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Reuters file
Penn State University President Graham Spanier, left, and Jerry Sandusky attend the Second Mile Celebrity Golf Classic, in State College, Penn. in 1997.
Of four former top Penn State employees accused by an independent investigation of concealing sexual abuse by Jerry Sandusky, one is dead and two are facing charges of perjury and not reporting abuse.
The fourth, former university president Graham Spanier, remains on the Penn State staff and hasn't been charged.
But a report published Thursday on what went wrong at Penn State outlines Spanier's actions and could increase the likelihood that prosecutors will pursue criminal charges against him as well, a legal expert said.
"Do I think he will face further ramifications?" said Drexel University law professor Dan Filler. "He’s definitely at risk."
The 276-page report on the findings from of a special investigation led by Louis Freeh emphasizes the roles of "the four most powerful people" at Penn State "who failed to protect against a child sexual predator harming children for over a decade."
That lumps Spanier with former Penn State vice president Gary Schultz and former university athletic director Timothy Curley, and former head football coach Joe Paterno, who died in January. Schultz and Curley are accused of failing to report the allegations of sexual abuse by Sandusky, and of committing perjury when questioned by a grand jury.
Penn State report: What it says about Sandusky’s associates
These men "concealed Sandusky’s activities from the Board of Trustees, the University community and authorities," concluded Freeh, who was hired by Penn State to conduct the investigation.
Spanier rejected that accusation.
"Unfortunately, Judge Freeh's conclusion … that Dr. Spanier was engaged in a course of 'active concealment' is simply not supported by the facts or by the report itself," said a statement Spanier issued Thursday through his attorneys, Peter Vaira and Elizabeth Ainslieon Thursday.
Sandusky, 68, was arrested in November 2011 and found guilty of 45 counts of child sexual abuse. He is in jail awaiting sentencing.
The Freeh report looked into the role of individuals and the institution of Penn state in failing to stop Sandusky. It says Sandusky assaulted boys on university property and focused on two incidents — a 1998 sexual abuse complaint that was investigated by police and a 2001 eyewitness report of Sandusky apparently involved in sexual activity with a 10- to 12-year-old boy in a shower.
The statement from Spanier’s lawyers repeated his claim that he was never contacted by law enforcement or other officials about criminal conduct on the part of Sandusky.
"As he told Judge Freeh himself last Friday and has steadfastly maintained, at no time in his 16 years as President of Penn State was Dr. Spanier told of any incident involving Jerry Sandusky that described child abuse, sexual misconduct, or criminality of any nature."
Email conversations documented by the report seem to suggest that Spanier was informed by Shultz about the 1998 investigation of Sandusky, which arose after a mother alleged that the coach sexually assaulted her 11-year-old son in a shower.
The notes reveal little about Spanier’s reaction to the investigation and no record to suggest that he or the others addressed Sandusky about the allegations.
The report documents how, after witnessing Sandusky in sexual activity with a child in the locker room showers on campus in 2001, graduate assistant Mike McQueary reported it to coach Joe Paterno, who passed that information on to Curley and Shultz, who brought it to Spanier.
There is no record of Spanier speaking directly to McQueary.
"(Spanier's) biggest defense is he didn’t hear it from McQueary," said Filler. "He heard it from Curley and Schultz."
The report did not make clear how McQueary's story was spelled out to Spanier, but it says that records show that Curley, Schultz and Spanier devised a plan to tell Sandusky they thought he had a problem, offer him professional help and advise him not to bring children into campus facilities.
In email cited by the report, Spanier agrees with this approach, which he calls "humane and reasonable."
"The only downside for us is if the message isn’t 'heard' and acted on, and we become vulnerable for not having reported it. But that can be assessed down the road," he said in the email.
No one reported the alleged rape of the boy to the police and there is no record suggesting that they attempted to identify the boy or find out if he had been harmed, the report said.
Spanier also did not report the incident to the Board of Trustees at the time, only doing so under pressure after he was called to testify before the grand jury in the Sandusky case, along with Curley and Schultz, the report said.
