Judge refuses NCAA, Penn State bid to toss suit over $60 million fine in Sandusky scandal

HARRISBURG, Pa. – A judge has refused to dismiss a lawsuit filed by a Pennsylvania senator and the state treasurer over the $60 million fine imposed on Penn State for its handling of the Jerry Sandusky child molestation scandal.

The NCAA and Penn State had asked Commonwealth Court to dismiss the suit, but the judge refused. Her ruling Friday could pave the way for a trial early next year.

Penn State accepted the fine as part of a 2012 consent decree with the NCAA that also imposed a ban on post-season play, a temporary loss of scholarships and the elimination of 112 victories from Joe Paterno.

Sen. Jake Corman and Treasurer Rob McCord sued to get the fine to be spent on fighting child abuse in Pennsylvania. The NCAA had intended national distribution of the funds.