A lawsuit filed by state legislators in an effort to keep the massive fine levied against Penn State by the NCAA over the Jerry Sandusky child sex abuse charges will go to trial despite the efforts of the State to force the issue into the State’s existing mediation system. Mediation has already been tried unsuccessfully several times between the two sides.

At issue is whether the state of Pennsylvania will have control of the $60 million dollar fine. Since Penn State is a public university, it is funded by Pennsylvania tax money, and thus the fine would be paid for by the State, ultimately. A 2013 State law requires that such monies be kept in-state. Pennsylvania wishes to fund anti-sex abuse programs and related programs with the money.

The judge in the case did not forbid any attempt at mediation, and notes that private mediation is still an option between the two parties up to the January 6^th trial date. The court merely ruled that the proceedings cannot be forced into Pennsylvania’s formal mediation process run by the state.

The NCAA agreed to new mediation in the state’s official channels, although it did not bother to file any documents in support of this; it simply expressed a willingness to participate in mediation as described by the litigants.

Sandusky’s crimes, which were ignored via incompetence or complicity on the part of the university, has carried a heavy cost; aside from the monetary fine they have seen wins struck from the record, have been prevented from offering scholarships, and lost privileges within the college football setting.