NCAA wants Pa. gov's Penn State lawsuit dismissed

Pennsylvania Gov. Tom Corbett speaks at a news conference Nov. 10, 2011, in State College, Pa. / Getty Images

HARRISBURG, Pa. The NCAA said Thursday a judge should throw out the federal antitrust lawsuit the governor filed against it over Penn State's $60 million fine and other penalties resulting from the Jerry Sandusky child molestation scandal.

College sports' governing body said in a filing that it disagrees with just about every allegation in the complaint against it initiated by Gov. Tom Corbett last month.

The NCAA said the penalties imposed under a July consent decree with the university are unrelated to regulation of economic activity, so antitrust law does not apply. It also argued Corbett lacks standing to sue and called his lawsuit "an inappropriate attempt to drag the federal courts into an intra-state political dispute."

• Gov. Tom Corbett aims to overturn NCAA's Penn State sanctions with lawsuit

"The remedial measures that Penn State agreed to were controversial, and have elicited strong feelings on all sides," the NCAA's lawyers wrote. "Some think they are too harsh, and some think they are too lenient. But none of those feelings have anything to do with the antitrust laws."

Corbett, a Republican, has said the NCAA overstepped its authority in punishing Penn State. His spokesman Nils Frederiksen said Thursday his lawyers will review the NCAA's filing "and respond as appropriate."

Corbett claimed in his lawsuit the NCAA "piled on" when it penalized Penn State over the Sandusky scandal. He asked that a federal judge throw out the sanctions, which include a four-year ban on bowl games, arguing that the measures have harmed students, business owners and others who had nothing to do with Sandusky's crimes.

The NCAA, in its federal court filing, disagreed.

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"It is exceptionally unlikely that sanctions temporarily impairing one school's prowess on the football field would render any of these robust nationwide economic markets less competitive, such that Stanford suddenly could raise tuition, Michigan could offer fewer or less valuable football scholarships, or Notre Dame could charge more for branded football jerseys," the NCAA said in the new filing.

The case could define just how far the NCAA's authority extends. Up to now, the federal courts have allowed the organization broad powers to protect the integrity of college athletics.

Even if the factual claims in Corbett's lawsuit are true, the NCAA said, the matter involves Penn State, not the Pennsylvania residents on whose behalf the antitrust action was made.

Penn State said it had no role in the lawsuit. In fact, it agreed not to sue as part of the deal with the NCAA accepting the sanctions, which were imposed in July after an investigation found that football coach Joe Paterno and other top officials hushed up sexual-abuse allegations against Sandusky, a former member of Paterno's staff, for more than a decade for fear of bad publicity.

Sandusky, who's in his late 60s, was convicted in June of sexually abusing 10 boys, some of them on Penn State's campus. He is serving a 30- to 60-year prison sentence but insists he's innocent.

The penalties against Penn State include a cut in the number of football scholarships the university can award and a rewriting of the record books to erase 14 years of victories under Paterno, who was fired when the scandal broke in late 2011 and died of lung cancer shortly after.

The lawsuit represents a reversal by the governor. When Penn State's president consented to the sanctions last summer, Corbett, a member of the Board of Trustees, embraced them as part of the university's effort to repair the damage from the Sandusky scandal.

Corbett said he waited to sue over the penalties because he wanted to thoroughly research the legal issues and did not want to interfere with the football season.

Two Pennsylvania congressmen, Charlie Dent and Glenn Thompson, called for the NCAA to restore football scholarships taken away from Penn State, saying in a letter last month the sanctions unfairly punish innocent student-athletes for the child sex abuse scandal.

Penn State officials and Paterno's family deny there was a cover-up of allegations against Sandusky.

[yesiknowbut]

People seem to forget that the important thing here isn't Penn State's football program. It was wide spread negligence of sex abuse by the football staff and university officials. College football is about the money. Face it. It's great fun and I like going to the games because of the energy and to cheer my school on, but don't delude yourself for one second that if the schools weren't making money off the program, that it would even exist. It wouldn't. Period. Yes, a lot of people who were completely unrelated to the problem and who could have in no way ever know/stopped it will have their lives altered whether it be students not getting scholarships or businesses losing customers. However, everyone was complacent. The program was exalted to such great heights that the people in charge felt that it would be better for everyone if they just ignored the problem and it went on and on and on. I sympathize with the athletes and students at Penn State for their loss of prestige and scholarship aid, but it's not just Penn State that needs to be taught a lesson. It's a moral lesson for everyone (including other schools across the nation) that says while football can be great fun, it is, after all, just a game and there are things more important than games like integrity and justice for victims. We all needed to be taught that lesson the hard way. And for all those who say it's unfair, I've got news for you; life is rarely fair. Quit whining and move forward. I will respect Penn State for making strides to make up for what has happened. They will recover in time and it taught them (and other schools) to be more diligent about this kind of thing.

