Fact or Fiction: The NCAA Should Punish Penn State for Lack of Institutional Control

June 11, 2012; Bellefonte, PA USA; Jerry Sandusky arrives at Centre County Courthouse prior to the Jerry Sandusky trial. Mandatory Credit: Evan Habeeb-US PRESSWIRE

Jerry Sandusky is in jail and he won't be the first to go. The dominoes are already starting to fall as e-mail after e-mail comes out about the Penn State Athletic Department's alleged cover-up of the acts committed by Sandusky. This entire mess will be resolved through criminal and civil courts, you can bet on it. Even with all of that, there seems to be one glaring issue that remains unresolved.

What road does the NCAA take on this one?

On one hand, there is a pretty clear case of "Lack of Institutional Control" in a business sense. A massive cover-up that resonated throughout the athletic department at Penn State. You could make the case that the NCAA should hammer them based on the fact that it was a "failure to pursue" and it was related to athletics with a number of coaches and administrators involved.

On the other, the NCAA has never gone into these types of legal waters before. On a cursory glance, Penn State (the institution) did everything "by the book" in terms of NCAA rules and regulations. Typically, LOIC cases have to do with flaunting NCAA rules and regulations but nowhere in those bylaws does it mention criminal activity. In the strictest letter of the law, Penn State could be in the clear, NCAA-wise, as a result.

That leads us to today's Fact or Fiction question...

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