The State of Pennsylvania needs to prevail against the NCAA

Wednesday, Pennsylvania Governor Tom Corbett announced that his state would file a federal lawsuit against the NCAA over the heavy sanctions the league handed down to Penn State University in the wake of last year’s Jerry Sandusky child abuse scandal.

We need the state to prevail in that case.

Forget about any emotional reaction you have. Forget about whether or not you think the school deserved to be so heavily punished after such a horrifying and saddening scandal. This isn’t about justice at all. This is about a massive power grab by a bureaucracy that has grown out of control.

When NCAA President Mark Emmert bypassed the Committee on Infractions and handed down scholarship losses, a $60 million fine and a four year bowl ban, I wrote that he had created a troubling precedent.

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Here’s the real treachery in the waters that lie ahead, sports fans: With this new process in place, member schools finding themselves in impossible public relations situations regarding potential rules violations now have a way of completely bypassing the Committee on Infractions and negotiating terms of plea agreements directly with the President.

North Carolina? Oregon? Miami? Are you paying attention? You can now avoid the lengthy, embarrassing and costly NCAA enforcement process by petitioning the NCAA Executive Committee to authorize the President to cut you a deal. No Notice of Allegations to publicize. No perp walk into the Committee on Infractions hearing. No months long wait to learn your fate. No public shame in having the Committee Chairman blast you in a public news conference for such a “shocking” disregard for the rules.

Simply get a deal cut in a matter of days, have the President hold a 3:00 minute news conference and you’re done.

This blog has long complained about the arbitrary and chaotic process that the NCAA uses to mete out punishment. There seems to be no logic, rhyme or reason in comparing cases of similar nature and handing out similar penalties. Granted, the Penn State case is totally unprecedented in its scale and horror, but do we really need an even more arbitrary process in place?

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The answer is an unequivocal “NO.”

Pennsylvania will rightly argue that the NCAA used its sports governance authority to punish a member school for a scandal that had nothing to do with sports. That Jerry Sandusky was an assistant football coach and that his abuse occurred at football facilities and events is incidental to the fact that it was a criminal and civil torts matter. It’s to be settled in courts of justice, where the litigants are required by law to play by long established and clearly articulated rules.

The NCAA doesn’t like to fight battles in arenas where it doesn’t make the rules. Nor does it like to fight in situations where it can ignore the rules and do whatever the hell it wants to. The NCAA doesn’t care about the rule of law.

Put it this way—if the NCAA can punish the Penn State football program for Jerry Sandusky’s crimes, then it can publish any school for damned near anything it wants to. If Alabama doesn’t enforce underage drinking rules, the NCAA can fine the basketball program if one of the coaches happens to give a minor a bottle of whiskey. Or, it can punish Baylor when student-athletes are involved in drug rings. Or, let your imagination run wild because know this:

Grant any bureaucracy any additional power and regardless of how unlikely you view the outcome, that bureaucracy will eventually exercise it.

The NCAA absolutely must abide by its own rules. It absolutely must not be allowed to arbitrarily and capriciously mete out punishment just because the media and a vocal public demand that they “do something” in high profile scandals like this.

The only entity that can force the NCAA to back down and play in bounds is the United States justice system, and the only player with sufficient standing and resources to see that battle through is a sovereign state.

Pennsylvania absolutely MUST prevail.

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Freeh Report Press Release and Full Report (alternate links inside)

Louis Freeh has released his report detailing the results of his probe into the Sandusky scandal at Penn State. The servers at www.thefreehreportonpsu.com were instantly slammed with traffic.

Fortunately, I got through and was able to download a copy of the press release and appurtenant comments.

You can access it (PDF) here. 

UPDATE: Full report is available (PDF) here.

The findings are damning:

II. Findings
Our most saddening and sobering finding is the total disregard for the safety and welfare of Sandusky’s child victims by the most senior leaders at Penn State. The most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never demonstrated, through actions or words, any concern for the safety and well-being of Sandusky’s victims until after Sandusky’s arrest.

In critical written correspondence that we uncovered on March 20th of this year, we see evidence of their proposed plan of action in February 2001 that included reporting allegations about Sandusky to the authorities. After Mr. Curley consulted with Mr. Paterno, however, they changed the plan and decided not to make a report to the authorities. Their failure to protect the February 9, 2001 child victim, or make attempts to identify him, created a dangerous situation for other unknown, unsuspecting young boys who were lured to the Penn State campus and football games by Sandusky and victimized repeatedly by him.

