Penn State Scandal: The Freeh Report

Neo, I already responded to you on facebook, but I'll post it here as well. The NCAA should be involved in Penn State's punishment, and here is why: they covered up criminal acts (arguably the most heinous of criminal acts) in order to protect the football program, which NCAA DOES have jurisdiction over.

Individuals covered it up, Lanky. Not the institution.

Saying Penn State should be punished for the actions of 4 men is like saying our government should have been punished for the actions of Nixon in Watergate. Men commit crime, not institutions.

Serv, I have not forgotten you. A response is coming.

Well, this has not moved to the PA - yet. We'll see.

First, Neo covered part of what I wanted to say. If a coach on a HS football team did something like this, then he would be charged and convicted. The football team would get a new coach and the sport would continue - as it should. The NCAA had no business stepping in this mess and any court of law would agree (if PSU went this route).

Second, and this is a very controversial one, I believe that Coach Paterno will be exonerated over a period of time. It will take years - maybe a decade or more.

Paterno was fiercely protective of his football program - no one can dispute that fact. Just ask any of his former players. Virtually every one of them is lying low for a reason - if any of them spoke kindly of the coach at this juncture, they would be all but crucified in the court of public opinion. Someday, that will change though and his players will, one by one, heap praise and kindness to Coach Paterno and his family.

So why do I think he will exonerated over time? Coach followed the rules of reporting an incident at an educational institution. The one thing a principal of a school (elementary, middle, high) will tell any teacher or coach is that there is no going "over the head" of the boss. Local law enforcement officers know and understand this structure. This is why Coach Paterno went to his superior - to report and substantiate what happened. He did what was lined out in the rules of Pennsylvania State University.

Paterno could've done more to help with the investigation and he admitted as much late last year, but he did not break any laws or break any rules at PSU. Right now, everyone wants heads to roll and that is understandable. However, cooler heads need to prevail and the investigation by the state and federal teams need to continue without bias. If that occurs, then we may see more indictments in time.

My own personal opinion is that former Pres. Spanier should be charged as well as the entire board from 1998 to the present. The former AD and assistant should be charged too.

One more note of interest. There is no doubt in my mind that Sandusky did a lot of these despicable acts prior to 1998. He is going away for good and that is a comforting thought to the victims and their families. There are many more tortured souls who have not come forward due to the shame and embarrassment they must feel - and that never, ever goes away. Never.

This entire mess is due to the crimes of one man. There is no sufficient punishment for him.

May God bless all of those who have suffered and will carry their wounds along the way. There are millions who are praying for them and their families.

Burgundy Burner said:

Paterno could've done more to help with the investigation and he admitted as much late last year, but he did not break any laws or break any rules at PSU.

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BB i respect your opinion about the NCAA staying out, and there is a part of me that feels you're right. I also agree with the end of your post.

But this part of it is nonsense. That's the most pathetic way to justify not doing the right thing there is. If we were talking about kids cheating on tests, or somehow benefiting monetarily for their football skills, I'd let it slide. Raping children isn't one of those things though (there are many that aren't).

I just can't help but wonder how people who agree with that sentiment would feel if it was their child that was raped well after 1998. If that was the line of logic used for why the person who raped their child wasn't in jail after being caught years earlier.

BB - this entire mess is NOT due just to the crimes of one man. That's the whole point. The first instance of sexual predation was due to just one man. Those that made continued acts possible through passive, cowardly inaction (Joe Paterno leading the way) are culpable and partialy responsible for every act that followed.

I think you're dead wrong about Paterno being exonerated. I think it's only going to get worse. The actions of the university are less about ass-covering, and more about what they know to be the facts. His legacy is being entirely rewritten.

