Pennsylvania Supreme Court Rules NCAA Must Go to Trial over Penn State Sanctions

The Pennsylvania Supreme Court turned down a motion by the NCAA Wednesday to avoid a jury trial regarding the legality of the sanctions brought down on Penn State by college sports' governing body as part of the Jerry Sandusky child molestation case.

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Updates from Friday, Nov. 7

NCAA Must Produce 477 Documents for Review

Mark Wogenrich of the Allentown Morning Call has an update on the upcoming proceedings:

PA Supreme Court Rules NCAA Must Go to Trial Over PSU Sanctions

According to Mark Scolforo of The Associated Press, the state Supreme Court agreed with a lower-court ruling that the case could expand beyond the $60 million fine levied against the university. State Sen. Jake Corman and treasurer Rob McCord were originally named on a suit that attempted to keep the money within the state of Pennsylvania.

The NCAA has since agreed to keep the money within the state, but the suit has remained open. Commonwealth Court judge Anne Covey expanded the case to include the legalities of the sanctions as a whole, a motion the NCAA challenged in Pennsylvania's highest court. Justice Max Baer wrote that Covey did not exceed her power with her ruling.

"I write separately to note that, upon preliminary review of the matter, it appears that petitioner has presented...a colorable argument that the Commonwealth Court...inserted an undisputed issue into an otherwise moot case," Baer wrote, per the AP.

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In emails released as part of the lawsuit, the NCAA is shown to have doubted the legalities of its own penalties. As noted by Kevin Horne of Onward State, the NCAA attempted to use the widespread ridicule and embarrassment of the Sandusky scandal to coax Penn State into accepting the sanctions:

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"I know we are banking on the fact the 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 that," wrote NCAA Vice President of Academic and Membership Affairs Kevin Lennon on the same day [July 14, 2012]. "This will force the jurisdictional issue that we really don't have a great answer to that one..."

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The NCAA handed Penn State a four-year bowl ban, stripped the football program of multiple scholarships and wiped 112 wins from Joe Paterno's career record after an investigation revealed members of the university covered up incidents involving Sandusky. A longtime assistant coach under Paterno, Sandusky was convicted on 45 counts related to the molestation of multiple children.

Asylum Entertainment/Associated Press

The NCAA rescinded the bowl ban and scholarship reduction in September after two years, citing Penn State's upstanding behavior.

"The executive committee's decision to restore football scholarship opportunities for more student-athletes at Penn State is an important recognition of the university's progress—and one I know it was pleased to make," NCAA president Mark Emmert told reporters.

Penn State president Eric Barron and Board of Trustees chair Keith Masser released a statement Wednesday, calling the emails "disturbing."

"We find 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," the statement said.

A jury will hear the case beginning in January. If the emails are any indication, this will be only the tip of the iceberg in uncovering the behind-the-scenes machinations of the most unprecedented case in NCAA history.

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