SIMMONS: … We couldn’t have a sports czar? Why not try it?
GLADWELL: It has to happen! Let me give you another argument for the czar, which is that he could finally put the NCAA in its place. I’m actually still angry about the way the NCAA treated Penn State after the Jerry Sandusky scandal. (And by the way, please call it the Jerry Sandusky scandal, not the Joe Paterno scandal. The person who molested young boys was Jerry Sandusky.) Now, I’ve written, in The New Yorker, about how we falsely assume that catching child molesters is really straightforward, and that anyone who has a child molester in their midst must be guilty of some kind of cover-up.
That’s nonsense. The skilled ones, and Jerry Sandusky was very skilled, are consummate con men. So I tend to be a good deal more forgiving of Paterno than most. There’s a reason why clinical psychologists receive extensive training, and that’s because spotting predatory behavior requires extensive training. (If you doubt this, just spend an afternoon in the library reading the psychological literature on child molesters. It will chill you to the bone. Many go for years without being caught, because child molesters are really good at concealing their crimes.) But let’s leave that question aside for a moment and just consider the technical question here.
A former employee of Penn State University is suspected of molesting children. He is arrested and charged by the authorities. The university has a set of internal procedures designed to deal with those kinds of criminal activities, and to apportion responsibility for those school officials who acted negligently. The legal system in the state of Pennsylvania also has a set of laws and procedures, in both the civil and criminal arenas, to deal with crimes of this nature. Both acted. That’s the way the system is supposed to work. So what does the NCAA do? It jumps in and levies a series of harsh sanctions against the Penn State football program. Can someone tell me where the NCAA found the authority to do that? The NCAA, in its simplest form, is a cartel designed to exploit amateur arbitrage: That is, to profit on the spread between the cost of minimal-wage athletic labor and the value of television sports contracts. Or something like that. Reasonable minds can differ. What they are not is a body with any standing to weigh in on criminal matters concerning university employees that have already been dealt with by the appropriate authorities — merely because the employee in question happens to have once been connected to a sports program. This is crazy! If a bank discovers that one of its tellers is molesting children, the FDIC doesn’t suspend the bank’s charter and punish every other employee and customer of the bank! Now, I’m not the only one to think this. I’ve spoken to lots of legal experts who said exactly the same thing. So why does the NCAA get away with this kind of aggressive over-reaching? Because for some reason, when it comes to many of the bigger questions raised by sports, we all shut down our brains. Bring on the czar! By the way, is anyone still reading at this point?
Excerpted from: Grantland