NCAA seeks dismissal of Paterno family's suit on sanctions

Oct. 30, 2013 at 9:20 AM
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BELLEFONTE, Pa., Oct. 30 (UPI) -- An NCAA attorney said the late Penn State head football coach Joe Paterno's family and others lack standing to challenge NCAA actions against the university.

After Tuesday's hearing, Centre County Senior Judge John Leete said his written decision on the NCAA's motion to throw out the Paternos' case would come in "due course," the Pittsburgh Post-Gazette reported.

The lawsuit was filed in late May by 21 plaintiffs -- family of the late former Penn State University football coach, former coaches and players, Penn State trustees and Penn State faculty -- and sought to overturn NCAA sanctions imposed on Penn State in July 2012 and a declaration of wrongdoing arising from the child sexual abuse scandal involving former assistant football coach Jerry Sandusky.

By a consent decree based on a report critical of the university's conduct in the Sandusky scandal, Penn State agreed to the sanctions, which included a four-year ban on bowl appearances, a reduction in the number of scholarships, the vacating of wins and a $60 million fine.

On Tuesday, NCAA lawyers argued the suit should be dismissed on the grounds that none of the 21 plaintiffs have standing against the NCAA and couldn't specify how the organization harmed them, the Post-Gazette said.

NCAA attorney Everett Johnson said none of the actions could have been made without Penn State being involved. The university is isn't a part of the lawsuit.

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