OT: Penn State officials to do hard time . . .

[JS]

. . . for cover-up in the Jerry Sandusky child sex abuse case, per AP story.

"All three ignored the opportunity to put an end to (Sandusky's) crimes when they had a chance to do so," the judge said.

Ex-president Graham Spanier, 68, got a sentence of 4 to 12 months, with the first two to be spent in jail and the rest under house arrest.

Former university athletic director Tim Curley, 63, received a sentence of 7 to 23 months, with three in jail. Former vice president Gary Schultz, 67, was sentenced to 6 to 23 months, with two months behind bars.

The judge also criticized the actions of the late head football coach, Joe Paterno, who like the other administrators failed to alert child-welfare authorities or police to the 2001 complaint, but was never charged with a crime.

Paterno "could have made that phone call without so much as getting his hands dirty. Why he didn't is beyond me," [Judge] Boccabella said.

 

[HoopsFan21]

What phone call was a football coach that only had a second hand account of an incident involving a former university employee supposed to make? NCAA guidelines that came out after that incident say coaches are supposed to report it to their athletic directors and then stay out of it which is what Paterno did at the time. I guess if I were him and had the assistant coach tell me that story I would strongly urge him to report it to the police, but I guess that's easy for me to say as the Monday morning quarterback. I'm torn on this because everyone is viewing the original incident with their 20/20 hindsight when it's always easiest to say you should have done this or that plus the account of that 2001 incident is all over the place.

 

[Vowelguy]

And yet Paterno's son was just voted in as a trustee. Shows you where the PSU alumni stands.

 

[Carnac]

. . . for cover-up in the Jerry Sandusky child sex abuse case, per AP story.

"All three ignored the opportunity to put an end to (Sandusky's) crimes when they had a chance to do so," the judge said.

Ex-president Graham Spanier, 68, got a sentence of 4 to 12 months, with the first two to be spent in jail and the rest under house arrest.

Former university athletic director Tim Curley, 63, received a sentence of 7 to 23 months, with three in jail. Former vice president Gary Schultz, 67, was sentenced to 6 to 23 months, with two months behind bars.

The judge also criticized the actions of the late head football coach, Joe Paterno, who like the other administrators failed to alert child-welfare authorities or police to the 2001 complaint, but was never charged with a crime.

Paterno "could have made that phone call without so much as getting his hands dirty. Why he didn't is beyond me," [Judge] Boccabella said.

In all three sentences, a reference to "jail" was made. I sincerely hope that when the judge said "jail", he actually meant "PRISON/PENITENTIARY". Like the kind of penitentiary (Leavenworth) Michael Vick was sent to, when he stepped outside the law on a dog fighting case some years ago.

These crimes all scream and cry out for prison time, not jail. The difference between jail and prison is like night and day. Several "hard labor" assignments (while they're there) might not be such a bad idea either. Some say hard labor builds character. Let's find out.

 

[Kaizen]

On July 23, 2012, the NCAA vacated all of Penn State's wins from 1998 through 2011 as part of its punishment for the child sex abuse scandal, eliminating 111 of the games Paterno had coached and won, dropping him from first to 12th on the list of winningest NCAA football coaches.

State senator Jake Corman and state treasurer Rob McCord launched a lawsuit against the NCAA in January 2013 to overturn the sanctions on Penn State, on the basis that Freeh had been actively collaborating with the NCAA and that due process had not been followed, and as part of the settlement the NCAA reversed its decision on January 16, 2015 and restored the 111 wins to Paterno's record.

Paterno died of complications from lung cancer on January 22, 2012, only two months after being fired by the university.

 

[EricLA]

So glad the hammer is coming down on them. The entire situation was incredibly sad for the children and families of the victims, but the cover up of the entire scandal was almost more offensive as all those people KNEW it was wrong, illegal and immoral, but they did it anyway. And I'm so glad PSU vacated all those wins. Paterno may be remembered by some as the winning-est coach, but over time it will be forgotten as many others pass his records by, and the "official published" numbers erase his accomplishments from memory.

