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Dear Media: Stop Calling for PSU Death Penalty

By Jim Weber

I’ve been known to call out the NCAA and president Mark Emmert from time to time but now it’s time to turn the finger around and point it at the sports media for demanding the NCAA issue the “death penalty” to Penn State.

As soon as the Freeh Report was released on Thursday, it felt like every sports writer in America with a column screamed at the top of their lungs that the NCAA should shut down the Penn State football program for at least a year (see here, here, here, here, here, here, here, here, here, here, here and here – to name a few).

I’m here to tell you that these arguments are fundamentally flawed and just another result of a knee-jerk culture in which the media always feels the need to say something provocative to be heard and keep the 24-hour news cycle spinning with debate and controversy.

Look, I’m equally as outraged about the Jerry Sandusky scandal and fully believe that Joe Paterno’s statue should be removed from the front of Beaver Stadium because it no longer stands for integrity.

And I realize that the Jerry Sandusky scandal at Penn State is the biggest scandal in the history of college sports. But the reaction from the media about how to punish Penn State has seemingly turned into a pissing match among the media to show who is the most outraged:

“Take down JoePa’s statue!”

“Give them the death penalty!”

“Shut down the entire university!”

A large portion of the public thinks Penn State should be handed the death penalty just because they are angry at what took place and are disgusted by the Paterno apologists that still remain in Happy Valley. But media members should base their opinions on facts instead of raw emotions and be above leading an angry mob with pitch forks.

Of course, you don’t make headlines arguing that Penn State shouldn’t get the death penalty. As a result, everyone seems to be reaching for the publicity Sports Illustrated received in 1995 when Alex Wolff famously wrote a letter to the University of Miami about why they should drop the football program – one of the most legendary articles in SI history.

And in this digital media world where everyone is fighting for page views and SEO optimization, sites are viciously competing to come up first on Google search results for “Penn State death penalty.”

But of all the calls for Penn State to receive the death penalty, I’ve yet to read one column that makes anything close to a valid argument. People forget that SMU was handed the death penalty in 1987 because it egregiously broke NCAA rules and had a history of being placed on probation. The message clearly wasn’t getting through, leaving the NCAA almost no choice. But in this case, Penn State broke federal laws, not NCAA rules.

People don’t seem to grasp that and make hollow arguments like the following:

“If programs are sanctioned for “lack on institutional control,” Penn State HAS to get the death penalty!”

This is the laziest argument for the death penalty. Sure, Penn State egregiously violated “institutional control” when defined by a dictionary but the NCAA doesn’t hand out punishments based on that. It goes by the NCAA rulebook’s definition of institutional control.

And did anyone who actually made this argument bother to look up how “lack of institutional control” is defined there? As much as people would like it to, that definition doesn’t apply to this case.

“Ohio State and USC got bowl bans for their infractions, which look like nothing compared to this!”

Yes, those cases look very trivial compared to the Sandusky scandal. That’s why no one related to those scandals (aside from the tattoo parlor owner who was laundering drug money) is in jail while Sandusky finds himself behind bars for life while athletic director Tim Curley and ex-Gary Schultz, the university’s former senior vice president for finance and business, have been indicted for perjury and ex-school president Graham Spanier could soon find himself in jail as well.

The Buckeyes and Trojans were hammered for breaking NCAA rules. I have yet to find anyone that can prove Penn State broke NCAA rules in the Sandusky scandal. You can argue that the NCAA should update its bylaws to have a personal-conduct policy like the NFL (although that obviously gets very tricky) but you can’t argue that the NCAA is a draconian organization and then tell them to rule outside their jurisdiction just because we are all outraged.

“This will send a message to other schools that something like this will never happen again! This will show everyone that universities are about academics not athletics! This will give Penn State a fresh start! If they don’t get the death penalty, the coverup will have served its purpose!”

These are just examples of arguments based on the results of giving Penn State the death penalty instead of actually proving the death penalty is within the NCAA’s jurisdiction. I won’t even bother disproving them because they are based on a false premise that the ends justify the means when it comes to NCAA punishment. The U.S. legal system can’t step outside the law just because it deems something unfair and the NCAA can’t as well, as much as many people would understandably like it to in this case.

.

This whole sequence reminds me a lot of the death of Len Bias, when law makers were so eager to prove how outraged they were that common sense went out the window. After the Maryland star overdosed on cocaine in 1986, politicians in Congress got into a pissing match to show who was the toughest on the “it” drug of the 1980s, resulting in a 100:1 quantity ratio from crack cocaine to powder – meaning the punishment for 1 gram of crack cocaine was equal to that of 100 grams of regular cocaine – that resulted in insanely unjust prison sentences that are still affecting people to this day.