The report does not accuse Spanier of lying but it does provide fodder for a prosecutor to probe inconsistencies in Spanier’s statements, raising the risks of charges for the former university president, said Filler.
"If prosecutors decide he lied under oath and they can prove it, that's where his risk is," he said. "As with other cases -- like the Clinton case — it’s often not the bad conduct. It’s the lying under oath."
Another possible risk to Spanier, said Filler, is the possibility that Shultz and Curley strike a plea deal in exchange for damning testimony against Spanier.
The report says Spanier resisted independent investigation of Sandusky, "discouraged discussion and dissent" and had "a striking lack of empathy for child abuse victims."
"Spanier just does not go to the board with anything," said Filler. "That may not be criminal, but boy that is ugly for lots of reasons. He has a duty to bring risks to the university to the board, and he doesn’t."
Moreover, Filler said, the comprehensiveness and caliber of the Freeh report — led by former U.S. attorney, FBI director and federal judge — provides investigative legwork for any potential prosecutor.
"The report isn’t evidence," said Filler. "But it makes it easy for a prosecutor to see what there is. And it does change the politics of the decision to prosecute. And (prosecutors) are elected officials, they are sensitive to this."
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Leave a Comment:
Graham Spanier has a long history of working on the edge of the law to further his own career. Google "Spanier at Oregon State University" or visit barryrgreer.com.
The email says "The only downside for us is if the message isn’t 'heard' and acted on, and we become vulnerable for not having reported it. But that can be assessed down the road," and this guy says he didn't know? What a liar.
I read through the report and it certainly appeared that Spanier was far more involved in decisions regarding what actions to take than he is trying to claim. Spanier appears to be far more culpable than everyone's favorite target, Paterno, who does not appear to have done anything wrong from the actual evidence in the report. One thing I did find in the report is that a lot of statements and accusations are made in summary sections that simply are not supported by any evidence provided in the body of the report, particularly as related to Paterno. Unlike Paterno, Spanier was in a position to ban Sandusky from the Penn State campus and facilities but failed to do so. Whether this can be seen as criminal or not is debatable, but it certainly raises serious questions about his judgement. Also, some of the perks Spanier arranged for Sandusky as part of his retirement are highly questionable.
These kinds of coverups take place all the time in all types of schools.
The Penn State ordeal mad national news because but many others like the one below don't make the news.
Historically schools are all about their reputations and protecting those responsible for the misdeeds. It has nothing to do with protecting children.
he link below tells the same Penn State story but unlike Sandusky the perpetrator in Kansas got off because school district officials defended him in criminal court.
This is a strikingly similar case with a very different outcome than the Penn State Scandal. Penn State is no different than Public schools in Kansas. So Sad, is the state of our culture.
http://schoolvolunteerbackgroundcheck.blogspot.com
He should be made to pay with his freedom and economically. He knew about this and did nothing from his position of power. What a coward. Failing to protect the innocent is akin to partaking in the actual crime. This should serve as a wake up call for the rcc 'leadership'. At minimum ratzinger should step down and turn himself in as a co-conspirator.
If you hire a witgh hunter to hunt for witches, you should not be surprised when he finds witches - especially when he is being paid a few million dollars by people who want to be protected.
People can make all kinds of denials but what they can't get past is that no one sought to help the child that was molested. And if they weren't immediately concerned about the child and made no effort to get the child help, that says a whole lot about intent.
@ Pandora6 - So you consider an FBI investigation into multiple accusations of child sodomy to be a witch hunt? What would you call it when a child is molested and no one involved bothers to find out who the child was?
Pedo State needs to clean house of all the Trustees and high level administration that were there while Sandusky was raping little boys on their property. Then they need to tear down the statue of Paterno, and replace it with something to honor all the victims.
Joe Paterno is no hero. He's a coward who covered for Sandusky to protect his own butt rather than those of the children.