Further, they exposed this child to additional harm by alerting Sandusky, who was the only one who knew the child’s identity, about what McQueary saw in the shower on the night of February 9, 2001.

The stated reasons by Messrs. Spanier, Schultz, Paterno and Curley for not taking action to identify the victim and for not reporting Sandusky to the police or Child Welfare are:

(1) Through counsel, Messrs. Curley and Schultz have stated that the “humane” thing to do in 2001 was to carefully and responsibly assess the best way to handle vague but troubling allegations.

(2) Mr. Paterno said that “I didn’t know exactly how to handle it and I was afraid to do something that might jeopardize what the university procedure was. So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did. It didn’t work out that way.”

(3) Mr. Spanier told the Special Investigative Counsel that he was never told by anyone that the February 2001 incident in the shower involved the sexual abuse of a child but only “horsing around.” He further stated that he never asked what “horsing around” by Sandusky entailed.

Taking into account the available witness statements and evidence, it is more reasonable to conclude that, in order to avoid the consequences of bad publicity, the most powerful leaders at Penn State University – Messrs. Spanier, Schultz, Paterno and Curley – repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the Board of Trustees, Penn State community, and the public at large. Although concern to treat the child abuser humanely was expressly stated, no such sentiments were ever expressed by them for Sandusky’s victims.

NCAA Statement:

NCAA statement on Penn State

Statement by Bob Williams, Vice President of Communications

“Like everyone else, we are reviewing the final report for the first time today.  As President Emmert wrote in his November 17^th letter to Penn State President Rodney Erickson and reiterated this week, the university has four key questions, concerning compliance with institutional control and ethics policies, to which it now needs to respond. Penn State’s response to the letter will inform our next steps, including whether or not to take further action. We expect Penn State’s continued cooperation in our examination of these issues.”

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NCAA doesn’t need Sandusky scandal to punish Penn State

Since CNN reported on a series of emails that showed Penn State coach Joe Paterno steered decisions on whether to report knowledge of Jerry Sandusky’s monstrous child molestation behavior, a debate has raged: Should the NCAA use its power as the collegiate athletics governing body to investigate and if necessary, punish the university?

CNN upped the ante with another story, this one reminding us of a Wall Street Journal report exploring Paterno’s preference for handling problems outside of the school’s discipline policy and the pressure he applied to school officials who disagreed with him.

Those arguing that the NCAA has no business wading into the Sandusky case over how school officials handled knowledge of his crimes are correct. Sandusky is already convicted and will die in prison. His enablers likely face criminal and civil liability as well. The people who committed and enabled this criminal behavior will be served justice, but the NCAA is not the body that will—or even should—administer it.

However, the NCAA doesn’t need to go near the Sandusky case to find cause for action.

From the November Wall Street Journal story:

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In an Aug. 12, 2005, email to Pennsylvania State University President Graham Spanier and others, Vicky Triponey, the university's standards and conduct officer, complained that Mr. Paterno believed she should have "no interest, (or business) holding our football players accountable to our community standards. The Coach is insistent he knows best how to discipline his players…and their status as a student when they commit violations of our standards should NOT be our concern…and I think he was saying we should treat football players different from other students in this regard."

The confrontations came to a head in 2007, according to one former school official, when six football players were charged by police for forcing their way into a campus apartment that April and beating up several students, one of them severely. That September, following a tense meeting with Mr. Paterno over the case, she resigned her post, saying at the time she left because of "philosophical differences."

In a statement Monday, Dr. Triponey said: "There were numerous meetings and discussions about specific and pending student discipline cases that involved football players," which she said included "demands" to adjust the judicial process for football players. The end result, she said, was that football players were treated "more favorably than other students accused of violating the community standards as defined by the student code of conduct."

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What this means is that football student-athletes were given preferential treatment, a practice that has led to sanctions for many schools. Protecting football players from a code of conduct and discipline that all other students are subjected to is clearly contrary to NCAA by-laws.

What this also means is that school administrators had a system of institutional control over athletics in place—meaning that the President and his leadership were ostensibly in charge of how the football program conducted itself—and Paterno actively sought to circumvent that system and had Dr. Triponey forced out for not going along with him.