This entire scandal is obviously a travesty of epic proportions and if you want to argue the NCAA should update its bylaws or that Penn State should shut down the football program itself, go for it.

But don’t cry for the NCAA to issue the death penalty just to shout the loudest.

Jim Weber is the managing editor of LostLettermen.com. His column appears Mondays and Wednesdays.

9:28 AM on 7/16/2012
  • Dave Jenkins

    You guys still don’t get it. When you worry more about football than the victims so soon, you clearly or Clery do get it. The world is watching Pedophile State. When the school starts to impose it’s own football penalties, then you will see America start to support you. Right now I would just shut up

    • sb

      Well let me ask this, how does shutting down the football program help the victims of Jerry Sandusky? If you’re so concerned about the victims, shouldn’t you be worrying more about how we can help the victims than whether or not to shut down the football program? Why not propose keeping football and having the program give a large percentage of its profits to Sandusky’s victims, or to victims of abuse in general? Or using the program as a platform to raise awareness for victims of rape and abuse? There are ways to make some positives out of this horrible tragedy, or I suppose we can just shut everything down to make you feel better.

      • RV

        Penn State did violate the NCAA bylaws by showing a stunning lack of institutional control. Their football program benefited GREATLY from covering up child abuse.

        Your particular argument is very weak. Yeah lets make Penn State football as a platform to raise awareness but lets also use murderers as a platform to raise awareness against murder instead of sending to jail! See how idiotic your argument is?

        Its amazing how the author of this piece and the commented just do not get it.

      • Wes

        How does putting a criminal in jail help his victim?

    • TM

      The PSU Board of Trustees should shut down the football program. Freeh made the point that it was the culture of PSU that allowed these horrible crimes to be committed. The only way to change the culture is to recognize the need for change and take dramatic action to make it happen. I can understand that the Board is very concerned about how much all of this is going to cost them in the courts but that is no reason to not show leadership and take dramatic and immediate action. Letting this fester any longer just reinforces the point that Freeh made – the tone at the top allowed these horrible crimes to continue long after they could have been stopped. It shouldn’t be the NCAA who has to do this – the leadership of the institution should do the right thing – shut it down, NOW!

      • Owen

        TM has is exactly correct. “…the leadership of the institution should do the right thing – shut it down, NOW!” This should be a PSU Board of Trustees decision, not an NCAA decision.

        i would add that it should be a minimum 10 year ban. If the NCAA wants to add further years, so be it. In addition, ANYONE and EVERYONE at Penn State who had ANY knowledge of these acts should be fired immediately!

  • Breese

    Here are two official NCAA rules that were broken as reported by Michael McCann of Sports Illustrated.

    There has been much debate as to whether the NCAA should punish Penn State, but it is clearly authorized to do so and could even impose the “death penalty,” whereby the Penn State football team would be shut down for at least one year. Articles 2.4 and 10.1 of the NCAA constitution command ethical conduct on behalf of coaches and others associated with athletic programs, and 2.4 expansively states, “These values should be manifest not only in athletics participation, but also in the broad spectrum of activities affecting the athletics program.” One might argue that covering up child rape perpetuated by a football coach in the football team’s showers is not sufficiently connected to the playing of football, but consider another perspective: If the rape had become public knowledge, the football program would have been damaged and the team worse off.

    An article on MyHOFS.com also points out a rule in the NCAA rule book concerning “Lack of Institutional Control”

    The NCAA rule book spells this out in its chapter regarding “PRINCIPLES OF INSTITUTIONAL CONTROL AS PREPARED BY THE NCAA COMMITTEE ON INFRACTIONS.” In section C, subsection 6, it states that an institution may be found guilty of LOIC if “The institution fails to make clear that any individual involved in its intercollegiate athletics program has a duty to report any perceived violations of NCAA rules and can do so without fear of reprisals of any kind.” It explains further, “Compliance is everyone’s obligation. Loyalty to one’s coworkers, student-athletes, or athletics boosters cannot take precedence over loyalty to the institution and its commitment to comply with NCAA rules. There is a lack of institutional control if individuals are afraid to report violations because they have reason to fear that if they make such a report there will be negative consequences.” The Freeh report confirms that the four key decision makers failed to report crimes because they believed disclosure would have negative consequences. Additionally, Freeh reported that low level employees failed to report criminal acts for fear of losing their jobs.

