By David Madden
PHILADELPHIA (CBS) – There’s been a lot of talk about a possible appeal on the sanctions imposed by the NCAA upon Penn State in light of the Jerry Sandusky sexual abuse case. But how much of a chance does any appeal really have? Not much, according to a local legal expert.
From Joe Paterno’s family, to a couple of trustees, to a few former players come complaints that the actions were unfair, far from the norm, etc.
Center city attorney Daniel Cevallos believes the NCAA has made it clear the penalty is not appealable, leaving a trip to federal court as the only other reasonable option. He thinks there’ll be a due process claim filed at some point, but that only applies to governmental agencies.
“The courts are not likely to hold that the NCAA constitutes a government action and, instead, it’s an association.”
In effect, while those filing appeals may not like what was done, there’s little they can do about it legally. Now the court of public opinion, that’s another matter.