Rather than forcing Paterno to adhere to institutional policy regarding student-athlete discipline matters, Spanier, Curley et al let him run his own show. That is a clear violation of NCAA institutional control policy.

In comments to CBS’ Bruce Feldman, David Ridpath, Assistant Professor of Sports Administration at Ohio University, explained:

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“This could definitely be perceived as an extra benefit and yes, it could bootstrap into LOIC (Lack of Institutional Control) without even having to address Sandusky. It would set a precedent, but that is normal for the NCAA. I told a reporter it would have to be something other that Jerry Sandusky -- this is it for the NCAA if they want to do something and it does give them a bit of cover.

“I think the more it is not Jerry Sandusky, the better and they can certainly go this route. The Freeh report will be the tipping point.”

Keep in mind, this wouldn't be the first time the NCAA created a precedent tied to a high-profile case. It did that with both the Reggie Bush and Cam Newton investigations. As I wrote a few weeks back, the NCAA's lists of acts that demonstrate a lack of institutional control are tied to violation of NCAA rules, not real-world crimes -- but the NCAA brass is on record as saying it would be keeping an eye on how things unfolded with the Penn State investigation. Well, now we're getting into the investigation of the culture at Penn State.

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Hypothetically speaking, the NCAA would find Penn State officials lacked proper institutional control over the football program. That failure to control led to numerous incidents of student-athletes receiving improper benefits in the form of more favorable disciplinary actions. This in turn created a competitive advantage because players would should be suspended under school policy are allowed to play under those special rules.

The fact that the same lack of institutional control over the athletics program also caused school officials to enable Sandusky’s atrocities is a tragic development, but it is completely coincidental to the NCAA’s case. The judicial system will address the Sandusky scandal. But the Committee on Infractions could—and should—determine whether the school deserves sanctions for how it allowed Paterno to call the shots on almost all things Penn State University, not just football.

Exit Question: Will they? My bet is that ultimately, they do. Failing to conduct a full review and not having the school appear before the Committee would likely cause a public backlash like no other. Most of the public and even some members of the media are incapable of separating the lack of institutional control issue from enabling and protection of Sandusky.

As far as they’re concerned, any and every case arising from Paterno’s last decade or so as coach will always be about Sandusky. To a large segment of these folks, the NCAA has to be seen as having “done something” as the governing body. Triponey’s account of Paterno’s behavior in disciplinary matters unrelated to the Sandusky scandal gives them the route they need and I believe they’ll take it.

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Paterno family accuses CNN of “smear” campaign

Through an attorney, the family of the late Joe Paterno released the following statement, in which they accuse CNN and/or the source of selected emails of smearing the one-time legendary coach.

Here is the statement, emphasis mine:

From the moment the Jerry Sandusky crisis erupted, Joe Paterno patiently and persistently called for a thorough and professional investigation. He abhorred the rush to judgment that occurred last November and he spoke out forcefully for a comprehensive review that protected no one while preserving due process for everyone.  Coach Paterno emphasized that the best way to serve the victims and protect the reputation of Penn State was by a total commitment to uncovering the full truth.

With the leaking of selective emails over the last few days, it is clear that someone in a position of authority is not interested in a fair or thorough investigation. To be clear, the Paterno family does not know the source or sources of these leaks.  The question that needs to be asked is why this breach of confidentiality, which seeks to preempt the Freeh report and undermine the courts, is not being objected to or otherwise addressed by those in a position of authority. It should not be the responsibility of the Paterno family to call for an honest, independent investigation. Given the seriousness and complexity of this case, everyone should be demanding the full truth, not just carefully selected excerpts of certain emails.

Releasing these emails in this way is not intended to inform the discussion but to smear former Penn State officials, including Joe Paterno. The truth is Joe Paterno reported the 2001 incident promptly and fully. He was interviewed by the Grand Jury for a total of 8 minutes and told the truth to the best of his recollection. He was never interviewed by the University. He was not afforded due process and his story was never fully told.  And he was never allowed to see the files and records that are now in question. In spite of these facts, however, numerous pundits and critics are exploiting these disconnected and distorted records to attack Joe Paterno.

