What I think that the PSU sanctions should have been
Before I begin:
These are my opinions. I don't claim to be right. I just claim to think that I'm right. Obviously you are free to disagree and post your disagreements. I'm actually eager to hear what you have to say. I just ask that you be respectful and keep the discussion civil.
MY NCAA SANCTIONS:
PRELIMINARY MATTER:
*I would have given PSU the option of using their report or conducting my own investigation, for better or worse. If I administered the investigation, it would be neutral and its purpose would be to discover what happened, why it happened, how the events could have been prevented, how the problem can be fixed, and how it affects NCAA athletics. Obviously I do not know how my investigation would have gone, so I cannot say what my penalty would have been. However, I can say that PSU would have been fined to cover some of the necessary and reasonable costs associated with the investigation, but other than that, it would not have necessarily been worse.
*If PSU would have opted to use the Freeh report, my penalties would have been as follows:
This is a little complicated, but there would be a base sanction and then a chance to get sanctions reduced for good behavior.
*BASE PUNISHMENT:
**5 year death penalty
**Current players are free to either transfer without penalty, or stay at PSU, which would have to honor any existing scholarships (despite not having a reciprocal athletic commitment) for what their remaining NCAA eligibility would have been (including a redshirt year), until their graduation.
**Wins would have been erased from the time of the first known instance of sexual abuse where a PSU employee other than Sandusky either knew, or should have known of the conduct, until the school had a good faith intent to cooperate with authorities and made an overt act in continuance of that intent. Obviously this is up for debate, so I would have conducted a mini investigation and had a mini trial where PSU would have gotten a chance to make their case before a neutral 3rd party (i.e. an arbitrator). The standard of evidence for both proof that PSU should have known and that PSU had a good faith intent to cooperate with authorities and made an overt act in furtherance of their intent would have been "a preponderance of likelihood."
*GOOD BEHAVIOR:
**I would reduce it to a 4 year penalty and a scholarship reduction for the first year to 50 scholarships.
**Good behavior consists of a "good faith effort to fix the systemic forces associated that created the dangerous and unsafe environment highlighted by Mr. Sandusky's actions."
***Prima facie evidence of a good faith effort would be compliance with either the recommendations of the Freeh report, or compliance with NCAA recommendations which would be generated for free from the NCAA at the request of PSU.
*INCREASED GOOD BEHAVIOR:
**The death penalty would have remained at 4 years (same as basic good behavior), but there would be no scholarship reductions during that 5th year.
***"Increased good behavior" consists of good behavior, plus a $20 million increase in donations for the purpose of helping abused children and preventing future abuse. the money would be spend in 3 tiers of decreasing intensity. Tier 1 (the most intense) would be Centre County, Tier 2 would be the state of Pennsylvania, and Tier 3 would be the United States in general. PSU would be free to determine the allocation between the tiers, but it would have to do so in good faith, and all 3 tiers would have to receive reasonable funding.
***Not only could the money be spent on existing/future school programs, but that would be actively encouraged by the NCAA (in the form of verbal encouragement). In fact, I would even allow PSU to pay and employ PSU student as interns in their programs, so long as payment was industry custom for that industry. However, the money could not represent donations straight from independent parties (i.e. alumni clubs), current/planned/reasonably predictable future allocations, or court fees/settlement to victims. Direct payments from 3rd parties in PSU's name and previously planned payments don't add anything new, and court costs/settlement fees is a whole different can of worms that is outside the NCAA's prevue.
WHY I CHOSE WHAT I DID:
*I think that PSU has two problems: 1) rotten apples, and systemic, environmental problems that corrupted those in charge and will continue to corrupt good people. I think that the "rotten apples" problem is solved by the termination of those in charge, which is a PR necessity, and thus it is not necessary for the NCAA to intervene. However, I think that the systemic powers are outside of PSU's ability to change on its own, and I think that they will corrupt to next batch of PSU leaders, given enough time. So, I think that it is important for an entire class of PSU students to go through PSU and flush out the bad. I want to remove the corruption/culture that exists at PSU from its institutional memory, and that require an entire class to forget about football and focus on finding a new identity for the school. Since the average college student is in college for 4-5 years, I think the penalty should be for 4-5 years.
*I think that a death penalty is necessary, because that is the only way to completely remove the culture and force PSU to find other interests, identities, and revenue streams.
*I gave a year reduction in favor of good behavior because I want to reward good behavior. And honestly, if a school can't meet my standard for good behavior, it is not in a position to play football that year. My standard for constituting good behavior is meant to be fairly low. I would imagine that they would do what I required anyway for PR reasons.
*I chose to reduce the scholarships to 50, so they could field a team (11 offense, 11 defense, kicker, punter, long snapper) 2 deep.
*I chose to give an avenue to avoid a scholarship reduction because I wanted to promote systems to ensure that college athletics would never be an unsafe environment for those involved. The $20 million fine to be put towards remedying the problem that Sandusky unleashed on central PA is meant to keep the community running while the school isn't playing (avoid "innocent" bystanders as much as possible, and fix the area where the most people were exposed to the abuse (central PA, then PA, and then across the nation).
*I would encourage the school to use this as an opportunity to better its academic environment by using PSU students and programs. I think that this emphasized the importance that education should serve in the NCAA's decision-making process, and I think that it would give the social workers at PSU some very valuable experience, which betters the local community and the world as a whole. Also, it lessens the blow of the punishment. After all, punishment isn't my goal. Fixing a broken system and implementing a new system is my goal.
CONCLUSION:
Despite what many might think, my goal isn't to punish PSU. It's to transform PSU. Also, I know that some feel that the scandal isn't athletic in nature. I feel differently for a variety or reasons. IMO, the biggest reason is because I don't think that events would have happened like they did had it been a math teacher. I think that there was such a big cover-up because it involved a football coach, and because football was/is crucial to the athletic dept., which is crucial to the university's image. If it isn't an athletic, then it shouldn't matter whether Sandusky was a football coach or a math teach. Also, if the actions taken weren't to advance the athletic department via the football team, then I don't know why so many people went out of their way to look the other way/do the bare minimum legally required.
|