Ryan McCombie, a member of the Penn State University Board of Trustee, sent a letter to the National Collegiate Athletic Association (NCAA) Monday evening indicating intent to appeal the sanctions posed on the university as a consequence of the cover-up scandal in the Jerry Sandusky, former football coach, child-sex abuse case.
McCombie told Philly.com, "I know my actions will be poorly received by some on this board and in the community at large. To that end it would be easier to remain silent and allow these unfair actions to remain unchallenged. I cannot do this."
Paul Kelly, attorney of McCombie, sent the letter to the NCAA. The letter was also signed by a number of other trustees who agree that the $60 million fine, among other things, was too harsh a punishment on the institution and that the university deserved a fair trial.
The NCAA released a statement through its spokesman Bob Williams regarding the matter stating, "The Penn State sanctions are not subject to appeal," as reported by Philly.com
McCombie's action directly opposed the university President Rodney Erickson's desires to comply with the sanctions.
The university faces $60 million in fines imposed by the National Collegiate Athletic Association (NCAA) for the Sandusky cover-up, $10 million in investigative and public relations expenses and of course millions in settlements with victims. In addition, the university received a five year ban on playing football.
The announcement of McCombie's request for appeal comes a week after PSU president Rodney Erickson told Bob Schieffer in a CBS interview of "Meet the Nation," that the university was adequately prepared financially to resolve the various lawsuits it faces (or will face) in light of the former football coach Jerry Sandusky's child sex-abuse scandal and the consequential cover-up revealed in the recently released Freeh Reports.
He also expressed, on behalf of the university, willingness to comply with the sanctions and work towards resolving matters with victims and families to their satisfaction. Erickson iterated that "like any University our size, we believe we are adequately prepared."
However, soon after the interview, reports suggesting the contrary started to make wave on the internet, suggesting that the university will face serious difficulties in fulfilling the NCAA penalties.
According to the 2011, the University made approximately $1.4 billion from tuition, which is the institution's main source of income.
The institution's insurers Pennsylvania Manufacturer's Association Insurance co- the Blue Bell Company has refused to pay general liabilities. The company filed a plea in January that its general-liability, directors & officers policies will not cover any liabilities caused under the Sandusky scandal.
According to Boston Herald, the university can neither claim sovereign immunity because it "does not typically protect even publicly supported schools from serious liability claims," according to Bostonherald.com
According to a statement released by the university, no philanthropic funds will be used to make payments involved with the scandal. As the nation waits to see what is to become of the university in the next chapter of this disastrous chapter, it remains to be seen if Erickon's claims hold true.
In May, Jerry Sandusky was convicted on 45 counts of child sex-abuse and molestation during his reign as assistant football coach at PSU. The 68 year-old, is currently in Centre County prison awaiting his sentencing. He could face a maximum sentence of 373 years. Recently, former FBI director Louis Freeh released a report that implicated top university officials in a meticulous cover-up of the various allegations against Sandusky. The officials implicated included among others the much revered coach Joe Paterno.