Accordingly, the Paterno family today is calling on the Freeh Group and the Attorney General's office to immediately release all emails and records they have related to this case.  The public should not have to try and piece together a story from a few records that have been selected in a calculated way to manipulate public opinion. Joe Paterno didn't fear the truth, he sought the truth. His guidance to his family and his advisors was to pursue the full truth.  This is the course we have followed for 9 months. It is the course we will follow to the end.

Again, I point to the well researched post from LivingCrimson last November, which indicated that Joe Paterno not only knew what was going on, but did nothing to stop it and only began calling for the truth once everyone knew what he did.

That said, never, ever EVER put it past the media to cherry-pick confidentially sourced information to drive a narrative they’re interested in. To put it mildly, CNN is struggling mightily as a going news organization. What was once one of the most trusted sources in news has become a watered down TMZ.

The Paterno family is still in mourning, as is much of the Penn State family of students, boosters and alumni. The Sandusky trial reopened a lot of wounds and while the emails CNN says they’ve reviewed show a massive coverup, remember that CNN is the only entity to have reviewed the material.

Paterno’s family is well justified in calling for the release of all correspondence, and CNN and/or their source should comply.

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Jerry Sandusky CONVICTED on 45 counts

Former Penn State coach Jerry Sandusky was convicted on 45 of the 48 remaining charges in the child sex abuse case.

Now, let’s say some heartfelt prayers for his victims, and for those who have survived similar abuse. Their bravery cannot be understated. Sandusky spends the rest of his life in prison. Victims lives will never be the same.

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Jerry Sandusky still woven into Nittany fabric a week before arrest

The Patriot-News reports that indicted child molester and former Penn State defensive coordinator Jerry Sandusky was as tightly woven into the fabric of the Nittany Lions football program as ever, even days before he was arrested on charges of child sexual assault.

So well connected was the alleged monster that he pal’ed around in former president Grant Spanier’s luxury box during the last home game before being cuffed and hauled away.

From the Patriot News story:

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A week before his arrest on charges of child sex abuse, sources say Jerry Sandusky watched Joe Paterno notch his 409th victory from the president’s box at Beaver Stadium, sources said Wednesday.

A source close to the Penn State board of trustees told The Patriot-News that Sandusky was seen in the president’s box that day and later went to the Nitttany Lion Club.

Earlier Wednesday, former Nittany Lions linebacker Brandon Short said he had been told by two independent sources, whom he did not identify, that Sandusky was in the president’s box for the Penn State-Illinois game on Oct. 29.

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That he had this type of access should be shocking, but nothing about this case is shocking anymore. Despite ample evidence that everyone from Grant Spanier to the graduate assistants knew (or should have known) about Sandusky’s horrifying dark side, he was still chumming it up and celebrating with Penn State high muckity-mucks.

What in the world could the others watching from that box have been thinking? Were they just blocking everything out? Were they whispering among themselves about what they obviously knew was coming? Why didn’t someone like Spanier, or athletic director Tim Curley, or vice president Gary Schultz, or anyone, just call the retired defensive coordinator and tell him not to bother showing up?

Moreover, this highlights the bigger question: Why, given the knowledge they had (or should have had), why wasn’t this man stopped years ago? Had anyone stood up and decided to do the right thing, Sandusky would likely already be serving his sentence in a state penitentiary, Spanier, Curley and Schultz would still have jobs, and Joe Paterno would still be the head coach.

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Sandusky waives preliminary hearing - plea deal coming?

Via the Associated Press and SportsIllustrated.com:

Published on SI.com - NCAA Football | shared via feedly

BELLEFONTE, Pa. (AP) -- Former Penn State assistant football coach Jerry Sandusky has waived his preliminary hearing, a decision that moves him toward a trial on charges of child sex abuse. At least some of his 10 accusers had been expected to testify at the hearing.

While the report states that Sandusky's waiver moves him toward trial, it's more likely at this point that Sandusky will plead guilty and accept a negotiated sentence. Nate Bauer, writing for BlueWhiteIllustrated.com, tweeted that a retired law professor "guaranteed" that the sequence of events at the courthouse today mean Sandusky wants to deal.

Keep in mind that as heinous as the crimes are, Sandusky has no prior convictions and sentencing guidelines would probably limit his sentence as a result. Bauer indicates that his legal analyst believes a 10-year term is likely, meaning Sandusky might walk out of prison at 77 years old, a free man.