 

[LStudfellow]

What phone call was a football coach that only had a second hand account of an incident involving a former university employee supposed to make? NCAA guidelines that came out after that incident say coaches are supposed to report it to their athletic directors and then stay out of it which is what Paterno did at the time. I guess if I were him and had the assistant coach tell me that story I would strongly urge him to report it to the police, but I guess that's easy for me to say as the Monday morning quarterback. I'm torn on this because everyone is viewing the original incident with their 20/20 hindsight when it's always easiest to say you should have done this or that plus the account of that 2001 incident is all over the place.

Ok - so as not to over-react and say your post reads as a typical JoePa apologist who makes it seem as if JoePa was all mighty and powerful at Penn State for decades on everything except this situation... Let me ask you and anyone else who defends JoePa and his lack of action the following questions:

1. What would YOU do if you were the head coach of a team, and one of your assistants was accused of abusing a kid. The story you are told is not clear, but you know something must have happened. Would you do nothing? Would you just report it to your superiors and leave it at that, never inquiring about what came of it further? Or would you have interviewed everyone involved in the situation (including the kid, who is there at the football camp YOU are running) to get to the bottom of it... and then push to get law enforcement involved once you realize that something terrible and criminal may well have happened. Add into it that no one at Penn State at that time had more power than Joe Paterno - not even President Spanier. Paterno could have easily gotten law enforcement involved with zero interference from anyone. But he didn't.

If you can honestly say you would have taken Joe Paterno's path, I am sorry, but you are totally lying.

Furthermore, in your post you are doing what I have read so many people who support Paterno do - you try to separate the 2001 incident from anything that came before it. As if Paterno's memory was erased between what happened in the 1970's, 1980's and up through 2001, and then in 2001.


Sandusky victim: Joe Paterno told me to drop abuse accusation - CNN.com

and this

New court documents suggest others at Penn State knew of Jerry Sandusky abuse


As these articles and many others state, you can not. The fact is that Joe Paterno was complicit in allowing a sexual predator to roam freely under his watch for upwards of 40 years after the first incident we know about that was brought to his attention (in 1971, then 1976, for starters). 40 YEARS!

Yes, there is a lot of 20/20 hindsight and Monday morning quarterbacks in a lot of situations. But not in this case. There is way too much evidence available that shows Joe Paterno could have, and should have done something to stop Jerry Sandusky, a coach on his staff, from sexually abusing young boys for decades before it finally came to an end.

The capper for me was this: why did Joe Paterno refuse to back Sandusky as his successor in the mid 1990's, leading to Sandusky leaving his position as Defensive Coordinator in 1998? The general belief at the time was that Sandusky, the supposed mastermind of such brilliant game plans as the one that held the explosive Miami Hurricanes to 7 points in the 1987 de facto National Championship game in the Fiesta Bowl, was Paterno's heir apparent. Paterno's refusal to back Sandusky, his supposed friend, never made sense - until this scandal broke. This scandal brought the missing pieces together. Paterno knew that he could never back Sandusky, because he already had an idea of what Sandusky was.

This whole episode was disgusting - and unfortunately there are only filthy hands of those in power at Penn State, and a number of other state government positions at different points during those years - and that absolutely includes Joe Paterno.

 

[bags27]

Wondering whether Spanier keeps tenure at Penn State. His wife is a distinguished professor of English there....

 

[stamfordhusky]

NCAA guidelines that came out after that incident say coaches are supposed to report it to their athletic directors and then stay out of it which is what Paterno did at the time.

Could you provide a link to these NCAA guidelines that instruct coaches to "stay out of it".

 

[Checkmate]

lets forget the NCAA for a moment. Is this an unprecedented ruling ? going to jail for something you did not do

 

[JS]

lets forget the NCAA for a moment. Is this an unprecedented ruling ? going to jail for something you did not do

Not unprecedented at all.