And Neo, while I had a similar perspective early on, I think you're wrong about the NCAA needing to stay out of it. Paterno's actions appear to have been driven by one thing and one thing only - to protect the football program and the success it (oh - and btw, Joe Paterno) enjoyed. That motivation created the environment where people, lots of them, could justify looking the other way while a high level coach raped youngsters over an extended period. You don't think the organization is responsible for allowing that to happen? I'd also point out that there are penalties every year dealt out to football and athletic programs and universities by the NCAA for rules violations made by 'individuals'. And the individuals covering it up were key members of the institution. Not sure I follow your point. By the way, numerous members of the government (43 of them to be exact) went to jail as part of the Watergate conspiracy. As they should have.

tshile said:

But this part of it is nonsense. That's the most pathetic way to justify not doing the right thing there is. If we were talking about kids cheating on tests, or somehow benefiting monetarily for their football skills, I'd let it slide. Raping children isn't one of those things though (there are many that aren't).

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If you are a teacher and continued to go over the principal's head without consulting her/him first, then you are subject to termination. Quickly. End of story right there. Educational institutions and their structure is respected by law enforcement - that's the way it is across the entirity of education. I'm not saying it is perfect or that it is structured in a way that you like. This is just the way it is done. In no way am I trying to justify what happened - including the cover up that ascended to the very top. All I'm doing is saying that if you look at it from the very legal and straightforward standpoints, then Coach Paterno did as his contract stipulated. Let's see what the state and federal investigations provide in the future.

Boone, in all fairness, I did say that Mr. Spanier, the board, and athletic leaders should be charged. My salient point was that it all started with one man and his crimes.

servumtuum said:

One question I would have; was there, in your estimation, a point at which the NCAA should have, say, bowed out of the situation?

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Yeah Serv, I think they should have bowed out about the time they considered getting involved to begin with. It's a criminal matter, end of story. What they did is only a step above vigilante justice in my book and then only because they weren't violent about it. Leave law enforcement to the pros.

Burgundy Burner said:

Second, and this is a very controversial one, I believe that Coach Paterno will be exonerated over a period of time. It will take years - maybe a decade or more.

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Sorry Burner but our agreement on this one ends here. I don't believe the institution should pay for the crimes of individuals but I do believe that Paterno is guilty. If the e-mail that I have heard quoted is even half right he took an active hand in the decision to not go to the authorities with this. He escaped jail time only through death.

Boone said:

And Neo, while I had a similar perspective early on, I think you're wrong about the NCAA needing to stay out of it. Paterno's actions appear to have been driven by one thing and one thing only - to protect the football program and the success it (oh - and btw, Joe Paterno) enjoyed. That motivation created the environment where people, lots of them, could justify looking the other way while a high level coach raped youngsters over an extended period. You don't think the organization is responsible for allowing that to happen? I'd also point out that there are penalties every year dealt out to football and athletic programs and universities by the NCAA for rules violations made by 'individuals'. And the individuals covering it up were key members of the institution. Not sure I follow your point. By the way, numerous members of the government (43 of them to be exact) went to jail as part of the Watergate conspiracy. As they should have.

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No, I don't think the "organization" is responsible. That is elevating "mob mentality" to something higher and I don't buy it. At the end of the day a string of individuals decided, each for themselves, that what they were doing was right when it was clearly wrong.

I believe this is a judicial matter and not for anyone but the legal authorities to deal with. Now, if the NCAA wants to take a position of support for the strongest enforcement of the law possible, that is fine. But they have no business getting into handing punitive measures for infractions of the law.

And yes, 43 individuals served time for Watergate. Individuals. The White House was not docked interns for 4 years or the Executive branch forced to surrender Cabinet seats. The organization of the Executive Branch remained free of penality and moved forward without issue under Ford. Why should PSU not be allowed to do the same under their new chief?

In short, this looks like the NCAA doing something harsh just to be seen to be doing something and I, for one, only think less of them for punishing a lot of innocent people.

It is not the responsibility of a teacher and/or coach to report the crime at any educational institution. The minute they do so and fail to inform the superior first, they are subject to termination.