Two new reports paint ugly picture of Penn State culture

Two of the country’s largest and most influential daily newspapers—the Wall Street Journal and the New York Times—have feature stories on key figures in the Penn State case that has engulfed a state’s largest public institution in scandal and controversy.

The Times has a story from Richard Perez-Pena explaining how former university President Graham Spanier enjoyed both success and secrecy, despite being one of the highest profile presidents in the NCAA.

Spanier, according to the report, had a policy of shoring up defenses when his institution’s actions came into question:

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In his 16 years as president, Spanier and his administration had a history of circling the wagons in the face of criticism or scrutiny, fitting into what many say was an insular Penn State culture that preceded his tenure. It occurred when high-profile Penn State employees came under fire, when student actions threatened to embarrass the university, and when people sought to obtain information that almost any other public institution would be required to release.

That instinct might have accelerated Spanier’s downfall. On Nov. 5, when Gary Schultz, a senior vice president, and Tim Curley, the athletic director, were charged with perjury, Spanier released a statement saying he had “complete confidence” in their handling of the accusations against Sandusky — a statement that incensed university trustees, according to people briefed on their deliberations.

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Also today is a detailed report from the Journal’s Reed Albergotti, who describes how Joe Paterno often bitterly fought school officials over disciplinary issues facing his players. Time and time again, and with increasing frequency in later years, football players would be caught or accused of serious wrongdoing, only to have the coach attempt to prevent school officials from imposing the same discipline it would on ordinary students.

Paterno’s insistence and an ultimatum delivered to Spanier forced the school official responsible for student judicial affairs system to back off, and eventually resign over “philosophical differences.”

Taken together, these and other stories—such as those outlined in this piece by LivingCrimson—show that the school’s carefully crafted image as a model institution of compliance and success was a fraud. It’s this revelation that probably has so many college football fans reeling over the news of the last few weeks.

Until news of the Jerry Sandusky indictments on child sexual abuse charges, Penn State University and the Penn State Nittany Lions were universally revered as what was right and good about major college athletics. Penn State was held up by the school itself and many mainstream media figures as the kind of program all should strive to be.

But as more of these news stories peel back the layers, the more this case feels like learning that the parish convent was running a brothel.

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Video: Disturbing interview with Jerry Sandusky

Via the Today Show and MSNBC.com.

“I enjoy being around children. I enjoy their enthusiasm. I just have a good time with them.”

It’s a chilling segment.

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Reports from the Patriot-News’ Sara Ganim indicate that there were clues as early as 1995 that Sandusky’s evil was already underway. @LivingCrimson has an excellent rundown of how Penn State and law enforcement either knew or should have known what was going on throughout the 1990’s.

Here’s another data point on the timeline. If he was abusing children as far back as 1987, and given his target age of 10-14 years old, there may be people born in 1974 to 1977 still carrying the pain of abuse he is alleged to have inflicted.

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NCAA may wade into Penn State scandal

NCAA President Mark Emmert released the following statement today regarding the Penn State scandal:

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Regarding the ongoing Penn State criminal investigation, the NCAA is actively monitoring developments and assessing appropriate steps moving forward. The NCAA will defer in the immediate term to law enforcement officials since this situation involved alleged crimes. As the facts are established through the justice system, we will determine whether Association bylaws have been violated and act accordingly. To be clear, civil and criminal law will always take precedence over Association rules.

Mark Emmert
President, NCAA

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So, which NCAA by-laws might apply here?  One suggestion is by-law 2.4:

2.4 THE PRINCIPLE OF SPORTSMANSHIP AND ETHICAL CONDUCT [*]
For intercollegiate athletics to promote the character development of participants, to enhance the integrity of higher education and to promote civility in society, student-athletes, coaches, and all others associated with these athletics programs and events should adhere to such fundamental values as respect, fairness, civility, honesty and responsibility. These values should be manifest not only in athletics participation, but also in the broad spectrum of activities affecting the athletics program. It is the responsibility of each institution to: (Revised: 1/9/96)

(a) Establish policies for sportsmanship and ethical conduct in intercollegiate athletics consistent with the educational mission and goals of the institution; and (Adopted: 1/9/96)

(b) Educate, on a continuing basis, all constituencies about the policies in Constitution 2.4-(a). (Adopted: 1/9/96)

It’s hard to imagine that the NCAA could do any more damage to the image of Penn State right now. It’s equally hard to imagine how any sanctions could punish the institution more severely than its being punished now in the court of public opinion.

