a career though. That’s why I’m at where I’m at. Undecided.
July 25th, 2012 at 10:46 PM
You got choices. Dare I say, you have “options”…lol
How soon do you wanna make that decision? Is there something that may force your hand (to actually need a job with more pay sooner)?
July 25th, 2012 at 10:51 PM
Could always use more pay. I’d like to make that decision now, but when you don’t have enough experience in any one field to pretty much demand a job, it’s kinda hard. Seems like you have to suck it up and take what you can get.
July 25th, 2012 at 10:56 PM
Experience helps, but being a good fit/team player means a lot also. Your skills can be a benefit to many organizations. Keep hunting; something will turn. I can’t say when, but it will be worthwhile when it happens.
July 25th, 2012 at 10:58 PM
I also forgot to add in there that you sound like a real stand up guy. Definitely admirable. Much respect.
July 25th, 2012 at 10:59 PM
Working with kids and the less fortunate.
July 25th, 2012 at 11:02 PM
monster, you’re kind. Thank you.
Please understand that despite my screw-ups over the years, all sorts of folk have been willing to share with me the stuff I share with you.
You already know that stuff. Sometimes, a man just needs to hear it again. Sometimes, a reminder can be the boost that keeps you going just a bit longer.
Keep fighting the good fight, man.
July 25th, 2012 at 11:13 PM
Monster, how much “networking” do you do with family, friends, and people you end up around? I mean like asking a question related to their job/career, mentioning what you are good at, etc?
I have a bunch of friends who ended up getting jobs that weren’t really in their realm just from, for example, someone else’s dad that needed to fill a spot and they happened to be in the right conversation. And recently I knew a guy who needed someone to do some part-time business work and later that day the bartender at buffalo wild wings told me he was looking and he ended up getting that job.
July 25th, 2012 at 11:22 PM
I guess a good bit. At least in the sense I put the word out any chance I get. My friends all know I’m looking for a move, and they’ll let me know if they hear anything. My Mom isn’t much help because mostly everyone she knows does the same kind of work she does, which I have no desire in doing. One of her friend’s husband offered me a job, he just couldn’t promise me steady hours.
July 25th, 2012 at 11:29 PM
That’s good to hear. I have a cousin who’s been doing a job for four years that he’s way overqualified for but never tries to look for anything else.
It’s amazing how many people, including myself, who have landed a job just from knowing someone as opposed to just applying and getting lucky by going in cold.
July 25th, 2012 at 11:31 PM
I actually have worked at a job for nine years after replacing a teacher who got canned for messing around/dating a student. My brother worked in the same place and told them I was available the very next day and I ended up officially replacing him.
July 25th, 2012 at 11:36 PM
Same for me. In ’99, I got hired based on a neighbor needing help & seeing me during his lunch break. Twelve years and two promotions later, it worked out pretty well.
July 25th, 2012 at 11:46 PM
mentioned i’m staying with the in-laws for a few weeks. the dad’s a big Fox News, NRA guy. How pissed will he be after seeing The Daily Show and some MSNBC shows recorded on his TV night after night?
July 25th, 2012 at 11:56 PM
I’m not in the NRA but I am an avid gun supporter. I love my hunting.
July 26th, 2012 at 12:03 AM
And about that job offer I had I just couldn’t take it. Getting 50 or more hours some weeks, hardly any the next and 1-2 week stretches with no work just isn’t going to happen. As much as I don’t like my job now, it’s steady. And I like that at least.
July 26th, 2012 at 12:11 AM
I have a solution:
SROD unretires…MisM calls Tom Cruise and gets that machine from MI3: the”mask maker”…BOOM you’re in the Air Force
/you’re welcome
July 26th, 2012 at 12:16 AM
Anyone ever had a 2-pound burger? Have to eat that and a pound of fries and it it’s free but $30 if not finished in 45 minutes.
Trying to decide if I should do this while on vacation next week.
July 26th, 2012 at 12:21 AM
Anyone ever had a 2-pound burger? Have to eat that and a pound of fries and it it’s free but $30 if not finished in 45 minutes.
Trying to decide if I should do this while on vacation next week.
I thought you were going to Greece!?!?!?
July 26th, 2012 at 12:23 AM
I faintly remember some other commenter that was maybe going there, but I don’t remember who. My vacation would be less exciting…to Lake Geneva, WI. Hence the burger has five slices of cheese on it.
July 26th, 2012 at 12:23 AM
The board of trustees still don’t get the big picture. What a bunch of idiots.
July 26th, 2012 at 7:12 AM
You’d be the ugliest O-6 in the Air Force, and you gotta pass a fitness test (my pot belly killed me on the last one), but it’s possible.
How do you feel about Qatar? Afghanistan? The Pentagon?