E-mails reveal NCAA's attempt to 'bluff' Penn State on sanctions

In the chaotic aftermath of Jerry Sandusky's 2012 arrest on child-molestation charges, the NCAA apparently was so intent on punishing Pennsylvania State University that it overlooked questions about its authority to do so, according to e-mails from the organization made public Wednesday.

"I know we are banking on the fact that the school is so embarrassed they will do anything, but I am not sure about that," Kevin Lennon, the NCAA vice president for academic and membership affairs, said in a July 2012 message to the NCAA's then-director of enforcement, Julie Roe Lach.

In July 2012, Penn State's acting president, Rodney Erickson, with input from some on the board of trustees, quickly signed a consent decree agreeing to the penalties. They included an unprecedented $60 million fine, a four-year bowl ban, and the loss of 60 scholarships.

But that willingness to accept them without a fight sparked considerable criticism from alumni and created an ongoing schism among trustees. Some on that body remain eager to put the damaging affair behind them, while others want to revisit everything from the report by former FBI Director Louis Freeh to the victories stripped from legendary coach Joe Paterno.

In a statement Wednesday, Penn State president Eric Barron, who was appointed in February, and board of trustees chairman Keith Masser said: "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.

"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."

The internal e-mails, many redacted, were written between July 13 and 21, 2012, and released Wednesday in connection with a lawsuit filed by State Sen. Jake Corman (R., Centre), whose district includes State College. Two days after the last of them, on July 23, NCAA president Mark Emmert announced the sanctions.

After the national outrage unleashed by the Sandusky scandal, the NCAA apparently was willing to gamble that it could bluff reeling Penn State administrators into accepting the harsh punishment many were demanding, the communications make clear.

"I characterized our approach to PSU as a bluff when talking to Mark," Roe Lach wrote to Lennon.

The organization's doubts involved its sanctioning powers. The NCAA has a long history of punishing athletic wrongdoers. But the crimes of Sandusky, a former football assistant who, though he made use of Penn State facilities was by then retired, required a broader interpretation of its regulatory authority.

"Delicate issue, but how did PSU gain a competitive advantage by what happened?" Lennon wrote. "Even if discovered, reported, and actions taken immediately by the administration, not sure how this would have changed anything from a competitive-advantage perspective."

Emmert, at least, sought to make the argument that by ignoring Sandusky's crimes for several years, Penn State unfairly was able to sell its then-unblemished reputation to recruits.

A Roe Lach e-mail pointed out that the NCAA could "try to assert jurisdiction on this issue and may be successful, but it'd be a stretch." Emmert, she said, was willing to take the chance.

"I think he understands that if we make this an enforcement issue, we may win the immediate battle but lose the war," she wrote. "I think he is OK with that risk."

What may have prompted this apparent rush to judgment was not just the public outcry but the urging of some powerful college presidents around the nation.

"The sounds of silence are not good," Oregon State president Ed Ray, then the NCAA's executive committee chairman, wrote in an e-mail to Roe Lach. "If Penn State could have Louis Freeh conduct an investigation over the last year, why haven't we done anything?"

The NCAA issued a statement Wednesday: "Debate and thorough consideration is central in any organization, and that clearly is reflected in the selectively released e-mails. 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."

Some of the penalties' most severe critics saw the e-mails as validation.

This "proves that the NCAA bluffed Penn State leaders into accepting sanctions which the NCAA had no authority to impose," said Maribeth Schmidt, spokeswoman for an alumni group, Penn Staters for Responsible Stewardship (PS4RS). "The trustees involved clearly failed to adequately fulfill their fiduciary duty to Pennsylvania's flagship university and safeguard its assets."

The e-mails did not surprise Al Lord, an alumni-elected trustee who is backed by PS4RS. Since joining the board in July, Lord has been a vocal critic of the university's actions in the aftermath of the Sandusky case.

The former Sallie Mae CEO called the NCAA's comments "disgusting," but said he was more bothered by the board and its compliance with the sanctions in the first place.

"It's mind-boggling," Lord said, "and if one were to use one's logic, one would wonder why someone representing Pennsylvania State University would be in bed with their tormentors. The university accepted the consent decree and really empowered the NCAA."

At a special meeting last week, the trustees rejected Lord's proposal to reexamine the Freeh report, which was the basis for the NCAA's sanctions. The nine alumni-elected trustees were the only votes in favor of reexamination. One came from former state senator Bob Jubelirer, who also is backed by PS4RS.

Wednesday, Jubelirer called for Barron to reassess his legal counsel, Stephen Dunham. Dunham also worked for Erickson.

"I think President Barron has got to review the legal advice Steve Dunham has given," Jubelirer said. "Dunham should be accountable to President Barron and the board of trustees [as] to how in the world he told Erickson he could sign the consent decree."

Jubelirer wants all sanctions rescinded - including the wins removed from Paterno's total - and the NCAA to apologize to the university community and the Paterno family.

"The culture of the brand has certainly been damaged," Jubelirer said. "These e-mails are evidence the NCAA was trying to bluff their way through. It's a very sad commentary."

Some of the scholarship reductions and the bowl ban subsequently were reduced after recommendations by former U.S. Sen. George Mitchell (D., Maine), the university's integrity monitor.

@philafitz