Joshua D. Fulmer, Esq.

Dear Board Members:
 
It has come to my attention that an emergency meeting of the Board of Trustees has been scheduled for this evening to discuss and vote on the decision to enter in to a consent decree with the NCAA regarding the sanctions announced on Monday.
 
While I understand and appreciate the need for the University to move forward and to project a positive image to the outside world, I believe that succumbing to the demands of the NCAA and the pressure of the media are not in the best interest of the University.
 
There can be little argument that even viewed in the best possible light, certain members of the Administration failed in their handling of the Sandusky situation.  Even assuming that there was no ill intent, and instead only misguided mistakes by well-meaning men, the truth is they fell short.  Those shortcomings warrant repercussions.  There is great debate whether the NCAA had the authority to act in the manner they did, and I will defer to far brighter legal mines then my own to debate that issue. 
 
But in the end, the punishment does not fit the crime.  Due Process has not yet been served.  If Curley and Schultz are convicted, then perhaps severe sanctions are appropriate, but at this point in time, the mere failings of mortal men do not warrant the death blow that the NCAA has levied.  Even if Coach O’Brien manages to navigate us through the next four years and we come out the other side without much harm, our image will still be damaged.
 
A perfect example of how exaggerated the sanctions are can be seen in the decision to forfeit wins between 1998 and 2001.  The 1998 incident was investigated by University Police and DPW, and the case was marked as unfounded and charges were not filed.  As a criminal defense attorney I understand the low level of evidence required to file charges, or for DPW to resolve a case with at least an “indicated” status.  With absolutely no evidence of wrongdoing in 1998, what exactly were Coach Paterno, and the administration supposed to do?  Any action would have subjected the University to legal liability.  In that light, there is no basis for forfeiting wins prior to 2001.  It is clear though that the NCAA wanted to move Joe Paterno below Bear Bryant on the all-time wins list, and below 300 career wins, in order to strengthen the message they wanted to project to the world.  The NCAA is using Penn State as an opportunity to flex their muscles and make the world think they have the power to take these actions.  And they are able to do this because they know we will not stand up and fight against them.
 
Again, in the end, sanctions may be appropriate, but due process has not been served, and the interests of our University are not served by giving in to the NCAA at this time.  As such, I urge you all to vote to rescind the consent decree signed by President Erickson, and to contest these sanctions in every manner possible.
 
Warmest regards,
 
 
Warmest regards,
Joshua D. Fulmer, Esq.