What did anyone expect from any college where the money from football brings in most of the schools revenues? It always comes down to the money. Worried about the schools reputation, the impact on the student body, etc. are all code for "how much money will we Iose if this gets out?" I wonder if, and why they have an ethics class? Even the military's highest academies have covered up terrible things for fear of loss of reputation. Check out how much college football, basketball coach's make, it's astounding. I believe the highest paid federal employee is the football coach at West Point! Morals have given way to greed in our highest learning institutions, as well as our government!
lynseypug: I have found such a statue. The sculpture in my avatar is called "Sanctuary of the Abused Child." It's very powerful, and would make a much better use of the bronze when Paterno's statue is eventually melted down.
These guys have discredited themselves to the point where there is no sense in listening to their explanations and claims of innocence. I hope they feel the wrath and disgust that they have brought down on themselves. Throw the book at these animals.
Dr. Spanier seems to be lying. Dr. Spanier seems to be a liar. Dr. Spanier's attorneys seem to be facilitating a liar and his lies. Seemingly, Dr. Spanier and his attorneys are liars faciltating, abetting, and condoning child abuse.
These kinds of coverups take place all the time in all types of schools.
The Penn State ordeal mad national news because but many others like the one below don't make the news.
Historically schools are all about their reputations and protecting those responsible for the misdeeds. It has nothing to do with protecting children.
he link below tells the same Penn State story but unlike Sandusky the perpetrator in Kansas got off because school district officials defended him in criminal court.
This is a strikingly similar case with a very different outcome than the Penn State Scandal. Penn State is no different than Public schools in Kansas. So Sad, is the state of our culture.
http://schoolvolunteerbackgroundcheck.blogspot.com
I agree with you 100% Bill. I worked as a teacher in two large US cities. In one city, teacher's who sexually abuse teenage students are routinely just relocated to another community school. In the other city, the offender ends up removed and his/her name is headline news the next day.
The Sandusky case is the tip of the iceberg.
Jane in TN - I believe you are 100% correct! This is only the tip of the iceberg both in classroom settings and in the world of sports from preschool right on up!
On another line of thought - I have long maintained that the US obsession with sports from birth to the grave was headed down a slippery slope. I wonder if this is slippery enough for all those more concerned about the team, the sponsors, and winning than about the children who are being pushed, horribly pushed to train for this sport or that sport! These children were entrusted to this guy why & for what - because he was a big time college coach (his only qualification) and so that they could learn more about the game! Parents are sacrificing their children on the alter of the next win or on the alter of the big career. They might as well be doing as the ancients did and tossing children down a volcano as a sacrifice!
Is this enough on top of all of the long term damage that we see wrought upon young bodies that have been pushed beyond their limits? Is it time to rethink our priorities in this country and start protecting children instead of living vicariously through them and pushing them to be the best this or best that so that mama and daddy can be oh so proud?! I think so, and some people better wake up and smell the coffee regarding who they allow to have charge over their children!
This is not the first time for Graham cracker. Not only did he create a political mess at Nebraska (Before Penn State) but he left under not-so-good circumstances. His Selection of Bill Byrne was not widely welcome. He alienated donors and alums. Now this crap at Penn State bears out my suspicions.
I wonder why people in authority never learn that a cover up exposed is far worse than the initial incident.
We have a saying in the law: "Don't ask a question you don't want to know the answer to." Seems to be Graham Spanier's motto in this fiasco. Willful blindness is a poor defense Mr. Spanier. You are despicable and you let this scumbag rape little kids and helped him get away with it. No one believes your lies.
PSU should definitely get the NCAA "death penalty" as well as a super huge hit in their wallet resulting from all law suits that I'm sure are to follow. But what is becoming even more troubling by the day is one after another, individuals coming to the support of Joe Pa and the PSU football program. Are you kidding me? Where is the focus, where is the integrity???
