...and here we go...
See, this is stupid..but pretty predictable, and I think the NCAA is vulnerable. I wish PSU would go away and take the punishment. But I figured this might end up in court. Folks can feel Emmert was justified in pretzeling LOIC...but it was never used in the context of anything other than a descriptor of a situation that lead to multiple rules infractions...there were no NCAA rules infractions at PSU...Somebody Was going to see that as a problem...eventually.
...hope the NCAA gets lucky and gets a judge with more vision than they, the NCAA themselves have demonstrated.
My first wish is that the judge tells PSU...no way ...you agreed to this style of justice by joining the NCAA. Take it, and move on. No case.
...but don't be shocked if a judge looks at the entire thing as the NCAA usurping the role of the justice system. Said judge then looks at it such that the NCAA tortured the definition and precedence associated with LOIC, and from that flawed basis issued punishment...
In a nutshell, I don't think a judge would be wrong-headed if he/she was thinking...hey, moral outrage from the public is not really a defense for making sh!t up as you go...this is a big enough change in interpretation that I would expect some due process in your organization to adopt this, and by definition that'd be after PSU's transgressions, and the NCAA and the BIG already had remedies outside this LOIC thing that would have dealt with PSU without changing a thing...whats the deal? NCAA you at least have some splainin to do w/regard to your behavior...case goes forward. Uh OH!
little CCR now...
I see the bad moon arising.
I see trouble on the way.
I see earthquakes and lightnin'.