If it had been handled properly at the highest levels from the moment it was known, then there would've been far less damage. I won't deny that part of it. Yes, it became a cover up. Keep in mind that these investigations are continuing and this could very well be the outcome several months from now - or however long it takes to investigate.

I will respond more in detail tomorrow, but the NCAA certainly has jurisdiction here. Check bylaw 19.02.1.

And BB, you can't compare high school football to D1 football, its apples and oranges.
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And if you are the person who goes over the administrator's head, then you lose your job on that basis alone.

Disclaimer: BA, Secondary Education. Former HS English teacher. Former basketball coach. Former Adult Studies teacher and department head.

Edited to add that I have not shared my personal feelings on the matter and refuse to do do until the legalities are fully completed.

As far as the NCAA goes, I think it comes down to "Institutional Control."

In determining whether there has been a lack of institutional control when a violation of NCAA rules has been found it is necessary to ascertain what formal institutional policies and procedures were in place at the time the violation of NCAA rules occurred and whether those policies and procedures, if adequate, were being monitored and enforced. It is important that policies and procedures be established so as to deter violations and not merely to discover their existence after they have taken place. In a case where proper procedures exist and are appropriately enforced, especially when they result in the prompt detection, investigation and reporting of the violations in question, there may be no lack of institutional control although the individual or individuals directly involved may be held responsible.

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Link

According to the Freeh report:

“The football program, in particular, opted out of most of the University’s Clery Act, sexual abuse awareness and summer camp procedures training,” the report reads. “The Athletic Department was perceived by many in the Penn State community as 'an island,’ where staff members lived by their own rules.”

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So apparently the institution didn't have control over the football program to a sufficient extent to have them comply with sexual abuse awareness and summer camp procedures training. They just "lived by their own rules." Key in the institutional control is whether procedures were in place (they were) and whether they were being enforced (they were not). This latter point is where I think the NCAA gets their jurisdiction to act.

That is a noble thought, but there are a multiplicity of legal reasons why the structure is in place.

If the teacher or coach goes to the admin right away, then the admin follows her/her procedures immediately. Law enforcement is quickly brought in and the abuse stops in the same (and relative) time frame. Don't assume each and every educational institution handles these matters in the way PSU did.

The point is they weren't following or enforcing their policies/procedures. If they had I would agree the NCAA shouldn't be involved.

I'm simply pointing out what the rules are in these situations. We need to keep in mind that this was an in-house investigation that was not beholden to state and federal investigators. Freeh has no jurisdiction whatsoever with the things that went on at PSU. It was a report - nothing more, nothing less.

With that being said, don't be surprised if there is more than meets the eye in the coming months. Or less. Just looking at the potential legalities that may come. I'm not saying we have to like them or approve of how they may litigate (or not) in the future.

Are you saying that this legally binding structure ignores the plight of children's issues? Take PSU out of this part of the equation due to the fact that several people did not follow those rules. That is where they failed those children. But to say that the structure itself ignores the children is simply wrong. It is there FOR the children, their interests, and their safety.

China pointed it out perfectly. If the people at PSU had adhered to the rules and policies, then the molestation would've ceased much sooner than what we have learned. Not only is there a handbook to digest (and I had to learn it!), but there are classes that deal with these matters and other sensitive issues. Case studies are examined. It is drilled to us continually until we have that teaching certificate in hand. I am a strong advocate of children's rights and a strong advocate of educational standards, rules, and procedures. When applied correctly, the system works. When it is ignored (PSU), it fails.

Well, the Redskins are not a fully accredited educational institution, but I see what you are saying.

This is how I see it in a fully abstracted format. If I witness a neighbor doing such a horrific act in the adjacent woods, the nokia or landline is quickly used to call the police. Why? That is the law and we are expected to obey the laws of the land. It's that simple. It I don't report it, then I become a part of the cover up.

In an educational institution where I am an employee, I will follow the rules and procedures if I see such a heinous act. I will go to my superior immediately and report it.

