johnnycakes
Footballguy
Please post paragraph ( c) for us... I believe that one says that the GA could pass the buck upwards by reporting to Paterno, and Paterno could pass the buck upwards by reporting to the AD.
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Jerry Sandusky accused of child molestation (1 Viewer)
- Thread starter PoliSciGuy
- Start date
Negligence: (1) duty, (2) breach, (3) causation, (4) damages. Seems it would fail at the "breach" stage. Both McQueary and Paterno performed their legal duty when they reported the incident. Unless the plaintiffs could show Paterno and McQueary were aware of other incidents they were legally obligated to report they aren't going to get very far.
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jackdubl
Footballguy
I stand corrected. Good stuff.
Idiot Boxer
Footballguy
That's what (b) says, as apparently neither McQueary or Paterno were the person in charge of the institution or the designated agent of the person in charge.© merely describes the manner in which such reporting must be done
© Reporting procedure. Reports of suspected child abuse shall be made by telephone and by written report.
(1) Oral reports. Oral reports of suspected child abuse shall be made immediately by telephone to ChildLine, (800) 932-0313.
(2) Written reports. Written reports shall be made within 48 hours after the oral report is made by telephone. Written reports shall be made on forms available from a county children and youth social service agency.
(d) Written reports. Written reports shall be made in the manner and on forms prescribed by the Department of Public Welfare. The following information shall be included in the written reports, if available:
(1) The names and addresses of the child and the parents or other person responsible for the care of the child, if known.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse including any evidence of prior abuse to the child or siblings of the child.
(5) The name and relationship of the persons responsible for causing the suspected abuse, if known, and any evidence of prior abuse by those persons.
(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person can be reached.
(9) The actions taken by the reporting source, including the taking of photographs and X-rays, removal or keeping of the child or notifying the medical examiner or coroner.
(10) Other information which the Department of Public Welfare may require by regulation.
Zow
Footballguy
Right. And I would assume a civil suit would target the University since they'd have the money. If I were them I'd try to use Paterno and McQueary in a positive sense where they had legitimate info, followed policy, and the University breached by not following up on their reports.
LAUNCH
Footballguy
Possibly Pimping the kids out?
"I can give you a rumor and I can give you something I think might happen," Madden told John Dennis and Gerry Callahan. "I hear there's a rumor that there will be a more shocking development from the Second Mile Foundation -- and hold on to your stomachs, boys, this is gross, I will use the only language I can -- that Jerry Sandusky and Second Mile were pimping out young boys to rich donors. That was being investigated by two prominent columnists even as I speak."
If this is true this is going to be even more massive than it already is.
"I can give you a rumor and I can give you something I think might happen," Madden told John Dennis and Gerry Callahan. "I hear there's a rumor that there will be a more shocking development from the Second Mile Foundation -- and hold on to your stomachs, boys, this is gross, I will use the only language I can -- that Jerry Sandusky and Second Mile were pimping out young boys to rich donors. That was being investigated by two prominent columnists even as I speak."
If this is true this is going to be even more massive than it already is.
Moonlight
Footballguy
Now if Joe Paterno had said yes I reported it to the AD and when I asked what came of it, the AD lied to me and said that the police or child protective services were investigating or had investigated it that puts him in a different light.
The fact that Paterno hasn't said anything like this suggests he chose to not follow-up or knew it wasn't going to be reported. I'm pretty sure that Paterno would have been aware if McQueary had been contacted and questioned by authorities.
I'm thinking its going to be very interesting if this goes to court and questioning occurs regarding what transpired between Paterno and those fired.
The fact that Paterno hasn't said anything like this suggests he chose to not follow-up or knew it wasn't going to be reported. I'm pretty sure that Paterno would have been aware if McQueary had been contacted and questioned by authorities.
I'm thinking its going to be very interesting if this goes to court and questioning occurs regarding what transpired between Paterno and those fired.
Limp Ditka
Footballguy
touched
And I was responding to the claim Paterno and McQueary would be named in lawsuits.
