Paterno family intends to appeal NCAA sanctions
STATE COLLEGE, Pa. (AP) - Joe Paterno's family plans to appeal the sanctions imposed by the NCAA against Penn State for the Jerry Sandusky child sexual abuse scandal.
Family lawyer Wick Sollers in a letter sent Friday to the NCAA said the Paternos would like to appeal the "enormous damage" to Penn State, the community, athletes and the late Hall of Fame coach. He died in January at age 85.
An NCAA spokeswoman did not immediately return a call seeking comment on whether college sports' governing body would consider such an appeal.
The landmark NCAA penalties handed down last month included a four-bowl ban, scholarship cuts and 111 vacated wins from 1998-2011, meaning Paterno no longer has the most coaching victories in major college football.
The family said the NCAA acted hastily and without regard for due process, and that it accepted the results of the school's internal investigation without further review.
The report from former FBI director Louis Freeh said Paterno and three school officials concealed allegations against Sandusky dating back to 1998. Paterno's family and the three officials have all vehemently denied the conclusions.
Once a revered defensive coordinator, Sandusky is awaiting sentencing in jail after being convicted in June of 45 counts of sexually abusing young boys.
Penn State handed the Freeh report to the NCAA, which announced its strict sanctions on July 23. Also among the penalties was a $60 million fine.
Paterno's lawyer said the family had a right to file an appeal because it was named in the NCAA's consent decree with Penn state, as well as the Freeh report. The family said it hoped to formally submit an appeal and requested oral arguments before the NCAA's infractions appeal committee, its executive committee or other leaders.
"Furthermore, the NCAA and Penn State's Board (of Trustees) Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided," Sollers wrote the NCAA.
Sollers called the sanctions possibly "the most important disciplinary action in the history of NCAA," but that it had been handled fundamentally inappropriate and unprecedented manner.
Michael McCann, director of the Sports Law Institute and at a professor at Vermont Law School, said Friday he doubts that the Paternos do have legal standing to appeal, and that the NCAA is likely to reject it out of hand, if they respond at all.
"He's not alive, and his family itself would not seem to have any legal standing to challenge the NCAA," McCann said, "at least in terms of filing an appeal."
Family lawyer Wick Sollers in a letter sent Friday to the NCAA said the Paternos would like to appeal the "enormous damage" to Penn State, the community, athletes and the late Hall of Fame coach. He died in January at age 85.
An NCAA spokeswoman did not immediately return a call seeking comment on whether college sports' governing body would consider such an appeal.
The landmark NCAA penalties handed down last month included a four-bowl ban, scholarship cuts and 111 vacated wins from 1998-2011, meaning Paterno no longer has the most coaching victories in major college football.
The family said the NCAA acted hastily and without regard for due process, and that it accepted the results of the school's internal investigation without further review.
The report from former FBI director Louis Freeh said Paterno and three school officials concealed allegations against Sandusky dating back to 1998. Paterno's family and the three officials have all vehemently denied the conclusions.
Once a revered defensive coordinator, Sandusky is awaiting sentencing in jail after being convicted in June of 45 counts of sexually abusing young boys.
Penn State handed the Freeh report to the NCAA, which announced its strict sanctions on July 23. Also among the penalties was a $60 million fine.
Paterno's lawyer said the family had a right to file an appeal because it was named in the NCAA's consent decree with Penn state, as well as the Freeh report. The family said it hoped to formally submit an appeal and requested oral arguments before the NCAA's infractions appeal committee, its executive committee or other leaders.
"Furthermore, the NCAA and Penn State's Board (of Trustees) Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided," Sollers wrote the NCAA.
Sollers called the sanctions possibly "the most important disciplinary action in the history of NCAA," but that it had been handled fundamentally inappropriate and unprecedented manner.
Michael McCann, director of the Sports Law Institute and at a professor at Vermont Law School, said Friday he doubts that the Paternos do have legal standing to appeal, and that the NCAA is likely to reject it out of hand, if they respond at all.
"He's not alive, and his family itself would not seem to have any legal standing to challenge the NCAA," McCann said, "at least in terms of filing an appeal."
Is it really that big of a deal? Put his statue back, what he did on the field shouldn't reflect on what happened off the field!
Of course, because they have no sense of morality or goodness. They are going to drag this out to get revenge on the victims of the sexual assault. Football means more to them than some kid's life. I hope the kids sue the family into poverty.Â
Why? Paterno was equally guilty in ignoring the assaults. No - everyone connected to this should go. I have seen the affects on victims of sexual abuse. The affects never go away. So give it up - I for one have nothing but contempt for Paterno and anyone else involved in this sad case and nothing but contempt for those who feel everything should go back to "normal".
Paterno family...it is time to go away. I can't believe you are keeping your name in the news. Your husband, father, brother, grandpa, ignored his friend and assistant raping boys in his locker room. There is NO excuse for this and be thankful we can't punish the dead! I was a HUGE admirer of Joe Pa, but after this, wipe his name off the walls and the record books!Â
Nothing would make me happier than to believe that Paterno did the right thing and the ball was dropped somewhere up the chain of command. Unfortunately they have emails he sent to his superiors asking them NOT to go to the authorities and requesting instead to let him "handle" it.Â
Unless they can prove JoePa didn't write those emails I think they are grasping at straws here.
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And not for nothing but bitching and moaning about the punishment only serves to tarnish the Paterno name more.
 @Petwlkr re: "nothing but bitching and moaning about the punishment only serves to tarnish the Paterno name more." Well said.Â
 @kennewickman Still think it is no big deal? Better go read some of my other posts with my new name!
 @kennewickman Man this is fun!!
"The family said the NCAA acted hastily and without regard for due process"
While the allegations were covered up for years denying the victims "due process"
The NCAA is private organization. How the heck does a famiy or a private individual have standing to "appeal?" As hard as it might be for the Paterno family, they need to accept that Joe was not a saint and that he REALLY dropped the ball on this one. The  sanctions are earned. Some may even go as far as to say they didnt go far enough! It would behoove the Paternos to just fade away.
 @EMDF9A I was wondering the same thing. The lawyer for the Paternos is quoted in the article as saying the Paternos have the right to file because they were named in the consent decree. That could maybe be an internal NCAA rule or the law but I would doubt it is the law. In either case, it is just best to move forward, people were harmed and no amount of appealing the sanctions can undo that.Â
Take the sanctions, shut up and let the school move on to a new era.Â
The "enormous damage" done to the school was self inflicted!
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Most people with some sense of shame would want to be quiet and let things pass and heal. I guess we know what kind of people we're looking at in this case.
It's to the financial advantage of the family to keep this ordeal going. When this appeal is rejected, there will be some other ploy used. They will eventually rake in the bucks with book and movie royalties.
 @Wormwood I don't know about book and movie rights but it is to their financial advantage to sidestep any and all responsibility on JoePa's behalf. As it stands now they are going to be facing an onslaught of civil lawsuits.