I hate being in the position of defending Penn State, but until convinced otherwise I think this was a HUGE overreach by the NCAA. I still fail to see where the NCAA gets jurisdiction to penalize the program.
Our society is based on rule of law. Although it "seems" right sometimes to loosely interpret established rules and laws, there are significant consequences for doing so. This is a very slippery slope.
I still haven't heard what specific NCAA rule(s) was/were violated by Penn State. (& no, I'm not convinced by "lack of institutional control" unless I see a definition how the definition applies to a violation of a specific NCAA rule).
I'm obviously not saying that people didn't break laws and that said individuals should be punished according to established law for those violations. They should be. Neither am I defending the actions of members of the Penn State administration.
You would be right if the NCAA was a state/government that had to abide by laws. But the NCAA is an association, ie a club if you want to think of it this way. Moreso it is a private club and allowed to set up their own rules/regulations/ethics to regulate their members. While there is no specific rule in this case, god help us if they had the foresight to think of this exact situation. They do have some rules that probably give them broad powers in case of unknown items. This is why alot of contracts have ethics clauses. Basically saying if you do something so bad, and out of the rhelm of thinking this could happen, we can punish you. In the NCAA's case, they do have an ethics clause, which this case probably falls into.
It's not like Emmert had this power to do this, he was given special authority by the NCAA presidents, ie the 'representives' of all the members had to decide this was against the ethics of the whole group.
Could Penn State thumb it's noses at this and go to court saying there is no rules regarding this? Yep, they could, and they could probably win. BUT, I am sure the NCAA has rules that allow them to kick out members, and this could have forced the NCAA to look into those measures. Basically telling Penn State if you don't want to abide by the decisions of this organization, then we will vote you out of this organization.