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Corbett vs Ncaa 01022013

Corbett vs Ncaa 01022013

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Published by: PennLive on Jan 02, 2013
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irreparable harm to each of these markets through the removal of a major competitor.

Rarely, if ever, in the history of college sports has the NCAA imposed sanctions as

severe as those forced on Penn State. The handful of situations that most closely

resemble the Penn State sanctions, however, suggest that the sanctions are likely to

have the following irreparable damaging effects on Penn State:

(a) A decline in the success of the football team during the four-

yera period in which the sanctions are imposed, as a direct result of the

reduction in the number of available scholarships, the inability of Penn State

to promise high school recruits that they will have the oppotrunity to

compete for a national championship, and the ability of existing Penn State

players to transfer to other schools without penalty or to leave the Penn State

football team without losing their athletic scholarships.

(b) A decrease in the success of the football team beyond the four-

year peirod in which the sanctions are imposed. The effects of the sanctions


Case 3:02-at-06000 Document 1 Filed 01/02/13 Page 35 of 43

are likely to become more pronounced with each progressive year during the

period of the sanctions as an increasing number of "blue chip" recruits

shun Penn State for other programs that do not face Penn State's competitive

disadvantages. By the time the sanctions period is complete, the

anticompetitive harm inlficted by the NCAA will have caused severe

damage to Penn State football, and the program that once attracted recruits

from across the nation will be unrecognizable to a new generation of high

school football players who can remember Penn State only as a

noncompetitive program. This is precisely what happened when the NCAA

imposed the "death penalty" at Southenr Methodist University for only a

single season. The team had only one winning season over the following

twenty years.

(c) A significant decline in the Penn State football program's role

as a revenue-generator for the university. As a result of the loss of revenue,

Penn State necessarily will be required to either (i) reduce the availability

and/or quality of some of its programs and/or (ii) raise tuition, either of

which will necessarily have an adverse effect on Penn State's status as a

first-rate university and on Penn State's ability to attract the quality and

quantity of student body that has contributed to Penn State's success. These

effects, in turn, can be expected to harm the university's ability to compete


Case 3:02-at-06000 Document 1 Filed 01/02/13 Page 36 of 43

for high-quality faculty and research programs, which in tunr will further

affect Penn State's attractiveness to incoming students, creating a downward

spiral. Indeed, there is already empirical evidence of this harm. According

to one recent news report, Penn State's football program has already

dropped significantly in profits in 2011-2012: "Perhaps most glaringly

absent from the top 10 most profitable programs is Penn State, which held

the second spot just a year ago and third the previous year. Atfer a

tumultuous year off the field, Penn State fell to 11th place" with a 10%

decrease in revenue.

(d) Reduced alumni interest in the Penn State football program,

which will likely result in reduced alumni contributions to Penn State.

(e) Irreparable injury to the quality of campus life at Penn State.

For more than fotry years, Penn State has rallied around its football team,

and the role that Penn State football plays in campus life has been important

to Penn State's ability to attract students from within and outside the

Commonwealth. The inevitable decline in the football program that will

result from the NCAA sanctions threatens to significantly and irreparably

injure Penn State's use of this invaluable recruiting tool.

(f) Irreparable injury to the "brand" of Penn State football. As the

fate of the football program on the field declines, apparel and memorabilia


Case 3:02-at-06000 Document 1 Filed 01/02/13 Page 37 of 43

sales can be expected to decline as well. As difficult as it will be to rebuild

the on-field success of Penn State football, rebuilding of the Penn State

football "brand" will be far more difficult, and will take far longer, than

reassembling a winning football team.

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Louis Zona added this note
Did anyone else notice Section H, line 61, the words "is beyond dispute" in the first sentence? This is an outright misleading position. There is considerable dispute with at least 4 court cases with several already on the docket that do disagree with that. This statement serves only to protect the governor and his bid for reelection from scrutiny since he was the primary catalyst for the firi
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