You can go to jail for a number of things you did not do, such as:

-- jury duty if called
-- serving as a witness if subpoenaed
-- paying your taxes
-- serving in the military when there is a draft
-- obeying the law

The specific category of failure to perform civic duty in this case was failure to report a crime.

Here are two articles noting that, while there is no generalized duty to report criminal activity, reporting is mandatory in certain instances. In particular, educational and other specified professionals may be mandatory reporters of child abuse.

Failure to Report a Crime

Reporting Crimes: Witnessing, Ignoring, Falsely Reporting, and Lying

A somewhat interesting issue in this case was whether mandatory reporter status in one of the specified fields extends to people in the management ranks who do not themselves deal directly with children.

Relying on the case of a church administrator who repeatedly reassigned predatory priests to other parishes rather than report them, the prosecution successfully argued that it does.

 

[Checkmate]

Not unprecedented at all.

You can go to jail for a number of things you did not do, such as:

-- jury duty if called
-- serving as a witness if subpoenaed
-- paying your taxes
-- serving in the military when there is a draft
-- obeying the law

The specific category of failure to perform civic duty in this case was failure to report a crime.

Here are two articles noting that, while there is no generalized duty to report criminal activity, reporting is mandatory in certain instances. In particular, educational and other specified professionals may be mandatory reporters of child abuse.

Failure to Report a Crime

Reporting Crimes: Witnessing, Ignoring, Falsely Reporting, and Lying

A somewhat interesting issue in this case was whether mandatory reporter status in one of the specified fields extends to people in the management ranks who do not themselves deal directly with children.

Relying on the case of a church administrator who repeatedly reassigned predatory priests to other parishes rather than report them, the prosecution successfully argued that it does.

I was referring to reporting a crime. The laws may say it is crime, however it is rarely enforced.

 

[JS]

I was referring to reporting a crime. The laws may say it is crime, however it is rarely enforced.

Certainly not unprecedented, but rarely enforced is probably correct.

If you mean citizens reporting crimes generally, the answer appears to be very rare indeed.

In the case of mandatory reporting laws, and confining the inquiry to child abuse:

For an article published six years ago, USA Today in an obviously non-exhaustive 25-state study was able to review 222 prosecutions of mandatory reporters. Results: 102 convictions; 14 defendants did jail time. The others got probation or a fine.

Haven't readily spotted more current numbers but would suspect under the current climate regarding child abuse (spurred in part by the Sandusky case itself, which spawned new legislative efforts in several states) things haven't gotten any more lenient.

 

[KnightBridgeAZ]

Certainly not unprecedented, but rarely enforced is probably correct.

If you mean citizens reporting crimes generally, the answer appears to be very rare indeed.

In the case of mandatory reporting laws, and confining the inquiry to child abuse:

For an article published six years ago, USA Today in an obviously non-exhaustive 25-state study was able to review 222 prosecutions of mandatory reporters. Results: 102 convictions; 14 defendants did jail time. The others got probation or a fine.

Haven't readily spotted more current numbers but would suspect under the current climate regarding child abuse (spurred in part by the Sandusky case itself, which spawned new legislative efforts in several states) things haven't gotten any more lenient.

Back in the general area of 2006 I was looking at the possibility of doing some security / safety consulting work in the non-profit world and one of the things that my research turned up was the mandatory reporting laws, particularly in Pennsylvania; in fact, I had to call one of the state folks to get a clarification (in the end, I didn't pursue the "career").

In any case, at least based on what I understood about the laws, it seems to me that Joe Paterno barely met the letter of the law, and certainly not the spirit. Of course, these other folks that just got the jail time didn't really do that.

While I am less harsh than some others about Paterno, I am appalled that the NCAA didn't maintain the stripping of wins. Like most folks, I consider him a flawed person, who tried as much as possible to do what I call a "Sgt. Schultz" - See Nothing, Hear Nothing - and try to do nothing. I sincerely believe that he didn't think he contributed to allowing the situation to continue, but he was wrong.

