However, Emmert is expected to detail that the action is backed by a special provision allowing such a step if he receives approval from the NCAA’s board of directors. A source told Y! Sports the NCAA is prepared to defend the lack of an investigation by focusing on the Freeh Report, and Emmert’s determination that the report provided actionable evidence.
Emmert's discussion of defending the NCAA’s constitution is expected to focus at least in part on Article 2.4 of the NCAA’s constitution, which Emmert excerpted in his letter to Penn State on Nov. 17, 2011. In that letter, Emmert cited the passage that “for intercollegiate athletics to promote the character development of participants, to enhance the integrity of higher education and to promote civility in society, student-athletes, coaches, and all others associated with these athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility. These values should not only be manifest in athletics participation, but also in the broad spectrum of activities affecting the athletics program.”