NCAA presidents past and present have made a point of saying they are not akin to a commissioner in professional sports and don't have the power to penalize players, coaches or schools independently.
The former chair said the only "rule" that the NCAA could be holding onto here is a lack of institutional control.
"I would be surprised if they're treating this as simply a lack of institutional control under the rules," the former chair said. "Because then that would technically go through the committee."
The chair said that the NCAA is choosing to deal with a case that is outside the traditional rules or violations. He said this case does not fall within the basic fundamental purpose of NCAA regulations.
"The purpose of the NCAA is to keep a level playing field among schools and to make sure they use proper methods through scholarships and etcetera," the chair said. "This is not a case that would normally go through the process. It has nothing to do with a level playing field. It has nothing to do with whether Penn State gets advantages over other schools in recruiting or in the number of coaches or things that we normally deal with."
The former chair said as an example the NCAA didn't get involved in the murder of Yeardley Love, a women's lacrosse player at Virginia, by her former boyfriend, a male lacrosse player at Virginia.
"The real question is whether or not under the overall rules and regulations of the NCAA do those in charge take action when it doesn't fall within the scope and realm of the normal infractions process," the former chair said. "This has nothing to do with a level playing field or competition. The NCAA is a voluntary organization and the schools sign on to be bound by the NCAA rules and regulations."
The chair added that the only connection to athletics was that the department was lenient to Sandusky and that some of his crimes were committed at the Penn State football facility.
"But this has nothing to do with NCAA business," the former chair said. "This is new. If they're going to deal with situations of this kind that have nothing to do with the games of who plays and so on and rather deal with members of the athletic department who act immorally or criminally then it opens up the door to other cases."
The NCAA, the chair said, didn't get involved in punishing the school for criminal behavior.
"The criminal courts are perfectly capable of handling these situations," the former chair said. "This is a new phase and a new thing. They are getting into bad behavior that are somehow connected to those who work in the athletic department.
"This is an important precedent. And it should be taken with extreme care."
