Gov. Corbett Filing Suit vs. NCAA
This story originally published on FightOnState.com
Corbett at the press conference.
Corbett at the press conference.

Posted Jan 2, 2013


The commonwealth is seeking to have all sanctions against the Penn State football program lifted via an antitrust lawsuit. Video now included.


An antitrust lawsuit by Pennsylvania Gov. Tom Corbett against the NCAA argues the organization acted illegally and was motivated by a desire to gain power for its president and weaken the university.

The 43-page complaint being filed Wednesday seeks to vacate all of the punishment related to the Jerry Sandusky child molestation scandal, including a $60 million fine and four-year bowl ban.

The lawsuit claims the NCAA was motivated by a desire to "gain leverage in the court of public opinion."

The NCAA says it's disappointed in Corbett's lawsuit, calling it meritless and an "affront" to Sandusky's victims.

Corbett says the university and state have been harmed by what he calls "harsh penalties."

The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Pennsylvania Gov. Tom Corbett said Wednesday in announcing a federal lawsuit against the college athletics governing body.

Corbett said the university and the state have been harmed by what he called "harsh penalties" over the abuse committed by Sandusky, a former assistant football coach. The NCAA "piled on" and acted unlawfully because it stands to benefit from the sanctions, he said.

"A handful of top NCAA officials simply asserted themselves into an issue they had no authority to police under their own bylaws, and one that was clearly being handled by the justice system," Corbett said at a news conference.

The governor did not release a draft of the complaint, which was expected to be filed Wednesday afternoon in Harrisburg federal court. It will seek to overturn all the penalties to which the university's president agreed in July.

The university has agreed to pay a $60 million fine for child abuse prevention grants and to endure a four-year bowl game ban for the university's football program, a loss of footballs scholarships and other penalties. When the deal was announced, Corbett - also a member of the university's board of trustees - said he wanted assurance tax money would not go toward the fine, and added that part of the "corrective process is to accept the serious penalties."

Corbett said he waited until now to file the lawsuit because he wanted to thoroughly research the legal issues and did not want it to interfere with football season.

When the sanctions were announced, Corbett expressed relief that Penn State had escaped the "death penalty" that would have dismantled the football program for a season or more. He later expressed a desire to keep the $60 million in fines within Pennsylvania.

The NCAA agreement has been unpopular with a significant portion of the university community, but Corbett, who is up for re-election next year, deflected a question about whether his handling has helped or hurt him politically.

"We're not going to get into the politics of this," he said. An outside law firm was being retained to handle the matter, but Corbett's general counsel did not provide an estimate of cost.

"Any of the costs associated with this ... pale in comparison" with the losses people have already suffered, said Corbett's top legal adviser, James Schultz.

Corbett, a Republican, said his office did not coordinate its legal strategy with state Attorney General-elect Kathleen Kane, who is scheduled to be sworn in Jan. 15. Instead, the current attorney general, Linda Kelly, agreed to grant the governor authority to pursue the matter.

Kane, a Democrat, ran on a vow to investigate why it took state prosecutors nearly three years to charge Sandusky, an assistant under longtime football coach Joe Paterno. Corbett was the attorney general when that office took over the case in early 2009 and until he became governor in January 2011. Schultz said he would talk with Kane about the lawsuit later Wednesday.

The late football coach's family released a statement Wednesday saying they were encouraged by the lawsuit. Corbett "now realizes, as do many others, that there was an inexcusable rush to judgment" in the aftermath of the Sandusky scandal, the statement said.

State and congressional lawmakers from Pennsylvania have objected to using the NCAA's fine to finance activities in other states. Penn State has already made the first $12 million payment, and an NCAA task force is deciding how it should be spent.

The NCAA, which has declined to comment on the planned lawsuit, has said at least a quarter of the money would be spent in Pennsylvania.

Republican U.S. Rep. Charlie Dent called that "unacceptable and unsatisfactory."

Last week, state Sen. Jake Corman, a Republican whose district includes Penn State's main campus, said he plans to seek court action barring any of the first $12 million from being released to groups outside the state.

Sandusky, 68, was convicted in June on charges he sexually abused 10 boys, some on Penn State's campus. He's serving a 30- to 60-year state prison term.

Eight young men testified against him, describing a range of abuse they said went from grooming and manipulation to fondling, oral sex and anal rape when they were boys.

Sandusky has maintained his innocence, acknowledging he showered with boys but insisting he never molested them.


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