Write a 4 page paper in which you:
• Determine the fundamental ways in which the NCAA’s ethics program failed to prevent the scandals at Penn State, Ohio State, and the University of Arkansas.
o Support your response with one example from each of these schools’ scandals.
• Examine the principal ways in which the leadership of the NCAA contributed to the ethical violations of Penn State, Ohio State, and the University of Arkansas.
o Support your response with one example from each of these schools’ scandals.
• Predict the key differences in the scenarios that occurred at Penn State, Ohio State, and the University of Arkansas if an effective ethics program was in place.
o Provide a rationale for your response.
• Postulate two actions that the NCAA leadership should take in order to regain the trust and confidence of students and stakeholders.
• Recommend two measures that the HR departments of colleges and universities should take to prevent similar incidents from occurring in the future.
o Provide a rationale for your response.
Penn State Scandal
In 2011 accusations arose alleging that a former assistant coach of the Penn State football team sexually assaulted at least eight young boys over the course of many years. It was not long before the school itself was implicated in suspecting or knowing about the crime but not taking adequate steps to stop it. Two university officials turned themselves in to authorities after being accused of covering up the crimes.
According to investigations, the first report of potential misconduct between the former assistant coach Jerry Sandusky and an underage boy came in 1998. The report came to University police and the Senior Vice President for Finance and Business, Gary Schultz. This matter was investigated internally and resulted in no criminal charges based on a lack of evidence. In 2001 a graduate assistant allegedly witnessed the perpetrator sexually assaulting a young boy in the Penn State football team’s practice center. The graduate assistant reported the incident to Head Coach Joe Paterno, who staked his reputation on running a program known for ethics and integrity. While Paterno appeared to notify campus officials, the officials did not report the incident to police, allowing the crimes to continue. A later report conducted by former FBI director Louis Freeah indicated the coach and school officials covered up the crimes. This led to accusations that the school cared more about its reputation and the success of its football program than it did about the young victims. This case is even more serious as such misconduct does not just constitute an NCAA violation; it is a criminal act that harmed many people. Although Joe Paterno reported the crime to campus officials, some felt it was his responsibility to do more to ensure the crimes were reported to the proper authorities. The assistant coach continued to interact with young boys and be around the college campus after the reports were made.
The negligent behavior of Penn State officials, both within the administration and the football department, might be explained through the strength of the football program and the complacency of the university culture. Head Coach Joe Paterno had been at Penn State’s football department for more than 60 years at the time of the scandal. The way he ran the department indicated a reliance on old football standards and an inability or unwillingness to adapt to new ones. Unfortunately, this culture had pitfalls that did not hold up to modern ethical standards. Some reports claim that on different occasions he advocated that football players should not be held to the same standards as regular students, implying football players should be treated differently than other students by the university. When football players got in trouble with the law, Paterno felt the university should not take action but rather let the police deal with it. Although he butted heads with many people when it came to these views, school directors were on his side of the argument. This is likely because of the large amount of revenue the program brought into the school. According to one accusation, Coach Paterno used this revenue as a threat to stop all fundraising if a certain director he disagreed with was not fired. If these allegations are true, then Paterno created a culture within the football department wherein members did not need to be held accountable according to school regulations. This in turn indicates a complacent university culture when it came to the football program. The NCAA agreed the misconduct was partially the fault of the football program’s and Penn State’s complacency. In addition to the negative impact on the victims, Penn State suffered reputational damage and received a major blow to its football program. The NCAA imposed sanctions against Penn State costing $60 million in fines, a four-year post-season ban prohibiting the school from being eligible for any post games until 2016, and a four-year reduction in scholarships amounting to 10 scholarships per year for the football program. The football team’s wins between 1998 and 2011 were vacated; however, in 2015 the NCAA reinstated the wins after a legal battle. The 2015 lawsuit settlement also included a repeal of the 2012 NCAA sanctions and agreement by Penn State to spend $60 million on programs intended to prevent child abuse. Indeed, the penalties imposed by the NCAA drastically hurt Penn State’s football program’s ability to compete against other teams. In total, there were seven penalties placed on the university and athletics program combined. The NCAA’s actions demonstrate its commitment to ensure the activities that took place at Penn State do not happen again. Although Joe Paterno died of lung cancer in 2012, close to two months after he was fired as head coach, the Paterno family filed a lawsuit against the NCAA and its President on behalf of Penn State, citing the investigation conducted by former director of the FBI Louis Freeah—a report the NCAA relied heavily upon in imposing sanctions against Penn State—was seriously flawed in its conclusions of blame.
The NCAA also put 10 corrective sanctions on Penn State formulated specifically for them. The main corrective measure was that the university must sign an Athletic Integrity Agreement. In doing so, this allowed the NCAA to require Penn State to take corrective steps. These steps include hiring a compliance officer for the athletics department, creating a compliance council and a full disclosure program, adding internal accountability and certifications for this accountability, implementing an external compliance review/certification process, drafting an athletics code of conduct, conducting training and education, and appointing an independent athletics integrity monitor. All of the steps will be continuously updated to ensure the internal and external controls stay relevant. The NCAA’s goal for the corrective sanctions is to find and stop unethical behavior before it becomes a problem.
Ohio State
The Ohio State scandal was a result of rule violations from student-athletes and a subsequent cover-up of the violations by the coach. In December 2010, five players on Ohio State’s football team were suspended for using the gear the football team supplied to barter for cash and tattoos. Under the NCAA rules, it is illegal for a Division I football player to receive any benefit, such as a discount or favor, that is not offered to the public. Head Coach Jim Tressel became aware of the violation and failed to report it to the school for a period of nine months. This enabled the team to continue to play in games they otherwise would have been ineligible to play. In addition to the suspensions, the NCAA also banned Ohio State from a bowl game for one year, took five scholarships away for the following three years, and put the team on a one-year probation. When it was discovered Tressel had prior knowledge of the violation, the NCAA issued a five-year show-cause order, forcing him to resign and virtually ending his career as a coach in collegiate athletics. A college can hire a coach who has an outstanding show-cause order, but it may also face penalties for doing so. In addition, if a coach with a show-cause order does in fact get hired and makes a subsequent violation, the consequences will be far more severe on both the coach and the university. Most colleges will not take the risk of hiring a coach with this kind of label.
This was not the only violation found among members of the Ohio State football team. After the bartering scandal, the NCAA suspended three other players for accepting money from a booster. A booster is a fan who has a significant amount of money and invests in the team to build better facilities, contribute to scholarships, and sometimes influence who the coaching staff will be. However, student-athletes are prohibited from accepting money or gifts from boosters directly, and doing so is a direct violation of NCAA rules. Additionally, other players were suspended for being overpaid by the same booster for work completed during a summer job.
The NCAA placed these sanctions on Ohio State for failure to properly oversee its athletics program. Many of the administrators commented if they knew of the football players’ conduct, they would have taken corrective action against it. Ohio State took responsibility for its actions and cooperated with the NCAA investigation. The university imposed its own penalties against the football program, including vacating the 2010 season. Yet the NCAA made it a point to show the administrators it is their responsibility to know what is going on within their organization. Additionally, the NCAA also noted Tressel withheld information multiple times from NCAA investigators. In total, the sanctions cost Ohio State an estimated $8 million.
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