Exit Question: Is this College Football’s “Watergate?” The one event in the history of something uniquely American that everyone points to as the day everything changed?

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Fred Phelps, Westboro Baptist schedule protest for Penn State – Nebraska game

If you thought the Penn State scandal couldn’t get any more circus-like than it already is, then we have some news.

The same disgusting group that pickets the funerals of fallen soldiers has decided that the Penn State Sandusky scandal is an opportunity for attention whoring that’s too big to pass up.

And let’s be honest—there’s not a bigger attention whore on the planet that the “reverend” Fred Phelps.

I’m not linking to the vile site. So here’s the text of their statement on the “event.”

 

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WBC will picket the Penn State vs. Nebraska "Senior Day Clash."  Now there are two doomed states if ever there were. On the one side you have Nebraska who arrested one of the servants of God for allowing her son to stand on this nations idol.  On the other side you have the state that started the mischief of putting the church of the Lord Jesus Christ on trial for preaching! 

Now, Penn State has the wrath of God raining down on them in righteous judgement!  They have taken from the playbook of the Catholics.  Let's diddle the little kiddies and hide it from top to bottom!  Fitting that the head cover-up artist is called the Pope of Happy Valley.  How sick is that!  Not surprising, but sick!  College in this country is nothing more than a giant party, with a few classes set to instruct in sin thrown in for good measure.  What you have turned out of those classes are raping priests, raping coaches, raping marines, along with various other  violent dangerous brutes that are poised to be tomorrows "heroes" in this vile land.  Wake up!  You have angered your God beyond recovery.  More and worse is coming!  America is doomed!

Were they ashamed when they had committed abomination? nay, they were not at all ashamed, neither could they blush:  therefore shall they fall among them that fall: in the time of their visitation they shall be cast down, saith the LORD.  Jeremiah 6:15 & 8:12

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You may recall that a group of innovative patriots decided to take measures into their own hands when the Westboro bigots tried to picket a funeral in Weston, Missouri just one year ago. There’s no love lost here for the school leadership, but Saturday’s contest between Nebraska and Penn State should be about football, not about attention whoring.

I hope Penn State fans can channel some of their anger and direct it at people for whom hate knows bounds we cannot comprehend. I also hope they come up with a new and innovative way of keeping the attention whores of Westboro Baptists from making the scene they so desperately need.

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Joe Paterno’s full statement, announcing his retirement at the end of the 2011 football season

 

STATE COLLEGE, Pa., Nov. 9, 2011 -- I am absolutely devastated by the developments in this case. I grieve for the children and their families, and I pray for their comfort and relief.

I have come to work every day for the last 61 years with one clear goal in mind: To serve the best interests of this university and the young men who have been entrusted to my care. I have the same goal today.

That's why I have decided to announce my retirement effective at the end of this season. At this moment the Board of Trustees should not spend a single minute discussing my status. They have far more important matters to address. I want to make this as easy for them as I possibly can.

This is a tragedy. It is one of the great sorrows of my life. With the benefit of hindsight, I wish I had done more.

My goals now are to keep my commitments to my players and staff and finish the season with dignity and determination. And then I will spend the rest of my life doing everything I can to help this University.

JoePa is right about one thing. The Board of Trustees does indeed have far more important issues to address, and the first item on that agenda should be the immediate dismissal of University President Graham Spanier.

Spanier cannot be allowed to have Joe Paterno be the only high profile head to roll in this crisis. His leadership failures, his neglect of his moral obligations and his absolute cowardice in the midst of this crisis are unforgivable. Spanier must go, too.

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Where the HELL is Graham Spanier?

Last Friday, Former Penn State assistant coach Jerry Sandusky was indicted on 40 counts of deviant sexual intercourse and assault of minor children.

All of the parties involved in the case have either appeared in public or had their attorneys or spokespersons provide comments to the media. In perhaps the darkest moments of his storied college football coaching career, even the iconic Joe Paterno has appeared in public and briefly answered questions.

But where the hell has Penn State University Graham Spanier been?

