By Ellen Wulfhorst
Jan 2 (Reuters) - Pennsylvania Governor Tom Corbett filed a
lawsuit on Wednesday demanding that sanctions imposed on Penn
State University over the Jerry Sandusky sex scandal be thrown
out, saying they threatened to devastate the state's economy.
Corbett called the sanctions imposed by the National
Collegiate Athletic Association, or NCAA, which include an
unprecedented $60 million fine, "overreaching and unlawful."
"I cannot and will not stand by and let it happen without a
fight," the Republican governor, who was accused of dragging his
feet on the Penn State scandal when he was state attorney
general, told a news conference.
A lawsuit Corbett filed with U.S. District Court in
Harrisburg called for all Sandusky-related sanctions imposed on
Penn State to be thrown out.
Sandusky, Penn State's former defensive coordinator, was
convicted in June of 45 counts of sexually abusing 10 boys over
15 years, some in the football team's showers. The scandal
implicated top university officials in a cover-up, including the
late Joe Paterno, its longtime head football coach.
The NCAA, the governing body of U.S. collegiate sports,
fined Penn State $60 million for failing to stop abuse by
Sandusky. It also voided its football victories for the past 14
seasons and banned its football team from bowl games for four
years.
Corbett's suit charged the NCAA and "competing colleges and
universities represented on its governing boards" had "cynically
and hypocritically exploited" the case "to impose crippling and
unprecedented sanctions on an already weakened competitor."
The suit said stigma from the case would diminish
recruitment of students and student athletes and the value of a
Penn State education for decades.
According to Corbett's office, Penn State football was the
second most profitable collegiate athletic program in the United
States in 2010-11, when it brought in $50 million, generating
more than $5 million in tax revenue.
Corbett, who spoke at State College, where Penn State
University is located, said the NCAA had overstepped its bounds
and the case was "a criminal matter, not a violation of NCAA
rules."
Penn State University released a statement saying it was not
party to Corbett's lawsuit and reiterated its commitment to
comply with the NCAA sanctions. The university recently made the
first payment of $12 million of the fine to a national fund to
support victims of child abuse.
'WEAK CASE'
A Philadelphia-based attorney who has followed the case
closely questioned its chances of success and said it was
unclear if Corbett had the legal authority to file such a suit.
"It's not a frivolous lawsuit - there are real arguments to
make - but, boy is it weak," said Max Kennerly, adding that
courts had generally sided with the NCAA on sanctions issues.
James Schultz, general counsel for the Commonwealth of
Pennsylvania, said the governor had a legal right to sue, as he
was acting on behalf of residents and businesses "collaterally
damaged" by the NCAA sanctions.
He said the sanctions harmed the state's tax revenue base
and those relying on revenue from Penn State's football program.
NCAA General Counsel Donald Remy said the lawsuit appeared
to be without merit and was "an affront to all of the victims"
whose lives were destroyed by Sandusky.
The Survivors Network of those Abused by Priests, a group
that takes aim at sex abuse in the Catholic Church, but has also
been vocal in other cases, criticized Corbett's action.
"At best, his lawsuit is frivolous," the group said in a
statement. "At worst, it threatens to delay or derail millions
of dollars that would otherwise be devoted to protecting
children."
The Sandusky scandal was revealed by a grand jury Corbett
convened in 2009 when he was Pennsylvania's attorney general.
State Attorney General-elect Kathleen Kane, a Democrat, has
pledged to probe Corbett's handling of the case. She said last
year that by convening the grand jury, Corbett failed to protect
children by delaying prosecution for more than two years.
Corbett has said he would welcome an investigation.
Pennsylvania voters have also expressed dissatisfaction with
Corbett's handling of the case. A Franklin & Marshall College
survey of registered voters in September found that nearly
two-thirds thought he had done a fair or poor job.
But Terry Madonna, a professor of public affairs at Franklin
& Marshall and director of the poll, said the lawsuit would be
popular among Pennsylvanians, even though Corbett might be
accused of trying to further his own political ends.
The Franklin & Marshall poll found more than half of the
Pennsylvania residents surveyed considered the sanctions unfair.
On Wednesday, Corbett denied any political motivation.
Kathy Punt, manager of a State College motel used by
football fans, said her business had dropped 30 to 40 percent
this past autumn as fewer people attended games. "We didn't get
the Penn State fans who usually come in," she said.
(Reporting by Jonathan Stempel, Daniel Trotta, Dan Burns, Peter
Rudegeair and Dave Warner)
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