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View Diary: Corbett announces he plans to get ALL sanctions against Penn State overturned (49 comments)

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  •  asdf (1+ / 0-)
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    lina

    The Governor holds a seat on the Board of Trustees and a portion of its members are also his political appointees.  There is clearly a chain of delegated public authority argument to be made, irrespective of public vs. independent relational nuances between the state and the institution.

    In addition, the semi-autonomous or "state-related" status of the University should not insulate the Governor from the actual or implied authority the state has granted to the institution to manage it's affairs independently. If the University is granted a wide degree of administrative and managerial latitude by the state, then the state should not therefore be able to assert that as grounds to challenge any independent actions the school might have taken.

    Under these circumstances, it is difficult to me to see how the Governor has legal standing to challenge the NCAA sanctions in the first instance or is not fully bound by the terms of the Consent Decree signed by the University's President -- both as threshold matters.

    If any claim is to be made for any purported "misuse" of state funds in connection with the NCAA enforcement action, it would be asserted against the University.  However, in addition to specific violations of express NCAA Rules underlying the sanctions, that Organization to which PSU belongs also holds regulatory authority over any matter that affects the integrity of members and their respective programs.  It is a very broad mandate that most certainly encompasses and controls on the Governor's claims.

    The one permanent emotion of the inferior man is fear - fear of the unknown, the complex, the inexplicable. What he wants above everything else is safety. H.L. Mencken

    by ancblu on Wed Jan 02, 2013 at 07:32:46 PM PST

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