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Timing of Corbett's NCAA challenge raises eyebrows

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Gov. Tom Corbett's interest in challenging the severe sanctions the National Collegiate Athletic Association imposed on Penn State in July raised questions Wednesday about his political motivations .

Mr. Corbett, who originally supported the NCAA's action as a part of the "corrective process" following charges of a child-sex abuse cover-up at the university, sued the organization Wednesday and asked a federal judge to promptly overturn the penalties.

By imposing sanctions for a noncompetitive matter, as opposed to more common recruiting or academic violations, the NCAA went far beyond the scope of its bylaws, breached federal antitrust law and harmed the state's economy, Mr. Corbett's lawsuit said.

The sanctions - including a $60 million fine, a four-season bowl ban and the elimination of 20 football scholarships - "are an attack on past, present and future students of Penn State, the citizens of our commonwealth and our economy," Mr. Corbett told reporters Wednesday in State College. "As governor, I cannot and will not stand by and let it happen without a fight."

Mr. Corbett acted Wednesday without the support of Penn State, suing the NCAA on behalf of the residents of Pennsylvania, rather than the university. Penn State spokesman David La Torre said the university remained committed to "full compliance" with the sanctions.

Mr. Corbett's critics said the timing and lack of university support for his fight - in the midst of the first of four bowl seasons without the Nittany Lions and nearly six months after Penn State President Rodney Erickson agreed to the sanctions - smacked of political maneuvering after months of poor press and polling on his handling of the child-sex abuse scandal.

State Sen. John Yudichak, D-Plymouth Twp., said he welcomed Mr. Corbett's interest in reversing the NCAA's "rush to judgment" against Penn State, but wondered: "Does the lawsuit have merit or is this just politics?"

John Hanger, a Democrat challenging Mr. Corbett's re-election in 2014, called Mr. Corbett's handling of the child-sex abuse case "a fiasco," and said no actions or lawsuits could "undo the damage he has done to Penn State and other state universities."

G. Terry Madonna, the director of the Center for Politics and Public Affairs at Franklin and Marshall College in Lancaster, called the lawsuit Mr. Corbett's "boldest move" - surpassing even his prosecutions, while attorney general, of legislators who enlisted workers to handle campaign duties on state time.

"It's either an absolutely brilliant move politically or it ends up being a political quagmire for him," Dr. Madonna said. "It's hard to figure out if it's going to be a disaster."

Wilkes University political science professor Tom Baldino said Mr. Corbett's sudden focus on Penn State seemed incongruous with the myriad issues facing the state, including the need for financing highway repairs, fixing the state's pension system, and funding public education.

"It's a bit surprising that the first major statement from the governor in 2013 is about Penn State," Dr. Baldino said.

The impact on Mr. Corbett, who holds the lowest job performance rating of any Pennsylvania governor in modern history, according to Dr. Madonna, will likely hinge on the outcome of the lawsuit.

A victory and the reversal or reduction of the sanctions could coalesce renewed support for Mr. Corbett among Penn State alumni and fans angered by his multiple roles in the case. A loss could sharpen that anger and underscore the scandal as a central issue for candidates contesting Mr. Corbett's re-election. A protracted court battle could also prove detrimental.

"Suppose the injunction were granted and the sanctions temporarily put on hold," Luzerne County First Assistant District Attorney Sam Sanguedolce said. "If, in three years, the NCAA were victorious then Penn State would live under this specter during that whole time only to have the penalties reinstated and suffer the consequences into the future. This action would essentially hamper recruiting, among other things during that entire period, which is very impractical."

As attorney general, Mr. Corbett launched the investigation that led to the arrest of former Penn State defensive coordinator Jerry Sandusky and three university officials accused of covering up his abuse, and then bore criticism for the painstaking nature of the case.

As governor, Mr. Corbett has served as an ex-officio member of the Penn State board of trustees. Days after Mr. Sandusky's November 2011 arrest, Mr. Corbett reminded his colleagues of the mysterious "boy in the shower" - whose 2001 abuse went unreported to the authorities - before they voted to fire Joe Paterno.

Despite the scandal and the sanctions, Penn State's football team won eight out of its last 10 games after an 0-2 start. The Nittany Lions regularly played before more than 90,000 fans at the 108,000-seat Beaver Stadium, many of whom packed restaurants and hotels in the State College area on football weekends.

"There are some giant legal steps that the lawsuit makes without any sort of justification or any sort of backing or evidence behind it," former Luzerne County Deputy District Attorney David Pedri said. "If you look at what the governor is actually intending here, where is the harm to the state of Pennsylvania and how is that going to be proven in the court of law?"

Contact the writer: msisak@citizensvoice.com, @cvmikesisak


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