Trustees Respond to Criticism of Lawsuit


Recently, a fellow member of the Penn State Board of Trustees, Keith Eckel, wrote an editorial in which he criticized a “well-funded and highly vocal constituency” that, in his view, has employed a “burn it all to the ground” approach to the business of the university.

While it is not entirely clear who Mr. Eckel is referring to in expressing his views, as the five current Trustees who recently joined a legal action against the NCAA and its President, Mark Emmert, we feel obliged to respond.

We as trustees support the governance changes and improvements that were recommended by Louis Freeh in his report, are being implemented at Penn State, and monitored by Senator George Mitchell.

 

Institutions must grow and adapt to changing times and challenging circumstances and we are proud to be part of that effort at Penn State.  We certainly do not subscribe to the “burn it the ground” approach of which Mr. Eckel speaks in his piece.

Our issue, and the reason we have joined others from the Penn State community in the recently filed legal action, is the complete failure of due process afforded Penn State by the NCAA.

Under its own constitution and bylaws, the Association owed Penn State certain fundamental rights and the adherence to rules and procedures designed to provide fairness to a member institution.  These rights were not only due to the University, but to intended beneficiaries of the membership agreement, including student-athletes, coaches, faculty and administrators.

In discharging our legal and fiduciary responsibilities as trustees, it is not incompatible that we may challenge and seek relief from the unprecedented and unlawful actions of the NCAA, and at the same time embrace the governance improvements that have arisen therefrom.

It comes down a distinction between the flawed and unsupported factual findings contained in the Freeh Report leading to the rushed imposition of crippling sanctions against Penn State — which we do not accept, and the Freeh Report’s recommendations for improved governance, leading to an enhanced environment for learning and academic pursuits at this great institution — which we enthusiastically accept and support.

Al Clemens

Peter A. Khoury

Anthony P. Lubrano

Ryan J. McCombie

Adam J. Taliaferro

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s