[Yes_ABWH_Fan]

We in Pa would like Corbett dismissed.

[genxandy]

"the sanctions unfairly punish innocent student-athletes for the child sex abuse scandal." This is so true! And probably one of the main reasons Corbett is suing the NCAA. I hope he wins!

[dsjones26]

The whole issue that Gov. Corbett cares about is the $$$ MONEY $$$. He said so himself in so many words. He does not care about the damage done on the kids, its all about the money people would be making. Besides this issue is a State issue and once you agree to the punishment how dare does the Gov. does a power grab and drag the citizen of the State into this mess. Corbett should be recalled.

[Retired_in_Va]

As much as I do not care for Penn State ( I am a Alabama fan) these penalties imposed by the NCAA are ridiculous and asinine.

The football PLAYERS did not commit these crimes. Having them rewrite the record books to erase 14 years of victories under Paterno is ridiculous. These players did not commit these crimes. They should not have to suffer the consequences because of Sandusky, Paterno and others. This is a tremendous amount of money brought in by the football program that that funds many things, including scholarships, awards and other things.

Sandusky committed these crimes. Paterno may have looked the other way, but he is dead and cannot be charged. Sandusky is in jail. If others knew and ignored the issue, they should be prosecuted.

But to deny future students a scholarship and/or an increase in tuition, because of these sanctions/penalties, is ridiculous.

This is not the first time the NCAA has made stupid decision and it probably will not be the last. I hope the get someone with some sense in the NCAA and get rid of the dumba$$es that are running it now.

I hope, for the sake of the students, Gov. Tom Corbett wins the lawsuit. Go after the ones who committed these crimes, not punish the players and students.

[old_bard]

Of course the NCAA wants the suit dropped. Everybody who ever got sued wanted the suit dropped! Besides, this suit is the first good thing that the governor has managed to do that didn't hurt the average Pennsylvanian.

[bobnjersey]

[The penalties against Penn State include a cut in the number of football scholarships the university can award and a rewriting of the record books to erase 14 years of victories under Paterno]
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how orwellian ... winston would be so proud. the ncaa now serves as the 'ministry of truth' for all sports information now and in the past?

how exactly do you 'erase' something that actually happened ... and has virtually no bearing whatsoever on an assistant coach having perverted preferences for his activities in the shower?

[samiam714]

Penn State is lucky. After what happened, the University should have been kicked out of the NCAA. Anyone who complains about losing football victories is a moron. Children were raped. Children were raped. Children were raped.

Everyone at Penn State should be greatful that this accursed football program is even allowed to exist. It's time to stop complaining and step up and take repsonsibility for the awful evil that happened. No one, to date, has done that.

[bobnjersey]

[Children were raped. Children were raped. Children were raped.]
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prosecute the rapist ... prosecute the rapist ... prosecute the rapist.

anyone who can't see the obvious unfairness of penalizing all those not at all involved in the crimes is a moron.

that would be you!

[zorroaca44]

NCAA was trying to play the do-gooder by washing it's own hands and dishing out a penalty that made no sense ....

And for those of you that are football haters ... for your info!!!!! College football brings in the money that PAYS FOR ALL of the OTHER COLLEGIAN SPORTS!!!!!!!

[KPeters_from_UK]

I don't hate football. Never said I do. I doubt anyone said that. BUT what I do hate is when organizations whether it be colleges or high schools, deliberately trample over victims in order to protect the sport THAT IS WRONG! When organizations whether it be colleges or high schools, deliberately coverup abuses as long as Penn State did THAT IS WRONG!

Please tell me you aren't saying that just because football brings in the dollars we are suppose to be lenient on them?

[KPeters_from_UK]

Governor Corbett, a member of the Board of Penn State Trustees, said he waited to sue over the penalties because he wanted to thoroughly research the legal issues and did not want to interfere with the football season.
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No conflict of interest there? Really? Sick.

Why is football always more important than victims? Penn State and Steubenville, Ohio proves that the sport is more important than the vulnerable.

[corbolavirus]

Corbett is a Perv State alumni is he not? AG's office nearly had to be in on the Paterno- Sandusky deviance cover-up.