 

[Kaizen]

In the case of mandatory reporting laws, and confining the inquiry to child abuse:

This is the question I always want to know the answer.
If a lawyer was defending his/her client for the child abuser case.
If the lawyer found very clearly, new evidences that his/her client did commit the crime. What the lawyer should do?

A sort of the question I want to ask OJ's lawyers.

 

[BroadwayVa]

What phone call was a football coach that only had a second hand account of an incident involving a former university employee supposed to make? NCAA guidelines that came out after that incident say coaches are supposed to report it to their athletic directors and then stay out of it which is what Paterno did at the time. I guess if I were him and had the assistant coach tell me that story I would strongly urge him to report it to the police, but I guess that's easy for me to say as the Monday morning quarterback. I'm torn on this because everyone is viewing the original incident with their 20/20 hindsight when it's always easiest to say you should have done this or that plus the account of that 2001 incident is all over the place.

Guilt by association and without the full legal process is the current American mode. Sandusky, in my opinion, got what he deserved albeit a tad too late. I believe in due process and getting the facts prior to hanging. When the NCAA takes on the status of the Legal
judicial entity by published laws of the state or the land---we are in real trouble.

 

[BroadwayVa]

This is the question I always want to know the answer.
If a lawyer was defending his/her client for the child abuser case.

On July 23, 2012, the NCAA vacated all of Penn State's wins from 1998 through 2011 as part of its punishment for the child sex abuse scandal, eliminating 111 of the games Paterno had coached and won, dropping him from first to 12th on the list of winningest NCAA football coaches.

State senator Jake Corman and state treasurer Rob McCord launched a lawsuit against the NCAA in January 2013 to overturn the sanctions on Penn State, on the basis that Freeh had been actively collaborating with the NCAA and that due process had not been followed, and as part of the settlement the NCAA reversed its decision on January 16, 2015 and restored the 111 wins to Paterno's record.

Paterno died of complications from lung cancer on January 22, 2012, only two months after being fired by the university.

A sort of the question I want to ask OJ's lawyers.

typically is bound by attorney/Client guide-lines. An attorneys duty is to his/her client--and to defend them fully. If the defense and prosecution both: they used to call that a lynching!

In high profile ---cases--accusations--there can be a moral side and a legal side---often they are not the same. If you believe in the teachings of Christian and some other religions-----vengeance is m ine-- if Papa Joe deserves punishment --he shall receive it--if not --none will be given.

 

[BroadwayVa]

So glad the hammer is coming down on them. The entire situation was incredibly sad for the children and families of the victims, but the cover up of the entire scandal was almost more offensive as all those people KNEW it was wrong, illegal and immoral, but they did it anyway. And I'm so glad PSU vacated all those wins. Paterno may be remembered by some as the winning-est coach, but over time it will be forgotten as many others pass his records by, and the "official published" numbers erase his accomplishments from memory.

You are right/correct/Joe Paterno's records WILL be exceeded as will Geno's---Only those that knew either coach or within a reasonable time will care---a number of Uconn Men's coaches are unknown to current fans---it is the way of the world.
I see the vacating of wins as a nothing act---those that saw the wins--may always see them as wins---they won't show up in the record books--the only REAL punishment--the vast majority of fans rarely see those books.
The victims, because of their ages, is the issue that makes Sandusky's crime heinous.

 

[LStudfellow]

You are right/correct/Joe Paterno's records WILL be exceeded as will Geno's---Only those that knew either coach or within a reasonable time will care---a number of UConn Men's coaches are unknown to current fans---it is the way of the world.
I see the vacating of wins as a nothing act---those that saw the wins--may always see them as wins---they won't show up in the record books--the only REAL punishment--the vast majority of fans rarely see those books.
The victims, because of their ages, is the issue that makes Sandusky's crime heinous.

Unfortunately, the deliberate act of willfully sweeping Sandusky's crimes under the rug and bullying at least some of his victims into silence for years... decades... is almost as heinous.

