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.

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