Emails show NCAA questioned right to sanction Penn State

The NCAA attempted to bluff Penn State into accepting severe sanctions in 2012 due to the Jerry Sandusky child sex-abuse scandal, according to internal emails recently released in a court case.

The internal emails between high-ranking NCAA officials, first reported by Onward State, show that some people in the NCAA office believed the association did not have jurisdiction to punish Penn State. The university was hit with unprecedented penalties without going through the normal NCAA enforcement process. The NCAA recently reversed its sanctions that would have kept Penn State out of the postseason and limited it to 65 scholarships until 2017.

In a July 14, 2012 email to then-NCAA director of enforcement Julie Roe Lach, NCAA vice president of academic and membership affairs Kevin Lennon wrote of the potential Penn State penalties, “I know we are banking on the fact school is so embarrassed they will do anything, but I am not sure about that, and no confidence conference or other members will agree to any of that. This will force the jurisdictional issue that we really don't have a great answer to that one.”

Lennon questioned the ethical dilemmas for future NCAA cases and whether Penn State gained a competitive advantage. In her response to Lennon, Roe Lach also questioned whether Penn State gained a competitive advantage and said the NCAA was bluffing the university.

“Regarding your third point, I think Mark (presumably NCAA president Mark Emmert) believes based on conversation with some presidents that PSU did gain an advantage, although (NCAA vice president David) Berst, Wally (presumably then-NCAA vice president Wally Renfro) and I disagree with that point,” Roe Lach wrote. “The point some have made is that had PSU dealt with this in 2001, they might have suffered a recruiting disadvantage due to the bad publicity at that point. Given that they have a decent recruiting class now, not sure this holds up.

“I characterized our approach to PSU as a bluff when talking to Mark yesterday afternoon after the call. He basically agreed b/c I think he understands that if we make this an enforcement issue, we may win the immediate battle but lose the war when the COI (Committee on Infractions) has to rule. I think he is okay with that risk.”

Roe Lach wrote that the NCAA could “try to assert jurisdiction on this issue and may be successful but it'd be a stretch.” She questioned whether the infractions committee and the appeals committee would agree there are NCAA penalties due to “ethical failures by senior leaders” at Penn State.

Two days earlier on July 12, 2012, Oregon State president and then-NCAA executive committee chairman Ed Ray sent an email to Roe Lach pushing for NCAA action against Penn State.

“I am concerned about the connection I see in comments on the Penn State story and the NCAA,” Ray wrote. “You and others are smart than I am about what can be done but I think it is worth reconnecting with legal authorities to determine if there is enough flexibility and access to information for the NCAA to get on with an assessment of issues at Penn State. The sounds of silence are not good. If Penn State could have Louis Freeh conduct an investigation over the last year, why haven't we done anything?

“Some clarity about what Penn State is expected to respond to the four questions asked and the timeline or triggers for the NCAA assessment of matters seems appropriate to me. Announcing in three weeks the sweeping changes in enforcement, culture and penalties we intend to implement over the next two years while remaining silent on the Penn State matter could easily invite cynicism even from those who are rooting for us to get this right.”

Then-Penn State president Rodney Erickson, with input from a few of the university's Board of Trustees members, agreed to the NCAA's demands for penalties that have since been reduced. The penalties included a $60 million fine and were announced on July 23, 2012.

Large portions of the emails released in the lawsuit were redacted. The emails are part of a lawsuit brought by Jake Corman, a Pennsylvania state senator, over where the proceeds will go from Penn State's fine.

In a statement released Wednesday afternoon, the NCAA said: “Debate and thorough consideration is central in any organization, and that clearly is reflected in the selectively released emails. The national office staff routinely provides information and counsel to the membership on tough issues. The NCAA carefully examined its authority and responsibility to act in response to the athletics department's role detailed in the Freeh report. Ultimately, advised by all information gathered the Executive Committee determined to act and move forward with the Consent Decree.”

Penn State president Eric Barron and board of trustees chair Keith Masser said in a statement the university finds it “deeply disturbing that NCAA officials in leadership positions would consider bluffing one of their member institutions, Penn State, to accept sanctions outside of their normal investigative and enforcement process. We are considering our options. It is important to understand, however, that Penn State is in the midst of a number of legal and civil cases associated with these matters. We therefore have no additional comment.”