It would be one thing if the incident in 2001 was the only time anyone saw or heard something. But when you realize that the first incident occurred allegedly in 1971 - and that victim said he was about as sure as you could be that the "Joe" on the other end of the phone who helped to bully him into silence had to have been Joe Paterno. Well, then you realize if you really go through the chronology of events from 1971 through 2001, and then to 2011... that Joe Paterno willfully put the image of Penn State and his football team above the lives of innocent boys throughout those 4 decades.

When you piece it all together, the picture it paints is of a man who became drunk with his own power - He was absolutely the most powerful man in all of Central Pennsylvania, if not the entire state, for at least 25 to 30 years. He could have, and SHOULD HAVE put a stop to Jerry Sandusky's reign of terror. Instead, he allowed the man to have continued access to all campus facilities, and have his own office within the sports complex... allowed him to continue to be a legitimate member of the Penn State circle, even if pushed a bit to the outside. It disgusts me every time I think about it.

The supporting evidence in just that case alone is overwhelming... but for anyone who needs further support, read this story about how he treated the woman who was made Head of Student Affairs at Penn State in 2003, only to be run out of town in 2008 thanks in large part to - Joe Paterno. The man had become a bully, plain and simple. It was well known that he would bully or freeze out anyone who disagreed with him from the 1980's onward. I grew up in southern Connecticut, and remember Mike Francesca would make mention of JoePa's behavior from time to time many years before this story broke in 2011. At that point though, JoePa was so powerful that no one dare come up against him... well, almost no one, anyway.

The woman who stood up to Joe Paterno - CNN.com

The "Penn State Way" should be a slogan of extreme caution (and frankly, derision) that shows what happens when a man and a football team and their success on the playing field are worshipped to the point of putting that above everything else - even protecting the lives of innocent children who had no voice and no way of protecting themselves. If there is such a place as hell or purgatory, the man is there... and deservedly so.

 

[GMP 65]

lets forget the NCAA for a moment. Is this an unprecedented ruling ? going to jail for something you did not do

Excuse Me! If you know some kid is being sexually abused and you don't notify the authorities you should go to jail! How do the people who did nothing sleep at night!!

 

[Woof 101]

And yet Paterno's son was just voted in as a trustee. Shows you where the PSU alumni stands.

Ya think? Spot on vowel.... No attack on the OP as I don't want to be on the bad side of another Moderator ....
Having said that, to call two months for Spanier and three months for Curley hard time is a joke....

 

[Checkmate]

Excuse Me! If you know some kid is being sexually abused and you don't notify the authorities you should go to jail! How do the people who did nothing sleep at night!!

We are talking about a moral and legal obligations. If you do not witness a crime, it is an allegation or rumor. And the PSU staff should have reported it.

 

[CMC'72]

In all three sentences, a reference to "jail" was made. I sincerely hope that when the judge said "jail", he actually meant "PRISON/PENITENTIARY".

Prison sentences of less than one year are served out in the County jail.
Standard.

 

[JS]

I don't want to be on the bad side of another Moderator ....
Having said that, to call two months for Spanier and three months for Curley hard time is a joke....

Just an expression meaning a sentence of actual jail time versus other penalties such as fines, a suspended sentence and/or community service.

Per the dictionary:

Slang. time actually served in a prison or other penal institution:
He had merely been fined before, but now was sentenced to 90 days' hard time in the county jail.
​

Doesn't refer to length or conditions of the incarceration.

I actually found the sentences rather satisfying, given what one can normally expect in the sentencing of people like this -- management, white collar, first offense, misdemeanor (a jury acquitted Spanier of felony child endangerment).

The picture of a former president of a major university contemplating his fall from inside a hoosegow looking out is, among other things, a powerful image for any otherwise reluctant abuse reporters to bear in mind.

Finally, if you want to avoid being on my "bad side," like "hard time" that's just an expression too. Taken literally, it would assume I have a good side.

 

[BroadwayVa]

Ya think? Spot on vowel.... No attack on the OP as I don't want to be on the bad side of another Moderator ....
Having said that, to call two months for Spanier and three months for Curley hard time is a joke....