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10/15/09
Austin Scott suing Penn State after his rape charges were dropped
Former Penn St. player is suing the pants off of the school after his rape charge was dropped
Two years ago Austin Scott got kicked off the Penn St. football team midway through his senior year because he was accused of rape. Seven months later, the case was dropped - the day before the NFL Draft.

As you can guess, he wasn't selected. And it seems he's now pretty pissed about that.

Scott has filed a federal lawsuit against the prosecutors, his accuser and the university, saying that their overzealous pursuit of the case and the team's decision to drop him cost him a legitimate shot at a pro career.

And this whole thing is a mess.

Scott's lawyer has accused the prosecutors of misconduct, comparing the case to a "lynch mob." (The accuser was white, Scott is black.) Scott was the second Nittany Lion player in two years to be accused of rape only to have the case dropped, and the assistant district attorney who worked on both cases resigned last December "amid allegations he made inappropriate sexual advances toward a victim of domestic violence." Scott's case was dropped after the judge agreed to allow testimony revealing that his accuser had made a similar allegation against another man four years earlier. That man was acquitted.

But Scott's own lawyer is a bit shady as well. He's on trial for money laundering and mail fraud charges. 

However, all that said, Scott's case against the university might actually have real merit. Since the NCAA is the de facto minor leagues of the NFL, Penn St. dropping Scott when it turns out Scott - legally speaking - didn't do anything wrong, certainly doesn't help Penn St.

That's because Scott had no chance to showcase or develop his football skills after he was kicked off the team. He was signed as an unrestricted free agent by the Browns in 2008, but was cut during training camp.

Scott was a pretty good player, although not phenomenal. But it's a serious question: Would he have been drafted had he not faced those rape charges and been kicked off the team? Probably. So what exactly does Penn St. owe him for getting it wrong? This is a pretty weird case, since again, the NCAA is the minor leagues of the NFL, but it doesn't operate like an actual minor league. So Scott can't just be reinstated.

Basically, this thing is a giant mess, but I gotta say, Scott definitely seems to deserve something. And that something should be more than just an apology.
16 comments
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10/15/09
10
"...suing the pants off," whoa, hey, I mean you maybe should have used a different term there.

10/15/09
0
What the NCAA should do is allow him to be offered a special graduate assistantship 1/2 funded by PSU and 1/2 directly by the NCAA, Scott was a fringe prospect, many thought Kinlaw was better back, more productive and fumbled less.  Scott was similar to Pierre Thomas as a prospect and Thomas was also a UDFA, trust me if Bernard Scott can get drafted you still don't have to be a choirboy to play in the NFL.

10/15/09
2
When these kids are recruited, the University and the coaching staff know what they are getting.  Whatever happened until "Innocent until proven guilty"?  Sounds like the university jumped the gun and released the young man from the team without having all of the details to begin with.  That's like the Steelers releasing Big Ben after he has been accused of rape, but not allowing him to have a fair trial and given the proper chance to have a defense.  I think the decision to release came higher up than JoePa...I hope the University and the DA and the accuser all get burned by this one and have to kick out big $'s.  Whether or not he would have made the NFL is a mute point...he was denied the opportunity to be given the chance by a false accusation. 

10/15/09
10
"...suing the pants off," whoa, hey, I mean you maybe should have used a different term there.

10/15/09
0
Hmm... I just don't understand the legal argument behind Scott trying to sue Penn State.  Perhaps discrimination?  Violation of a scholarship contract?  His spot on the team would have to be considered at-will otherwise.  It's not like Penn St could sue him for damages for leaving the team without a good reason...

And good luck suing a D.A. unless he can show the D.A. was dating the accuser or something to that effect.  Let's just say it's not a shock to me that Scott's attorney has a questionable reputation... 

10/15/09
2
This is truly a shame.  Out of the other side of my mouth, can this guy get Shawon Dunston's college money too?

10/15/09
0
That sucks, just a day before the draft, what a sucker punch!!

10/16/09
0
Austin Scott had about as much chance of getting drafted as George W. Bush receiving an honorary degree from Harvard.

10/16/09
0
 it could of gone both ways, if the rape charge didnt happen, he could of gotten hurt in college and not even go to the nfl, or he could of had the skills from practicing all those yrs and would of been a terriffic football player, but who knows now its all done and over wth and we will never know what would of happened....
but its an easy way to get money by sueing someone and make easy cash

10/16/09
1
NittanyJon wrote:
Austin Scott had about as much chance of getting drafted as George W. Bush receiving an honorary degree from Harvard.

He got a real degree from Yale.


10/16/09
0
dwyermaker wrote:
Hmm... I just don't understand the legal argument behind Scott trying to sue Penn State.  Perhaps discrimination?  Violation of a scholarship contract?  His spot on the team would have to be considered at-will otherwise.  It's not like Penn St could sue him for damages for leaving the team without a good reason...

And good luck suing a D.A. unless he can show the D.A. was dating the accuser or something to that effect.  Let's just say it's not a shock to me that Scott's attorney has a questionable reputation... 
Let us not be so quick to forget the D.A. in Durham, NC with the Duke Lacrosse team...

10/16/09
1
I think its a very fair comparison.  You are dismissing someone from a team based on a speculation.  This young man was not given a fair chance in the court system, before the university released him and took his scholarship.  And when all the smoked cleared, it was found that the case against him held no merritt whatsoever.  It sounds to me like this is the Roger "Im Boss" Godell school of thinking here...punish them first, get facts later...unless you are Big Ben then you can have a fair chance.

 I saw clearly what you stated about JoePa and I stated that the decision to release this young man came from a pay grade up from JoePa.  A

10/16/09
1
critters19761 wrote:
 it could of gone both ways, if the rape charge didnt happen, he could of gotten hurt in college and not even go to the nfl, or he could of had the skills from practicing all those yrs and would of been a terriffic football player, but who knows now its all done and over wth and we will never know what would of happened....
but its an easy way to get money by sueing someone and make easy cash
Sadly enough, its not whether you committed the crime in America or not, its the fact that you were even charged with it.  I don't care if he wins his suit against the university or not, but i hope he collects big $'s against the DA and the false accuser.

11/5/09
0
aos035 wrote:

He got a real degree from Yale.

That is true. Didn't mean to 'dis W.

 
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