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If Sandusky sentenced, NCAA should investigate Penn State for lack of institutional control by AD, Paterno

by on Nov. 12, 2011, under Sports

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RELATED LINKS:
>> Arizona faced Penn State in 1999 after charges were not filed against Sandusky
>> Penn State coaches, administrators let us all down

The Penn State football program should be investigated, and potentially penalized, by the NCAA for a lack of institutional control under two scenarios:

First, if the judicial process determines that former defensive coordinator Jerry Sandusky is guilty of sexual child abuse, and second, if it is proven that former coach Joe Paterno and the school’s administrators still allowed Sandusky to be involved with the program after they knew of his transgressions.

Former Penn State coach Joe Paterno and university president Graham Spanier were fired by the school's board of trustees amid the growing furor over how the school handled sex abuse allegations against former assistant coach Jerry Sandusky (US Presswire photo/Mike DiNovo)

It would be an unprecedented ruling by the NCAA, but it would also be warranted.

NCAA president Mark Emmert issued a statement this week indicating that the governing body is withholding any action against Penn State until all the details of the scandal involving Sandusky are known. Emmert said the organization would then investigate whether NCAA rules were violated.

“The NCAA will defer in the immediate term to law enforcement officials since this situation involved alleged crimes,” Emmert said in statement Thursday. “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.”

Media reports indicate that Sandusky was allowed access to the university and the football facilities — including having an office and designated parking space — as recently as last week, before he was indicted on charges of sexually abusing eight boys over 15 years. His alleged illegal acts are detailed in a 23-page grand-jury report.

The grand-jury report includes information on page 7 that details the knowledge Paterno had of an alleged 2002 sexual-abuse incident involving Sandusky and a boy estimated to be 10 years old. Penn State receivers coach and recruiting coordinator Mike McQueary, a graduate assistant in 2002, allegedly witnessed the illegal act, according to the grand-jury report.

Paterno was informed of the incident by McQueary, according to the report. Paterno then called former Penn State athletic director Tim Curley and informed him that McQueary had seen Sandusky in the football facility’s shower “fondling or doing something of a sexual nature with the young boy.”

Curley and former Penn State Interim Senior Vice President for Finance and Business Gary Schultz were each charged last weekend with perjury and failure to report in connection to the case. According to the grand jury’s findings, both men were aware of the alleged 2002 incident involving Sandusky and did not notify police.

ESPN.com reported Thursday that a person familiar with Sandusky’s relationship with Penn State told The Associated Press that “the former coach long maintained an office in the East Area Locker building which is across the street from the Penn State football team’s building, and was on campus as recently as week ago working out.”

Based on the determination of the judicial process, the NCAA should investigate whether Sandusky was directly involved with the football program between 2002 and when he was indicted this week. It should investigate what kind of duties Sandusky performed in his office. ESPN.com reported that the university’s online directory listed Sandusky as an assistant professor emeritus of physical education in the Lasch building

The NCAA should interview players and coaches — past and present — about their knowledge of whether Sandusky had a presence within the program since 2002. It should check Sandusky’s phone records to see if he contacted prospective recruits. Did he perform any coaching? Did he help with recruiting? These questions must be answered.

The United States Department of Education is already investigating Penn State for potentially violating the Clery Act, which mandates colleges and universities to disclose all criminal offenses on campus that are reported each year.

The NCAA should investigate in great detail after the judicial process runs its course because it should send this message to its member institutions: Nobody is above the law when it comes to reporting misdeeds, whether those acts include improperly providing benefits to athletes (or prospective athletes) or withholding information from law authorities of a crime, especially on campus, within an athletic department’s facilities.

Moreover, if it is determined that Sandusky kept a presence within the football program after 2002, it should be seen as the Nittany Lions competing at a level different than what they would have without him around.

This entry was posted on Saturday, November 12th, 2011 at 12:41 am and is filed under Sports. Tags for this post: , , , , , . You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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  • T. H.

    The NCAA came down so hard on USC for the whole Reggie Bush issue.  They should apply the same iron fist to the illegal and immoral behavior at Penn State.  As the mother of a Div. 1 athletic this disgust me. 

  • cochisecitizen

    I think it is outrageous that Paterno was fired while recruiting coordinator Mike McQueary gets a paid leave for his own protection. McQueary is the guy who walked in on what he described as a 10 year boy being anally raped by Sandusky. And what did he do? He left and told Paterno about it the next day. Yes, Paterno should have done much more than just tell the Athletic Director.  But what McQueary did was far worse – not only did he not inform police or insist university officials did, he left they boy there at the mercy of Sandusky to do what he wanted. McQueary is no small guy, he should have done what ever was necessary to break it up and get that boy out of there and to the safety of his family. 

  • http://none Jim Bodkins

    SMU received the death penalty for paying players. This is potentially much worse. The death penalty needs to be on the table.
     
    This is not a situation in which people would naturally just forget to act. Paterno went to his superiors not because he was given vague information but because he had learned of something serious. This is a situation in which meetings would take place involving the AD down to the father of the witness. It is important to note that what was reported to Paterno – which he reported up the chain – which was reported to the father – was a crime. Subsequent to meetings that must have taken place regarding this alleged crime – nothing happened. How is that possible? It isnt possible that people just forgot. It must have been that nothing happened because that was the conclusion of the meetings. In otherwords – it is probably that a conspiracy to obstruct justice took place. The purpose of which was probably the protection of Penn State football. If it is true that meetings occured which resulted in silence, then everyone involved in those meetings needs to be in police custody and the Penn State football program needs to receive the death penalty like – but more severe – than SMU.
     
    Everyone was silent. The GA received advancement. His dad has been silent. The perpetrator continued to have access – and I am willing to bet that major players in the billionare booster category were involved/aware as well. (The reason is, a powerful man like Paterno could not be stopped by an adminstrator. If it were in Paterno’s nature to report this – eventually – to the police he could only have been stopped by someone as powerful as a billionare booster. Or it isnt in his nature to put the interests of children over football)
     
    It has been reported – no idea regarding the reliability of the reports – that Sandusky may have provided children to others. Which may if true implicate others in the Penn State athletic system.
     
    Here is a key. It is my impression that Sandusky is not in police custody. He is reported as having said he wishes he were dead. If he commits suicide then all the facts will never be known. He needs to be in protective custody to preserve his testimony.
     

  • http://none Jim Bodkins

    I am disgusted. The ABC(ESPN) broadcasters just characterized Penn State as a victim and described todays game as – essentially – their overcoming adversity.
     
     
    That program needs putting down.

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