For example, Bobby Bowden chimed in today, saying PSU shouldn't get the death penalty (for the ridiculous reasons he stated). Real credible, right? This coming from a head coach at FSU who did everything he could to hide, shelter or cover-up indiscretions involving his super-stars just so they could play and so he could have a chance at another Nat'l Chunpionship. That's right, Chumpionship. Bobby, like all who are lining up with him, are chumps with absolutely no integrity. The college coaching community is pathetic. And this is especially true, not just for the Bobby Bowdens, but for those who are refusing to comment; you are all just as guilty and definitely lack the integrity to be taken seriously.
Then we heard from Joe Pa's son; he should just keep his yapper shut and go sit down somewhere and be quiet. Is there anyone in that family with good judgement? Because to say Joe made an error in judgement is an understatement of biblical proportions; his son is following suit by trying to defend the indefensible.
First things first: PSU should reach out immediately and voluntarily to the abused individuals and provide them with whatever help they need to regain their dignity and self-worth. Then right along with it, they should get rid of Joe Pa's statue and every reference to him and his name on campus (along with those involved), they should allow the current football players to transfer immediately, they should forfeit all football related titles and awards received during the time period in question, and at the same time start building back up the university's reason for existing - education.
That's probably where and how this train-wreck started and finished. PSU football, not education, became the campus king and Joe Pa was allowed to be the "Godfather". A literal 'Don' w/ unbridled and unchallenged authority. He got it because those at the top caved every time he barked; he was bringing in the big $$$ along with prestige and notoriety. That is why PSU should get the death penalty, because those who were supposed to be in charge weren't and they caved. Ultimately is was about $$$, power and prestige driven by greed.
And for all the real reasons that PSU, like all universities exists - academia and the student body, keep your collective chins (not noses) up and get a good education. As you've probably noticed, it's a bear out there right now in the job market and forecasts indicate more of the same for awhile to come.
Here is my problem. You think PSU should divest itself of the Paterno name and legacy? Then they need to return all the money donated by Paterno over the years. To the Paterno family trust. Only that way can PSU say they are not influenced by the man. They can't give it to the victims, they can't use it to start some kind of abuse awareness program, because that is *still* the university using the money Paterno donated.
I graduated from PSU in the late 80's. I got an excellent education along with financial aid from the college I was enrolled in. I have no regrets about attending, it's a good school. I wasn't a football fan. I didn't attend the games. Football was a highly respected program then. It brings money both to the university as well as the town (hotels, downtown shops, restaurants, etc). None of that is bad itself, but PSU is a university, not a sports team. The focus has to be on education. And with that there has to be responsibilities that extend beyond "what is nest for the team".
There are no simple answers for how to try to correct the past. If people have broken the law, then that should be worked out in the courts. People who have not been responsible as educators, coaches and community leaders should lose their positions.
I don't see anything good coming out of giving the football program the death penalty. Is it going to prevent anything like this in the future? Doubtful, I think the next time people would just work doubly hard to keep such a situation from ever seeing the light of day. There really are no simple solutions.
I don't know how much money the Paterno's gave to Penn State, but Penn State gave him a $3 million bonus on top of his retirement. They also forgave Joe $350,000 loans that Joe had, so it seems like they already paid him back for the money his family gave to PSU. I also don't understand how this contract can stand because he did not retire, he was fired. Also why didn't the board of Trustee have to vote on this?Penn State better figure out how much money it is going to take to settle with the victims so no more dirt comes out. If I were the victims, I would keep this in the headlines for 15 years so the stain of this sin does not get washed away anytime soon. There is no amount of money that can ever pay them back for the victims loss.