Places of employment have policies and procedures for various reasons. If we're an employee there, it is a good idea to know what is in that handbook/handout. For all we know, the Redskins may have a handbook that deals with any such (potential) issues. Honestly, I don't know.

One thing is certain. Many institutions and workplaces may look at what happened at PSU and make some adjustments and additions to their own policies. And that is a part of the good that can come out of this terrible situation.

In some ways Mike, I wish it was as cut and dry as you would like it to be. I really do. I can't speak to a specific crime with details, but someone I know betrayed the trust of others. To this day, I want to render justice in a certain way, but the legal system is there for a reason and I must respect it. It's not perfect, but it is better than vigilante justice - and to let down my guard down a bit (only becuase this is the only one convicted thus far), Sandusky qualifies for it imho.

Until tomorrow. Thanks for the conversation. Pray for the victims and families.

I think that's a key point - it's not a court of law. It's the NCAA taking it's own internal actions in a situation where they felt it warranted and where they maybe wanted to set precedent. The NCAA can do whatever it wants within it's own bylaws. They aren't subject to requirements of 'proof', 'reasonable doubt' or any other legal standards. Despite this, they commissioned a former Director of the FBI to conduct an exhaustive investigation.

The irony of some of the outrage is that it's the same elevation of the importance of a football beyond anything reasonable that lead to the cover-up of Sandusky's abuse. In other words, yeah, the sanctions levied here may be unfair to many, it may be a very aggressive action taken by the NCAA. But what people are most upset about is the post-season ban, the taking away of wins, and the loss of scholarships (I believe, not so much because it will mean less opportunity for potential student athletes, but because it will *cripple* the program). That's the kind of focus that got Penn State where it is.

BB, I'm sorry, but it is that cut and dry. You're wrong here, and this is coming from the husband of an educator. First off, a teacher has the obligation to report abuse to the school nurse, and if nothing is done, to then go to the principal. If nothing is done, the teacher has to go directly to social services. The rules are fairly clear about this, actually. I could understand JoePa waiting a period of time to see if his reporting was acted upon, but at some point (6mos? A year?) he should have taken further steps.

Secondly, there is a moral obligation, as Mike has pointed out. Your assertion is essentially reads that JoePa should have been more concerned about his job than the wellbeing of these kids. That self interest is why Penn State got crushed, as Boone pointed out. At some point, as a human being, even if he thought he would get fired, didn't he have to look at himself in the mirror every morning? Besides which, he was JoePa for goodness sake. Are you arguing that he would have been fired had he done the moral thing and notified social services or the press or the university president or whoever?

Sorry BB. Paterno's name is mud and will always be mud. He was selfish, concerned only for his own legacy and the interests of his football program.

Neophyte said:

Individuals covered it up, Lanky. Not the institution.

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Ah yes, but they were individuals who represented the university! The president of the university? And is there one individual who is more representative of their institution than Joe Paterno? Joe Paterno IS Penn State football. Its not black and white for these types of things - there is a LOT of gray area.

Saying Penn State should be punished for the actions of 4 men is like saying our government should have been punished for the actions of Nixon in Watergate. Men commit crime, not institutions.

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You would be correct, if Nixon's actions in Watergate were to hide the government's abuse of children, and continue to maintain its profitability by hiding that fact. Apples and oranges, IMO.

Lanky Livingston said:

I will respond more in detail tomorrow, but the NCAA certainly has jurisdiction here. Check bylaw 19.02.1.

And BB, you can't compare high school football to D1 football, its apples and oranges.
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19.01.2 Exemplary Conduct.

Individuals employed by or associated with member institutions for the
administration, the conduct or the coaching of intercollegiate athletics are,
in the final analysis, teachers of young people. Their responsibility is an
affirmative one, and they must do more than avoid improper conduct or
questionable acts. Their own moral values must be so certain and positive
that those younger and more pliable will be influenced by a fine example.
Much more is expected of them than of the less critically placed citizen.


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As you can see, the NCAA has jurisdiction in this matter.