Idiot Boxer
Footballguy
Just because they may not be able to prove negligence absolutely does not mean they won't be named.
Was just a matter of time. I don't want to know what the smiley icon for it will be.
Brock Middlebrook
Footballguy
But when your superiors are clearly not addreessing the issue and even providibng Sanduxky additional accesss, Shouldn't he escalate?
Thanks. 13 years of practicing law and I never knew that.
Idiot Boxer
Footballguy
Legally? There is no indication his duty went further.Ethically? Morally? Probably.
Leeroy Jenkins
Footballguy
What are Curley and Spanier's backgrounds? When did they come to psu?
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NCCommish
Footballguy
But not the full picture really. In fact school administrators are required by PA law to report child abuse directly to police, reporting up isn't an excuse. So since it happened in the football facilities where Paterno was the undisputed boss I think you could make the case he was an administrator and he had a duty to report to the authorities.
hey GB, this has been posted maybe a dozen times over the last few pages. just letting you know.
Idiot Boxer
Footballguy
I get your sarcasm, and yet your reply implied that very thing.
I've been in this thread from the beginning and one person who doesn't seem to be catching any heat is McQueary's dad.
"Dad? I just walked in on Mr. Sandusky raping a little boy in the shower but don't really know what to do."
"Where are you now? Did they see you?"
"Hiding under my desk. I think so. I'm pretty scared."
"Get out of the building right away!"
"Ok. What about the little boy?"
"He'll be fine. Just tell JoePa about it in the morning and he'll take care of everything"
wtf?
"Dad? I just walked in on Mr. Sandusky raping a little boy in the shower but don't really know what to do."
"Where are you now? Did they see you?"
"Hiding under my desk. I think so. I'm pretty scared."
"Get out of the building right away!"
"Ok. What about the little boy?"
"He'll be fine. Just tell JoePa about it in the morning and he'll take care of everything"
wtf?
Idiot Boxer
Footballguy
He deserves plenty of heat. But he's not a Penn State employee and there's little to be 'done' with regard to him. Still can't believe young Mike has a job.
Actually, it didn't:
I never said they couldn't be named. I said they probably wouldn't get very far.
johnnycakes
Footballguy
Yeah, it was THIS paragraph ( c) I was thinking about... says the same thing as your paragraph (b). ETA: Except for this sentence at the end: "This chapter does not require more than one report from any such institution, school, facility or agency."
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PlasmaDogPlasma
Footballguy
Not nearly enough.
Kenny Powers
Footballguy
Dont think so. Im pretty sure Sara Ganim from the Harrisburg Patriot News really did the dirt digging and was the first one to report this is March or April and then Madden wrote his article that was posted in here a few days later.
Bonzai
Footballguy
Of course he should have. The above is just a lawyer circle jerk.
The Future Champs
Footballguy
I think by the time this story is done playing out we'll have several other State College residents in the same position as Mr. McQueary. The janitorial staff that's been mentioned previously, for starters.
David Yudkin
Footballguy
All this is going to take too long to play out. Where's Dexter when you need him?
The Future Champs
Footballguy
The damage to their public image is far worse than any amount of money they'll pay in lawsuits.
Leeroy Jenkins
Footballguy
I really think Curly and Spanier are going to turn out looking the worst other than Sandusky.
netnalp
Footballguy
The legal fees alone are going to be in the 10s of millions of dollars. My understanding is prisoners don't react well to child molesters. Sandusky is a dead man if he goes to a maximum security prison. I suspect he either kills himself before trial or if he has dirt on the college as some suspect, he tries to get a deal to serve his time in a white collar prison.
netnalp
Footballguy
Schultz and Harmon are looking pretty solid for doing cover ups as well.
renesauz
IBL Representative
These actions were commited by a predator who happened to be a coach. The 1998 incident (as far as I know) was not known by anyone else in the coaching staff, and the 2002 incident was AFTER he had already left the program. These are deep moral issues that had ZERO to do with the players, or the football team as a whole. They're about the specific individuals, NOT FOOTBALL!