  • Joe Reeves

    It seems that Paterno, Schultz, Spanier, Curley et al, covered up what Sandusky was doing, to protect first and foremost the football program and all that meant to them, the university and community. If football became so monolithic then it needs to be taken down several notches. Paterno is dead, hopefully the others wind up in jail and it seems logical that what they were protecting above children being raped and brutalized and victimized gets taken away. Yes, there will be innocent people effected by this, but seriously when is life fair to everyone.

  • Stat1124

    Why should the media stop calling for the death penalty when the NCAA is showing grounds for action. A good rebuttal article about that is here: http://www.digitalphoenix.biz/arising/dpmg-blog/74-blog/485-pennstate-deathpenalty.html

  • TRS

    No specific NCAA rules violations? NCAA seemed to think differently when the grand jury report was first released. The Freeh report would seem to confirm the violations. Read the below letter from the NCAA to PSU:

    http://www.ncaa.com/content/ncaa-letter-penn-state

    The reason you shut down the program is punitive and to make sure the culture that created this cover up is cleansed.

    • richabbs

      You will have to “put down” every major college football program in the country if you want to legitimately change the culture that created this cover up. Did giving SMU the death penalty for recruiting violations change other schools? Absolutely not. In fact, violations have gotten worse. You won’t change anything in college sports until you get rid of all the money in college sports.

      • TRS

        Sure “put down” every major program that engages in a cover up to hide a major crime.

      • TRS

        Instead of “other programs break rules…we are not alone…” address the NCAA letter to PSU that defines the rules they broke. PSU football is going to rightly get shutdown for a LONG time.

  • David

    Joe Paterno IS an ACCESSORY TO CHILD RAPE. ITS THAT EASY. University President Spanier also an ACCESSORY TO CHILD RAPE, etc. Pete Rose can’t go to the hall of fame for betting on baseball after his playing days were over, maybe its time the players started getting paid and the ncaa lost its exemption because they clearly have no morals if they think this is okay.

  • TheHammer

    Why keep protecting this place? Life ain’t fair – too bad Happy Valley.

  • iamwhatiam

    I was browsing the internet to see if there is any activism going on with issuing the “death penalty”. IMO, it is striking how logical the “kill the program” messages are on this thread, and how grasping for straws the “we don’t deserve” it comments appear. Seriously folks, if football created this situation at Penn State/Happy Valley then some governing authority, and I agree it would be best if it was PSU itself, needs to step in and say enough in a very big way. 1 year does not strike me as even close to appropriate — make it 5.I get that people with a vested emotional or financial interest in Penn State football will “innocently” suffer. Along with the rest of us they can reflect on what really should be the priority with athletics.

  • Mark

    I believe the whole truth will come out and will show that an 80 yr old man didn’t understand what child molestation truly meant. If it weren’t for this stuff being piped into our living rooms many others wouldn’t understand how disgusting it were today. It is a well know fact that Paterno didn’t even use email in 2010. How many 70 yr olds were using it in 2001?

    Look what the media did to the kids from the Duke Lacrosse case

    Time to put the pitchforks down and try to get the facts from the defense. A absolute tragedy has occurred and don’t we all think that the truth needs to come out for the benefit of the victims?

    Someone will go down…. Definitely 3 men need to. I think it is too early to write off the entire legacy of a dead man who can’t even answer these charges

    This is a criminal issue and should be treated as such

    Has anyone considered the Pennsylvania taxpayers who will foot the bill for the law suits pending? Will our president bail out this state?

    Time for everyone to take deep breath and use their brains instead of their emotions. A good start would be to shut off the tv and stop searching this on the Internet

  • Bruce Tredinnick

    Thank you Jim for showing some sanity in this media feeding frenzy. You are so correct in describing a media culture of anger and controversy that dominates the headlines. Your thoughtful, researched article is so refreshing.

  • Morgan

    You spent way too much time writing when all you had to type was this:

    “I care about football. I don’t really care if a football program protects child molestation. Play on.”

  • tokencode

    PSU’s football program deserves to be killed off. Consquences in the community rest solely on the heads of those who perpetrated these henious crimes and acted to cover them up. This was not some lone coach, this was an institutional cover-up reaching the highest levels. The cover-up was done in order to protect football, it is only fitting that the cover-up results in the destruction of the football program it was intended to save to show that covering up the sexual abuse of children is never the right decision. I’m not the media and it’s not about shouting the loudest, it is about sending a clear message and setting a precedent for the future.

  • http://pulse.yahoo.com/_3EKCDUKBPDXUIORPZ25LX3V5QQ DAVID K

    The NCAA is an Imperialist organization – violating their own internal rules and policies. Forget “rule of law” here. Dictatorship and the iron boot.

    Not 1 football player had anything to do with this ever! But why let that bother you.

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