Proposed Resolution Re: Commonwealth of Pennsyivania Litigation November 14,2014 Whereas the recent public disclosure of internal NCAA email communications as reveled thatthe NCAA's own staff and officals didnot believe thatthe NCAAs constitution authorized the NCAA to exercise enforcement jurisdiction over Pen State regarding the Sandusky matter or impose the Whereas, notwithstanding the NCAA's own internal doubts about is jurisdition and authorty to Impose sanctions, the NCAA presented a slate of onerous sanctions ta Penn State asthe only alternative te the Feared four-year “death penalty” Wheres, internal NCAA emall communications demonstrate, an the Board has come to believe, that te NCAA intended its threat ofthe “death penalty" to frighten ae “buff Penn State into accepting sanctions the NCAA had ne authority or jurstieton to impose; Whereas, through the tactics described above, the NCAA imposed onerous sanctions onthe Pennsylvania State University and its renowned featball program; ‘Whereas, e-mail communications recently made public between and among the NCAR, Penn State and the Freeh Group raise additional questions regarding the NCAA’ involvement and roe inthe Freeh {Groups investigation beginning in November 2011 ~ and the independence ofthe Freeh Group's investigation; and Whereas, the Board believes that Pen State can best investigate these serious issues relating tothe [NCAA's jurisdiction and tactes in imposing sanctions on the Unversity and the fll extent of the NNcAa's involvement inthe Freeh Group's investigation —by re-aligning itself as a Plaintiff in the ci action Meord/Corman eta. vs. NCAA now pending in the Commonwealth Court of Pennsyvania, ‘where the University is curently joined as a co-defendant withthe NCAA. Therefore, be it resolved thatthe Board hereby authorizes and instructs the University’s counsel fle {an appropriate motion in the Commonwealth Court seeking to realign Penn State asa Paintin the above-eferenced civil action; ‘Therefore, be it further resolved thatthe Board hereby instructs the Unversity’ counsel to pursue ‘iscovery in that evil action directed to full understanding ofthe NCAAs jurist and tactics In Imposing saetions on the Unversity and a full understanding of the NCAA's involvement in the Freeh {Group's investigation ~ and report thee findings tothe Board to obtain further direction,