<p>Not sure what to make of Emmert’s position (also made by several on this thread) that the death penalty was inapproporiate because it would punish innocent students, local businesses, etc… I suppose that Emmert is suggesting that the death penalty has, in fact, died. It would seem that the death penalty would always impact persons who have little or nothing to do with rules infractions (unless one is to conjure a scenario whereby 51,000 students and untold local businesses conspired with the administartion to violate NCAA rules). Furthermore, other (less draconian) sanctions also affect the innocent, current players and coaches did not cheat, yet are punished by the NCAA through less funding, less talented teammates, etc.</p>
<p>An organization, having selected leaders, and acting through those leaders, must be bound by their acts. By way of example, when a corporation fails to pay their taxes, or otherwise acts unethically, the government imposes sanctions on the corporation, regardless of whether the officers and directors have been removed; as it must. The absense of entity level enforcement creates a lack of entity level deterence. Without entity level penalties, corporate, or institutional, malfeasance would be out of control (insert Enron joke here).</p>
<p>So if you accept that the NCAA must enforce sanctions against the entity (and you certainly may disagree) then it seems to me that there were only two logical alternatives. </p>
<p>First, the NCAA could have foregone enforcement action, relying on the fact that there was no apparent specific major infraction. A reasonable and defensible position.</p>
<p>Second, the NCAA could have issued the death penalty. Penn State turned the keys to the university over to an administration that willingly bartered the rape of children for the glorification of athletics. Having determined that sanctioning action was appropriate, anything less than maximum sentencing is absurd. Would fifty abuse victims justify the death penalty? Fifty university leaders participating in the enablement and coverup?</p>
<p>The NCAA, predicatbly, sought middle ground. And a split baby is an ugly mess.</p>