Unfortunately, in a case eerily similar in many ways to the Sandusky case, a charged pedophile is still on the lam as he escaped to his native France which typically does not extradite French citizens to face charges in other countries. This, even though French child abuse associations have petitioned the French Attorney General for Sylvain Kustyan to be extradited to face charges in Alabama for 1st Degree Sodomy. This 6'-7" alleged perpetrator has, apparently returned to his teaching job where he teaches 9 to 14 year olds at College Blaise Pascal in France. Here is a link to his Most Wanted Video: www.youtube.com/watch?v=cKVxkDEY6f4 For more information, google: Sylvain Kustyan
Ray Gricar (who served as district attorney of Centre County, Pennsylvania, from 1985 until 2005) investigated the sandusky penn state issue back in late 1990s and early 2000. On April 15, 2005, Gricar went missing under mysterious circumstances and has not been heard from since. I have a feeling he was murdered to keep him from going further. Look into Ray Gricar. www.youtube.com/watch?v=aGMacrVtqkc
This story just gets worse and worse for Penn State and the upper-level university officials who have been touched by this scandal.
How, in the name of all which is sane, rational and moral can one justify knowing of such activity and doing nothing to stop it?
Self interest. It's not my problem and I ain't getting involved because it might hurt the reputation of my golden parachute. The only way to discourage this from happening again is to up the consequences, and I mean go after what the Patternos and Spaniers really care about, their money. These guys make Bernie Maydoff look like a Saint. When you sacrifice children's lives to get where you're at, that sets a whole new bar on evil.
Spanier, is a coward-he was afraid to upset Paterno and would rather sacrifice children then risk his position. I hope he gets pros. to the full extent and pays with his freedom. Then we will see how he like showering with men bigger than himself.
This whole disgusting sequence of events, is so similar to the numerous coverups within the Catholic church to protect pedophile priests. Then again, college football is a type of religion. During the holy season, the faithful don their temple garments every Saturday to worship their team. So I guess it is no surprise that the high priests of Penn State would protect one of their own.
The right thing to do will be to shut down Penn State's football program, and to prosecute everyone who knew something - but didn't speak.
When a populace puts a sport over the well-being and very lives of children, something is very, very wrong.
Burn in hell, Paterno. Sandusky won't be far behind I'd wager. Spanier, Mcqueary etc. will follow suit in due time, at God's will.
Dale3242 - You are right on target. I live in the South, the hotbed of the sports cult, and their holy season disgusts me more and more yearly!
Common sense tells you that there absolutely had to have been awareness at every level of something wrong. Even the student body came out to support these thugs when the evil horrors poured out. We need a bonfire unlike any seen to date including Texas A&M with the fuel being the Penn State Campus and it's spawn. Only then can we rest at night knowing all the child molesters and there supporters have faced justice.
Everyone at Penn State knew Sandusky was a child molester? And everyone knew that Paterno and company were covering up for Sandusky? One of my favorite things about this whole scandal are the self righteous, holier than thou people who want to nuke Penn State as though this whole situation happened in isolation, when the problem is much larger, it is the power and money of big college football. Penn State is only the worst example of that and it would not surprise me at all if other big football programs have covered up for child molesters and god only knows what else.
There is no question, these men should face charges. The rape of a child is as egregious as murdering a child.
The head of the student body at the college Spanier formally ruled .......Warned the trusties of Penn State that Spanier had a stong pro homosexual agenda...........I suspect Spanier is far more involved in this Sandusky thing than anyone realizes.
Huh???? Since when is child molesting the same thing as "the homosexual agenda?" Sandusky was married (to a woman) with children, and it seems these types of so-called straight men are often the worst offenders. The "gay agenda" is the Constitution, plain and simple. Maybe you should try reading it sometime.
Exactly. Please do not confuse sex between consenting adults, gay or straight, to egregious acts of child rape. No comparison and an insult to boot.
The Freeh Report makes it VERY clear that Dr. Spanier has criminal culpability. What the public should realize is that Spanier's fall from the Presidency of PSU is comfortably cushioned by his salary/status as a tenured full professor of sociology at PSU; Spanier's wife also is a tenured full professor. Looks like they won't be able to argue they can't afford a defense attorney....Soon!
