The NCAA wants a judge to dismiss the lawsuit brought by the family and supporters of late football coach Joe Paterno. Alleging that the claims are “baseless,” the NCAA filed its response to the Paterno family’s civil lawsuit last week on the day marking the one year anniversary since the NCAA sanctioned PennState for the Jerry Sandusky scandal with unprecedented penalties that included a $60 million fine. This is just the latest chapter from the embarrassing scandal which has tarnished the university’s brand and hindered its ability to transform its culture. The Paterno family filed its lawsuit at the end of May seeking that the court to overturn the sanctions on the grounds that the NCAA breached its contract with the university when it imposed the penalties without an investigation. Additional plaintiffs were five Penn State trustees, former Nittany Lion players and coaches, and university professors.
The NCAA essentially argues that the case is flawed factually and as a matter of law because 1) the suit complains primarily about the conclusions of the Freeh Report, conducted at the behest of the Penn State Board, and the university’s acceptance of the Board’s conclusions and findings; 2) The NCAA did not commission the Freeh Report nor had any role in it; and 3) Penn State is a necessary defendant and the plaintiffs lack the standing to sue because they were not sanctioned by the NCAA. To see the NCAA’s statement on the response to dismiss the lawsuit on its website, click here.
The NCAA asserts that the lawsuit also lacks merit regarding whether the consent decree defamed PennState or whether the Paterno name was tarnished. The NCAA vehemently denies that its leadership (President Mark Emmert among others) conspired with Louis Freeh and his investigators in the formation of the now infamous Freeh report which was critical of the university’s handling of Sandusky and found ample evidence of a “cover-up.” The NCAA indicates on its website that “Universities must be free to manage their own affairs, including their membership in the NCAA, without interference by disappointed or disgruntled individuals. While the plaintiffs may be unhappy with the conclusions and university’s acceptance of the Freeh Report, the plaintiffs in this case were not sanctioned by the NCAA and have no legal basis to sue the Association.”