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Abstract

Abandoning NCAA established enforcement procedures, President Mark Emmert, through powers granted to him by the NCAA Executive Committee, levied unprecedented sanctions on Pennsylvania State University. In the process, the NCAA required Penn State to sign a consent decree that forfeited any rights to appeal, or Penn State would face a four-year death penalty that would decimate its storied football program. Questions arise as to whether the circumstances at Penn State rose to the level of requiring NCAA Executive Committee action and specifically whether such indiscretions challenged NCAA core values, such as academics or athletics competition, and the propriety and wisdom of Emmert’s exercise of executive authority to change the culture of big time college sport. The authors offer a new model for adjudicating alleged rule violations that improves fairness to member institutions and accused professionals, while instilling greater public trust in the process.

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