Until the evidence, real evidence, is presented, do not assume that it was Joe Paterno who suggested not reporting the incident. If that were so, one would expect the only email that mentions Paterno to say something like: I agree with Joe, that we should hold off reporting this. It does not say that Paterno made any recommendations. Curley may have asked Joe how it would affect the football program and Joe probably would tell him that it would have a huge negative impact. Thinking about that afterward, Curley made his decision. It's all conjecture and until we have a TRIAL in a COURT ROOM where EVIDENCE is presented, let's hold off on condemning people whose actions, words and participation are not known. I do not think the football program should be punished for what these men did or did not do. The players have nothing whatsoever to do with the mess and should not be punished for the wrong doing of others. There is a new coach with a new attitude and it's unlikely that anything like this could ever happen again. Punish those who protected Sandusky. McQueary did not go to the authorities so why is everyone condemning Joe for not doing so? McQueary witnessed the incident. Joe did what McQueary did. He informed his "bosses" in the chain of command. If Joe is guilty of wrongdoing, then McQueary is too. If McQueary is innocent of wrongdoing, then Joe is too. Whatever the outcome, don't punish the players and the new coach. And as for education, Penn State is a great university where kids, including football players, get an excellent education. Most of the players graduate with degrees in REAL majors such as engineering, journalism, medicine etc., not the easy majors that a lot of players in other institutions skate through on.
What an appologist, CatTrax. Come live in the real world.
Joe Paterno, along with all people at all levels of education are required to report suspected or known child abuse. McQueary should have contacted the State Police, since the State College police depend on the University to pay their salaries through taxes collected. Paterno should have reported it to the Police. McQueary is liable to at least some extent. That through his noninforming to the police of the incident.
My Significant Other taught for 30 years and even in 1966 when she started her career, she was counseled that her job was to teach and protect children. Had she not reported suspected or known child abuse, she would have been arrested and charged with the same conduct she didn't report.
but in at least one of the cases it actually went to the district attorney's office and they decided not to prosecute, correct? wouldn't that give you the feeling there was nothing to do? what was paterno supposed to do, blurt it out on the 50 yard line during a game? are you crazy?
Yankee17 - WELL SAID & AMEN!!!
Enough of this nonsense. Fire some MSNBC operatives if they can't do better than this. Cancel US News.
Better to say nothing and be thought a fool, John Smot, than to open your mouth and let it be know you are.
jackieboy:
You comment makes no sense. How would anyone know he was a fool, he he say's nothing?
Zimmerman will not get a fair trial in the State of Florida. In fact, I bet he gets murdered, or a lynch mob will get him. It will be a case of the U.S. Media sentencing him to death. Just shoot the guy and get it over with...
sorry cheesy - Me tinks yee posted in the wrong field. I'll look for you there so I can agree..........
Does the blame lie only with Penn State, or should it be shared by the NCAA?
At the time of his 'retirement' Sandusky was 53/54. As defensive coordinator, he was likely the most influential in PSU getting the moniker "Linebacker U". Why did no other school pick him up? Was it because his 'antics' were well known through out the college football programs?
Perhaps the NCAA in lieu considering the 'death penalty' for PSU should really consider the Death Penalty for the entire Big 10 conference or even all of College football.
The Freeh Report, assigning blame to a dead man is not much that different than the defense used at the recent child abuse trial in Philly. Excuse my flippancy, but maybe child abuse is the state sport in PA. Why did the current govenor allow this crap to continue? His "justification" was that he needed to build a 'bullet proof' case against Sandusky because of his celebrity. I think it was more that he wanted to assure his election rather than in-flame the citizens of PA. Why is his failure to act in a timely manner not mentioned in the Freeh Report?
Seems to me that the only one to accept blame was Joe Paterno when he said "I wish I had did more". Maybe, just maybe, Joe believed that he was working with men of integrity and that they would act upon what he reported to them? Why did Mcqueary not immediately call 911 or just simply beat the snot out of the old dude? Was he worried that reporting this to the appropriate authorities would jeopradize his chances for a career at PSU?
don't want to hear it.this guy made his bed.let him lay in it.