Hefty Fine (but no suspension) for Penn State Coach

We would like to thank Michael and Greg for once again including us on the esteemed guest blogger roster. As a matter of background, we do not yet have the good fortune to practice or study legal issues in the world of sports on a full-time basis. Our current involvement in this growing area is limited to our weekly radio talk show. Sadly, during the rest of the week, our legal “acumen” focuses on other topics – although occasionally we are able to include some sports topics in our during-the-week jobs. Generally, in preparing for our show, we will find cases or stories of interest to us, raise appropriate questions, and then reach out to guests who can further educate our audience. With this background in mind, we hope this weekend to raise some questions about current cases and news items. Finally, an apology to our esteemed bloggers for being tardy with our posts as those pesky during-the-week jobs demanded a significant amount of time. Enough background, on to the substance. . .

Tuesday, Penn State University disciplined its women’s basketball coach. A former Penn State player had accused coach Rene Portland of discriminating against her on the basis of race and sexual orientation. The curious note to the story is the punishment handed down by University President Graham Spanier. Rather than suspend or even dismiss the coach, the school levied a substantial fine ($10,000) for her actions. President Spanier noted the need for a remedy that would have a more immediate impact than a suspension for next season. Did the university look to the courts for such a remedy? We are not aware of many cases (although perhaps the readers are) where an employer has fined an employee for an employment related discretion. Governmental agencies often fine companies and individuals for various actions. In the sports arena, we frequently observe a league fine its teams, coaches, and players. We have seen teams fine players for reporting late to training camp or refusing to play. However, these team fines generally appear to be limited to players who are not meeting the requirement to practice or play with the team. It does not seem common for teams to fine players or coaches for an act of commission. So, the next time that one of us is in violation of company policy (for example, reading Sports Law Blog during business hours), should we be concerned that a bill from our employer might arrive in the mail?

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