On Sunday, he released the following statement:

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The allegations about a former coach are troubling, and it is appropriate that they be investigated thoroughly. Protecting children requires the utmost vigilance.

With regard to the other presentments, I wish to say that Tim Curley and Gary Schultz have my unconditional support. I have known and worked daily with Tim and Gary for more than 16 years. I have complete confidence in how they have handled the allegations about a former University employee. 

Tim Curley and Gary Schultz operate at the highest levels of honesty, integrity and compassion. I am confident the record will show that these charges are groundless and that they conducted themselves professionally and appropriately.

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The two men to whom Spanier pledged his unconditional support have since stepped aside. The indictment charges them with perjury in their testimony to the grand jury and failure to report sexual abuse of minors. His denouncement of the charges against them thus rings hollow.

The only opportunity the media had to interact with Penn State administrative and athletics staff and coaches was a regularly scheduled press conference for Tuesday afternoon. Less than an hour before mics went hot, Spanier abruptly canceled it.

In the Pennsylvania Attorney General’s press conference on Monday, AG Linda Kelly said Paterno was not a target of the investigation, but stopped short of clearing Spanier.

“All I can say is, again, I’m limited to what’s contained in the presentment, and that this is an ongoing investigation,” Kelly said.

Let’s be clear. Spanier knew what was going on in 1998 when the allegations first came to light and were investigated by university police. Spanier learned that it hadn’t stopped in 2002 when then graduate assistant Mike McQueary reported that he’d witnessed Sandusky sexually assaulting a young boy in a shower. Spanier knew that law enforcement was investigating Sandusky in 2009, and was reminded of the ongoing nature of the investigation again in March of this year. He knew. They all knew. They did nothing.

That means Spanier almost assuredly is a target of the investigation, but that is no reason to hide under a desk. Penn State University is in the middle of a crisis never before seen and the school’s president is nowhere to be seen. The school’s Board of Trustees is set to meet this week, and its statement pledges “swift and decisive action” by a committee it will appoint.

A committee? Swift and decisive action? Committees take weeks to decide what refreshments will be served during the morning break. Expecting anything meaningful—much less swift—is akin to expecting NCAA President Mark Emmert’s Presidential Retreat to develop meaningful reform.

Oh and by the way, Graham Spanier attended that event. In fact, Spanier never met an NCAA committee he didn’t like. He was even mentioned in some circles as the man who could succeed Myles Brand as President of the NCAA. His visibility when things are cheeky makes his inaccessibility during this crisis all the more appalling. Leadership isn’t manifested when things go well. Crises are where leaders are separated from cowards. I’ll let you make the call on Spanier’s performance since Sunday.

Going forward, a lot of ink and bandwidth will be consumed over JoePa’s future and whether his body of work should outweigh poor decision-making in failing to report Sandusky to the police.  Spanier’s failures are much more tangible. His do-nothings on reporting the allegations to authorities are now intensified by his utter failure to even show his face in the midst of this crisis. He sure didn’t mind showing up in Indianapolis. Where the hell is he now?

UPDATE: Lehigh Valley Live is reporting that Spanier is likely to be forced out today. To those asking: No, I’m not happy now. And no one should be in a situation like this.

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Reports: Media, Penn State University and others knew about Sandusky investigation in 2009

One of the greatest college sports programs in history is melting down, and we’re watching in real time as events unfold.

Many observers are struck by Penn State’s disastrous crisis management. Since the indictments were handed down late Friday, charging Penn State Assistant Coach Jerry Sandusky with unspeakable crimes against children, those involved raised a facade of shock and disbelief.

The late night, weekend statements released by Penn State President Graham Spanier and Coach Joe Paterno expressed shock and sadness. Emergency meetings were held in the dead of night. High ranking heads rolled within hours of receiving “unconditional support.” A regularly scheduled press conference was cancelled and an off-campus, unofficial presser was rumored to be set for later the same day. Reading those statements and interpreting those events, one almost gets the sense that they were blindsided.

No one saw it coming?

Not so fast.The Harrisburg Patriot-News found out about the investigation in March 2009 and began tracking the story a few months later.

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Staff writer Sara Ganim first heard about these allegations in March 2009, shortly after they were reported to police. She began working on the story in August of last year after speaking with a couple of people who could corroborate and fill in certain details of the investigation.

