Onward State’s Kevin Horne has written an excellent piece about the possibility that Penn State President Rod Erickson might have broken a standing order of the BOT by signing the consent decree agreeing to the NCAA’s sanctions that were handed down Monday.
The debate on whether or not the sanctions handed down to Penn State by the NCAA are warranted has been ongoing with Penn Staters and college football fans alike over the last several days. But one area that hasn’t been broadly discussed is whether President Rodney Erickson — without approval and vote from the Board of Trustees — had the authority to sign the agreement with the NCAA essentially accepting the sanctions without even a whimper of a fight.
This Turkey had expected at least deliberation and possibly an appeal before Penn State fell on its sword. However, Erickson had already agreed to the sanctions before they were presented to the media on Monday morning. Why? Whom did he consult? Penn State just rolled over for Mark Emmert and the NCAA. Erickson gets the Neville Chamberlain Appeasement Award* for performing this slick sacrificial move on his own, appeasing the haters (including the NCAA) while totally pissing the rest of us off.
According to provision 2-e of Standing Order IV, the following actions must be approved by the Board: Authorization to borrow money; authorization of persons to sign checks, contracts, legal documents, and other obligations, and to endorse, sell or assign securities.
Penn State President Rodney Erickson’s signature appears on the document that accepts the NCAA sanctions. Certainly, that agreement would be considered a legal document — and one that directly costs Penn State $72 million, with some experts saying it could amount to up to a half billion dollars in losses.
No hearings. No approval from the governing body of Penn State. No alumni input. All President Erickson did was accept the NCAA quasi-dictatorship’s ruling without a fight, and move on.
Some have reported that Erickson was given the choice of a four-year “death penalty” or the sanctions as written. Obviously, he felt pressure to accept the sanctions, but without consultation with his governing body? Isn’t this the kind of rogue action the University is supposed to be curtailing? But wait! There’s more!
However, NCAA Executive Committee Chirman Ed Ray denied Erickson’s claims, saying “I can tell you categorically, there was never a threat made to anyone about suspension of play if the consent decree was not agreed to… That was never even a point of discussion within either the Executive Committee or the Division I board.”
Interesting conflict isn’t it? Either Erickson or Ray is lying, or Emmert and Erickson met in secret to “negotiate” without divulging details either before or after the fact.
I hope this all comes to a head, and divides the BOT so we can all see which trustees are on Penn State’s side and which are siding with our enemies. I further hope that when it hits the fan it results in the conclusion that not only Erickson, but also Emmert, exceeded their prescribed authority limits.
We’re dealing with powerful people here, there are lots more of us than there are of them. Emmert has become too powerful, and Erickson is a wimp. They both should be in deep shit over this. Such chutzpah!
Read the entire article “Erickson May Have Broken Standing Order.”
UPDATE: The BOT are meeting this afternoon to discuss President Rodney Erickson’s handling of NCAA sanctions, per the Lehigh Valley Express-Times.
*Neville Chamberlain was the British Prime Minister who felt that the best way to prevent a major conflict with Germany in the 1930s was to appease Adolf Hitler by signing the Munich Agreement in 1938, conceding part of Czechoslovakia to Germany. He was a doormat who with the Munich Agreement tacitly gave Hitler the go-ahead to invade Poland, prompting Britain to declare war on Germany and starting World War II.
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BigAl says
Erickson is too clueless to lie. My guess is that Ray isn’t lying either – he’s just not telling the complete truth. The presidents probably specified the sanctions that Penn State got and then told Emmert to get Penn State to agree by “any means that are necessary.” And Emmert know that Erikson would cave immediately if he threatened a 4 year death penalty. Maybe Emmert had a pressing engagement lined up (Triponey??) and wanted to finish things quickly.
And I’m sure that the BOT will rubber stamp Erickson’s decision and say that the Standing Rule had been waived so that Erickson could sign the consent order without getting their consent. After all, they had plans for the weekend and didn’t want to be interrupted.
I think I already know the answer to your question about “which trustees are on Penn State’s side.” NONE OF THEM ARE. Lubrano talks a good game, but he has a man crush on Paterno and is interested in clearing Paterno’s name rather than Penn State’s. Taliferrio is a nice kid, but he’s in way over his head and little more than a mascot. The rest are either senile or corporate hacks who want the scandal to go away before it hurts their own business careers. and want the
The Nittany Turkey says
You are prescient. The statement from the board essentially rubber stamps Erickson’s decision, and also makes it known that the death penalty was indeed on the table in the negotiations between Erickson and Emmert.
By inference, I believe your final paragraph is a pretty accurate reflection of the sorry BoT situation.
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—TNT