TobiasFunke
Footballguy
Why would you say that? Especially without knowing how much it's gonna cost?The victims deserve compensation. Money can't replace what they've lost, but certainly they deserve a significant recovery.But PSU's not a person, or a corporation. That money would otherwise be used on the education of perfectly innocent students or from Pennsylvania taxpayers. At some point you're doing more harm than good if you milk it dry.
I just heard Sandusky wrote a book. You'll never guess what it is titled.
Mario Kart
Footballguy
I don't think Sandusky has any dirt on PSU. He can't have anything that PSU would be scared of.
However, I think it is safe to say that Sandusky has dirt on one or all of the following:
1) Who shot JFK?
2) Where is Jimmy Hoffa?
3) The Third Secret of Fatima?
4) The Philadelphia Experiment?
Watch out folks, the 21st Century is just beginning. We have just over a year before we all go bye-bye so hopefully Sandusky does not reveal anything about the above. Pretty scary if he does.
However, I think it is safe to say that Sandusky has dirt on one or all of the following:
1) Who shot JFK?
2) Where is Jimmy Hoffa?
3) The Third Secret of Fatima?
4) The Philadelphia Experiment?
Watch out folks, the 21st Century is just beginning. We have just over a year before we all go bye-bye so hopefully Sandusky does not reveal anything about the above. Pretty scary if he does.
krista4
Footballguy
:(Aaaaand no sig for youBy saying it was "a standard law, man", you equated an irrelevant CO law to PA law. Then you were corrected and shown up by Woz. Woz. Oof.Well, just thought I'd point out to some people that telling your boss does not equal reporting a crime by legal standards. Sorry if it was above you guys. Wasn't commenting on Pennsylvania laws, just correcting someone who said McQueary reported the incident.thought about responding but think I'll just sit back and enjoy this one.
but he used his position of power within the football program and access to the facilities, games, etc. to recruit and prey on his victims. not only that, but people within the football program appear to have protected him and looked the other way despite witnessed incidents and likely plenty of other suspicious activity over that length of time. not sure how you can separate Sandusky's actions and the subsequent cover up from the football program.
Reepicheep
Footballguy
You completely ignored his very valid and well-articulated point.
jackdubl
Footballguy
Actually, I'm pretty sure he was still the coach in 2002. He retired AFTER the 2002 incident. That is, retired into a cushy university position which he held till last week, and which allowed him continued use of the facilities.
nope. retired in 1999 after they told him he'd never become the head coach.
Leeroy Jenkins
Footballguy
He retired in 1999.
Joe Summer
Footballguy
At least Harmon can say "I had to close the case because the DA refused to bring charges."(But who knows if the DA would have brought charges if Harmon had been more diligent...)
jackdubl
Footballguy
Yup, I was mixed up.
Ignoratio Elenchi
Footballguy
Oh come on. There's no way no one else on the coaching staff knew about the 1998 incident. It happened in the football facility. There was an investigation. Paterno then told Sanhucksy that he would never be head coach, and Sanhucksy unexpectedly retires.The 2002 incident also occured in the football facility, where Sanhucksy still had full access despite having "left the program." He was seen by a GA (who later became a coach) who reported it to Paterno, and both of whom seem complicit in the subsequent coverup. I agree that the current Penn State football players had nothing to do with this and it's a shame for them that this is all happening, but to say this scandal has nothing to do with the football program is hogwash. It has everything to do with the football program.
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Idiot Boxer
Footballguy
I hope you're suggesting this for Sandusky, not Paterno.
Frostillicus
Footballguy
CAPSLOCK IS HOW I FEEL INSIDE, RICK!
CrossEyed
Footballguy
"A Few Good Men"?
Idiot Boxer
Footballguy
He retired from Colorado in 2002.
BroncoFreak_2K3
sucker for Orange
Jeebus, you need to read up a lot more on this case before posting anymore.
