The NCAA today brought by State Senator Jake Corman that seeks to prevent any money Penn State pays towards its obligations under the Consent Decree from going to child abuse victims outside of Pennsylvania. Senator Corman relies in part on the newly enacted Pennsylvania Institution of Higher Education Monetary Penalty Endowment Act (the “Endowment Act”) to support his lawsuit, but the NCAA has challenged this new law as unconstitutional and unenforceable in a separate federal lawsuit. Pennsylvania law cannot control how an organization like a private endowment can donate its money. Further, Senator Corman does not have the legal authority to try to enforce laws, and his lawsuit cannot go forward without the involvement of Penn State.
“We believe Senator Corman’s lawsuit has no merit, and that he is not empowered by law to even bring the case,” said Donald Remy, NCAA chief legal officer. “The NCAA’s pending federal court action involves the proper Pennsylvania government officials and will determine whether the Endowment Act is constitutional and imposes any obligations on the NCAA. Senator Corman sought to avoid federal court review of the Endowment Act by getting into state court the morning the Governor signed the Endowment Act, but we do not believe this gambit will be successful.”
The NCAA’s motion to dismiss can be found by .