The NCAA, Sanctions, and the Opining

“SMU got the death penalty for paying players.  What the NCAA did is not enough for what happened at Penn State. These were boys, they knew, and they did nothing.”

“You are punishing people who had nothing to do with what happened.  You are destroying small businesses and making students pay for something they didn’t do. The NCAA is wrong.”

There you have it – polar opposite views on the NCAA’s decision to impose monetary fines, scholarship limits, bans on post-season play, and stretch it all out for four years. Generally speaking, the poles have it wrong.  In fact, in
this case, the poles missed the issue.

The NCAA recognized that it was dealing with more than the inaction in response to continuing reports about Mr. Sandusky’s showers of horror.  The criminal convictions of Mr. Sandusky, the civil recoveries that await the young men who were his victims, and even the terminations of coaches, athletic directors, and university administrators only scratch the surface of the problem.  What Mr. Freeh recognized in his report and the NCAA has attempted to address is this question:  How do you fix a culture so that misconduct does not occur again?  The exit of the
perpetrator, his complicit colleagues, administrators, and trustees is no guarantee that violations of NCAA rules or the laws of the land will not happen again.  Indeed, the reaction of the local business people gives us a taste of what we are dealing with – football is everything in State College, PA.

Those who knew about Sandusky have been banished through termination (jobs and life). Those who see the football program as their lifeblood have this reaction:  You are ruining us and we did nothing!  The second half of that compound sentence is key to understanding why the community will feel the pain of what some would describe as a few who lost their moral and ethical compasses in the name of preserving the football program. “We did nothing.”  The local prosecutor declined to pursue the Sandusky matter.  The trustees did not even live up to the basic duty of a board member of asking the president what happened with an issue he had raised with them months before.  “All deference to football” was the community motto. Nor was the Sandusky tragedy the only situation in which the judgment of Penn State officials with regard to football was conduct was questionable.

In 2005, Dr. Vicky Triponey, the vice president for student affairs, troubled by Coach Paterno’s wishes to keep problems with players quiet, wrote to senior administrators, “I am very troubled by the manipulative, disrespectful, uncivil and abusive behavior of our football coach.”

In 2007, about two dozen Penn State players forced their way into a campus party. The result was a melee with six of the football players facing criminal charges.  The kinds of charges that make their way into the news.  Read more: http://www.philly.com/philly/sports/colleges/163319246.html?page=2&c=y#ixzz21UuJrCnd

http://www.collegian.psu.edu/archive/2007/09/14/student_affairs_loses_leader.aspx

http://chicago.cbslocal.com/2012/07/09/new-e-mails-paterno-manipulative-disrespectful-uncivil-and-abusive/

Two of the players were convicted of assault.  Yet, not a one of them ever missed a single game. Dr. Triponey witnessed interference from Mr. Paterno and other university officials in the discipline process in what was already a public case. She was outraged and wrote an e-mail protest to Penn State’s president, yes, the one who got the boot after the Sandusky charges emerged:

“I would respectfully ask that you do something to stop this atrocious behavior before this team and an entire generation of Penn State students leave here believing that this is appropriate and acceptable behavior
within a civil university community.”

Dr. Triponey, vetoed and out-manuevered, left Penn State.  Her academic career was quite nearly destroyed by Mr. Paterno, who once referred to Dr. Triponey on a radio show, a PhD who was a vice president as, “that lady in Old Main.” When a coach is mocking the university administrators, you have trouble.  And when a university’s student disciplinary officer resigns following a dust-up over discipline for football players, it is akin to an auditor leaving after management protests the auditor’s findings.  There are troubles.

Yet, the community chose to continue to offer its deference in the name of the business interests and all that the Nittany Lions brought to State College.  They were all living to preserve a myth.  Penn State’s football program suffered from the same sort of imperialism that grips too many academic administrators, fans, alums, and, yes, the symbiotic (think: dependent) businesses. It’s a sort of deal with the devil that they want to continue to believe is a deal with angels because so much good comes from it for the town, the students, the reputation of Penn State itself.

Deals with the devil always end badly because, well, the devil knows no limit on evil, and Sandusky was evil writ large.  If you are beholden to a master, you do the master’s bidding, including the task of remaining silent even as innocents are harmed.  Ah, therein lies the rub.  The punishment may be more fitting than the poles are willing to acknowledge.  The punishment for innocents being harmed is that those who claim innocence are also harmed, and in their minds, unfairly and unjustly.

The NCAA has done what courts, prosecutors, and free markets do to companies all the time. For example,  folks still tell the Barometer that it was but a few bad apples at the audit firm, Arthur Anderson, who were responsible for Enron.  Nonetheless, the whole firm went down.  Those who worked for Anderson and were nowhere near Enron, nay, not even near Houston, lost their jobs. Why?  Ask any of them and although they cannot tell you what went awry at Enron, they can tell you all about the drivers in their culture that impaired the judgment of so many.  Yet, they lived with the culture because they all benefited from the the conflicted, but well compensated, auditors who were also doing lucrative consulting for the clients to whom they were giving their financial imprimatur.

So it is with the innocents of State College.  They knew, but they lived with it because so much was at stake economically.  Would you sell your soul for …….?  The NCAA is trying to send the signal that we are all accountable for the actions precisely because we enjoy the benefits. The Faustian bargain of riding on the coat tails of an athletic program is one risky proposition.  Rich pay-outs and risk walk on the same side of the street.  State College now grasps the risk side of the years of high pay-outs. That reality is difficult face and economically brutal, but innocence is not an accurate counter to the harshness of tbe NCAA’s penalties’ ripple effect. When you make your gains through the success of others, you also share in the losses of their staggering missteps.

About mmjdiary

Professor Marianne Jennings is an emeritus professor of legal and ethical studies from the W.P. Carey School of Business at Arizona State University, retiring in 2011 after 35 years of teaching undergraduate and graduate courses in ethics and the legal environment of business. During her tenure at ASU, she served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. In 2006, she was appointed faculty director for the W.P. Carey Executive MBA Program. She has done consulting work for businesses and professional groups including AICPA, Boeing, Dial Corporation, Edward Jones, Mattel, Motorola, CFA Institute, Southern California Edison, the Institute of Internal Auditors, AIMR, DuPont, AES, Blue Cross Blue Shield, Motorola, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VIAD. The sixth edition of her textbook, Case Studies in Business Ethics, was published in February 2011. The ninth edition of her textbook, Business: lts Legal, Ethical and Global Environment was published in January 2011. The 23rd edition of her book, Business Law: Principles and Cases, will be published in January 2013. The tenth edition of her book, Real Estate Law, will also be published in January 2013. Her book, A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Her book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin’s Press in July 2006 and has been a finalist for two book awards. Her weekly columns are syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She has been a commentator on business issues on All Things Considered for National Public Radio. She has served on four boards of directors, including Arizona Public Service (1987-2000), Zealous Capital Corporation, and the Center for Children with Chronic Illness and Disability at the University of Minnesota. She was appointed to the board of advisors for the Institute of Nuclear Power Operators in 2004 and served on the board of trustees for Think Arizona, a public policy think tank. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News. In 2010 she was named one of the Top 100 Thought Leaders in Business Ethics by Trust Across America. Her books have been translated into four different languages. She received the British Emerald award for authoring one of their top 50 articles in management publications, chosen from over 15,000 articles. Personal: Married since 1976 to Terry H. Jennings, Maricopa County Attorney’s Office Deputy County Attorney; five children: Sarah, Sam, and John, and the late Claire and Hannah Jennings.
This entry was posted in News and Events. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.