Over the next seven months, Sara did reporting in Centre, Mifflin, Clinton and Dauphin counties. She interviewed more than 26 people, often three or four times. We confirmed their statements in other ways, as well.

Nearly everyone in this story spoke on condition of anonymity. That concerned us from the very beginning. At every step, we made certain that at least two different and wholly unrelated people — and nearly always more — reported the same facts.

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When you have two (or more) anonymous sources independently providing you with the same information, you run with it. I’ve done it on this blog and watched as the story I wrote unfold as reported. Even in sensitive matters like this, two independent and corroborating sources are solid gold. The only thing more credible is possession of the fabled smoking gun.

The indictment of Sandusky and the media meltdown that has ensued shouldn’t have surprised anyone. It couldn’t have surprised Spanier, Curley, Shultz or Paterno. Not only did they certainly know that the Patriot-News was aware of and actively covering the story. They knew from firsthand knowledge and testimony before the grand jury. They knew.

In March and April of this year, the Patriot-News was publishing and defending themselves against harsh criticism. The column linked above details the careful, meticulous journalism employed in developing their story. So where was the mainstream sports media? What had them so busy at the time that this story slipped between the cracks and hit the bit bucket instead of the front page?

Could it have been the fall of another Big 10 Legend?

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Happy Valley’s dark, ugly secret

Jerry Sandusky, former Penn State Nittany Lions assistant coach was indicted last week on felony sex abuse charges against minors. Sandusky will faces 40 counts of involuntary deviant sexual intercourse of someone under 16, aggravated indecent assault, indecent assault of someone under 16, indecent assault of someone under 13, and corruption of minors. The incidents were alleged to have taken place from 1996 through 2005 and the was handed down after a two-year long grand jury investigation.

Read the grand jury report for yourself, but be prepared to vomit. It is disgusting.

Also indicted were Penn Athletic Director Tim Curley and PSU Vice President Gary Schultz, who will be charged with felony perjury in their grand jury testimony in the case and failure to report to law enforcement what they knew about Sandusky's behavior.

As with all criminal cases, the defendants are presumed innocent until proven guilty beyond a reasonable doubt. But if true, this scandal would represent a dark and ugly secret, kept quiet by people who had a responsibility to stop and report the abuse. There is a special place in hell for people who hurt children and Mr. Sandusky—if convicted—will spend the rest of his natural life in prison and then enter his eternity of perdition. Is there also a special place in hell for those who knew what was going on, and covered it up? What if one of those was a beloved icon of college football?

In a statement released Sunday, legendary football coach Joe Paterno said “we were all fooled” by someone who, according to the indictment, had engaged in unspeakable abuses of children for ten years. Can we seriously believe that an entire athletics administration had no idea that there may have been a pedophile on their staff? Can we accept the fact that by failing to report the alleged behavior and allowing Sandusky to remain employed by the university until he retired, Penn State not only covered up the scandal, but enabled Sandusky to continue the unimaginable crimes he is accused of?

This is not a college football scandal. This descends far deeper than improper benefits, illegal recruiting, point shaving or doping. This isn’t about a bunch of bowl and conference executives living large and gaming a system for money, power and prestige. This is a scandal in which the most defenseless of victims were alleged to have been horribly and irreparably harmed over and over again, and people with the knowledge and responsibility to stop the abuse failed them. It’s absolutely heartbreaking.

Curley and Schultz have both stepped down from their positions at the university. Coach Paterno—who testified before the grand jury—remains. Paterno says he was told of an incident by an assistant coach who witnessed Sandusky abusing one of his victims and, since Sandusky was retired at the time of the incident, reported it to the athletics department. Paterno’s son Scott—an attorney who helped his father draft his statement—says that’s all he could do. If that makes you squirm in discomfort, join the club. I shudder to think that a man of JoePa’s character and intellect would not conclude that Sandusky may have been engaging in a horrible pattern of abuse and do something about it. If he thought what he was told was credible, he had a moral obligation to do more than just pick up the phone and call Curley.

A week ago today, the college football world was toasting JoePa’s 409th career victory, making him the all-time winningest coach in history. But today, we’re wondering whether that legacy will now be forever tarnished. Instead of remembering him for all of the young people he helped through his decades as a college football coach, some will ask: “What did JoePa know, and when did he know it?”

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