Paterno's responsibility?

Just to be clear, if what we watched on a television news program the other night is correct, none of these people had any legal obligation to report the rapes to the police. Under Pennsylvania law, if a person witnesses child rape in the context of their employment, their responsibility is limited to reporting it to work superiors.

The report did say that many consider the law outdated and are working to change it.

Can anybody confirm or contradict this?

In the other 47 billion threads on this, people have stated that Paterno fulfilled his legal obligations under Pennsylvania law.

What others are arguing is that he did not fulfill his moral obligation to ensure that the proper authorities (i.e., police officers) were notified.

Of course, if the email McQueary’s friend leaked yesterday is the truth, then McQuery told the police and stopped the rape. I think it is safe to assume he told Paterno he called the police, in which case Paterno’s contacting the AD and the VP in charge of the police, and not the police, was the correct response.

Now one must wonder why, if the email is the truth, did the police apparently do nothing, and if the email is a lie, then what really did happen that night?

And, now you might be right, Seldon. While Paterno had significant power, he is/was not some dictator ruling a small town. I don’t see that he could squash allegations of this serious a nature, even if he actually pushed. (Remember, this was the time period when they were considering firing Paterno just because he wasn’t winning. I can’t see that he had to power to squash an investigation into child rape.) It can certainly be argued that something would have happened if he really pushed, but that’s less clear.

If the email is true, then it contradicts McQueary’s sworn testimony to the grand jury which opens him to charges of perjury. It also points to a cover-up that’s far more disturbing and widespread than we’ve been led to believe.

If it’s not true, well then, he’s just trying to make himself appear less cowardly.

So frustrating. I am not an Internet TuffGuy - I promise. But if I saw what McQueary saw, I would’ve snapped and gone Travis Bickle on him right there in the shower. People would be debating what, if anything, my charges and punishment should be. I typed this not to thump my chest, but to illustrate how inconceivable McQueary et al response was from my POV.

Not necessarily. It is my understanding that the Grand Jury report available to the public is not the complete Grand Jury report: it is only the “unclassified” part. (I don’t know what the law community calls these things.) I would be surprised, for example, if they released anything pertaining to investigations of the police, and a statement that he told the police would be suppressed.. I think we will have to wait and see.

One thing about McQueary is that he not physically a coward. He is purported to have broken up a potential knife fight involving a football player, as a student. Whatever happened, I don’t think physical cowardice is a factor. Assuming his allegations against Sandusky are correct, I can believe shock, fear of having any kind of career, fear for his family, etc. influenced his decisions, but I do not believe cowardice with regard to himself.

I believe it was cowardice in terms of his fears of losing his precious position with Papa Joe, and while that may not be physical cowardice, it is, in my opinion, moral cowardice.

The way I see it there are three possibilities:

  1. McQueary is making everything up, and is one sick pup trying to make an incredibly sordid accusation stick to a man he knows is vulnerable. This seems extremely unlikely.

  2. McQueary is making up the part about telling the police. (There is no question he told the man in charge of the police, that guy is one of the guys on the block for perjury. The Grand Jury decided in favor of McQueary based on Paterno’s testimony.) In which case, I agree it was a moral failing. I think he would have been risking more than you think, though. It was more than risking his position with Paterno. (I don’t see the need for belittling Paterno calling him “Papa Joe”. Not until all the facts are out.) At pretty much the same time, a Baylor head basketball coach attempted to cover up one of his players killing another player. I’ve read that the assistant coach who blew the whistle has never found another coaching job. I’d hate to think your career would get ruined for reporting child rape, but McQueary could justifiably think so. I’d like to think I’d be willing to toss in my career, and my home, for something like this, but I’ve never been in that situation. I wouldn’t go so far as to all it cowardice, just completely wrong.

  3. McQueary is telling the whole truth: he did stop the rape, he did call the police, and he testified truthfully to the Grand Jury. In this case, there is not much more one can expect of McQueary, or even Paterno. Yeah, they both could have kept prodding more, but the reason we have institutions like the police is that they are supposed to be the professionals at handling this stuff. We also don’t know what they were told was going on, etc.

I think we need to wait. Cases like this are why we have judges and an expensive, ponderous legal system.

Which way do I lean? I don’t believe #1, but that’s just because that would really be bizarre. Given that I think any human being would call the police, I lean more towards #3 than #2. We’ve certainly seen corruption within police departments before, and the PA government. Hell, back in the 80’s Seagrams proved in a court of law that they had to bribe PA Liquor officials in order to get their product stocked. Shortly thereafter, something like 180 bureaucrats were busted. OTOH, there have certainly been corrupt football programs, but nothing like this.

I think which one you believe based on the current data depends on your proclivities. When the Ted Haggard scandal arose, I asked myself, “Who do I believe, the fundamentalist preacher, or the drug using, male prostitute?” I went with the prostitute. Here, it is who do I trust, the protege coach and his grand master, or the local legal system? I don’t know any of the officers or AGs involved, although I do know that one disappeared. I also know that Paterno has got to be the only head coach to walk into a Division I university’s board, and demand that they raise academic standards. He is also the only one I know that recruited star players by telling them they’d have to read a book list, and submit regular reports. So, I lean in his favor. But I could be wrong.

Since we are in the IMHO forum, I’ll go on record saying I think you will be. I beleive that there will be evidence presented showing a deliberate effort by PSU athletics, including to some degree JoePa, to make this “all go away”.

Not let’s make sure that Sandusky is prosecuted, not let’s make sure we protect kids, not let’s follow a higher moral calling. None of that. I think when this is all said and done, PSU (including Paterno) will have been shown to have allowed a child predator to continue his actions for a number of years after they couldhave stopped him.