Penn State

For the Attorney General, All Aboard For The Penn State Ethics Train Wreck!

/ Jack Marshall / 2 Comments

That the Penn State child molestation scandal has metastasized into a full-fledged ethics train wreck can now hardly be denied. The proof is that, as pointed out by Solomon L. Wisenberg on the White Collar Crime blog, Pennsylvania Attorney General Linda Kelly trounced all over fairness to the accused in her statement to the press, violating the ethics rules governing prosecutors in the process.

Rule 3.8 of the Pennsylvania Rules of Professional Conduct states that the prosecutor in a criminal case..

“…shall, except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.”

Rule 3.6(a) forbids a “lawyer who is participating or has participated in the investigation or litigation of a matter” from making… Continue reading →

Comment of the Day: “Mike McQueary and Me”

/ Jack Marshall / 14 Comments

Some recent Ethics Alarms commenters

Joseph Edward bought me some time with this superb Comment of the Day, because I am writing a post on the same topic. Mike McQueary’s conduct in the locker room, when he allegedly witnesses Jerry Sandusky raping a boy,  has generated some of the most self-righteous and, I may say, annoying comments I’ve encountered on Ethics Alarms, characterizing my commentary (in “Mike McQueary and Me”) on why McQueary might have acted as he did with excusing his conduct. Most of these, I’m relatively certain, are motivated by those who want to shift responsibility for the Penn State debacle away from Joe Paterno.

One particularly persistent and vociferous commenter has decreed that it was an “absolute moral obligation” for McQueary to physically intervene to stop the assault he witnessed. Joseph touches on that dubious contention; I’ll have more to say about it soon. Meanwhile, here is his Comment of the Day, on “Mike McQueary and Me”: Continue reading →

Ethics Mystery: How Can Penn State Let McQueary Coach the Team For Saturday’s Game?

/ Jack Marshall / 15 Comments

WHAT???

It is almost too weird to contemplate. Penn State has fired both its president and football coach Joe Paterno over their failure to take necessary measures to protect young boys who they knew were targets of what appears, and appeared to be, a serial child molester, Jerry Sandusky. Paterno was fired yesterday specifically to eliminate the pall that would be cast over all Penn State activities, including this Saturday’s game, if he were to continue as coach, and to make sure that the university didn’t project a “business as usual” attitude by allowing its community to blithely cheer Paterno’s team as if a child molesting scandal could be brushed aside for a weekend of fun and games.

And yet Penn State plans to have Mike McQueary coach the team on Saturday, rendering all of this incoherent. McQueary was the one who witnessed the act of sexual assault that triggered the whole scandal. He reported it to Paterno, but 1) didn”t stop it when he had the chance, and 2) did nothing to make certain that Sandusky’s criminal conduct was being properly handled afterwards. His presence as coach on Saturday all but eliminates whatever message Penn State intended to send by firing Paterno. The bottom line will be that the team will still be coached by an individual who didn’t do everything he could  and should have done to protect young boys from a predator. Continue reading →

Comment of the Day: “Ethics Dunces: Penn State Students”

/ Jack Marshall / 1 Comment

“Different Angle,” a college student and victim of child abuse, has, appropriately enough, a different angle on the Paterno/Penn State/ Sandusky scandal, and it provides useful and provocative perspective. I’ll let him have his say, as it is extraordinarily well argued, and save my comments for the end. I think he is compassionate, generous, thorough, thoughtful, and wrong. But first, here is his Comment of the Day on  “Ethics Dunces: Penn State Students.”

“As a current college student, prior victim of child molestation, and generally reasonable person, I feel inclined to give my two cents. Having read the grand jury report personally, I am shaken. Unless you are familiar with the shame and humiliation of a situation like this–even if you are familiar–the sheer quantity of these attacks… beyond words. Had any Penn State staff understood the thoughts running through this man’s mind, this comment would’ve started “As a current toddler…” Anyone who knows that the sexual abuse of children is occurring and acts so callously as to downplay it and sweep it under the rug has no place in modern society. That’s as nicely as I can put that.

“With as much emotion and sympathy as I harbor for the young men who’ve endured through this, it pains me to read the bickering and finger-pointing I’ve encountered in comment threads like this. And while it is normally in my nature to grab my trident for a healthy round of devil’s advocate with the popular and most often intelligent opinion, I cannot help but side with Joe Paterno in this matter. I’m about as far removed from sports as a sociable college male can get; I will not rally for a few chants of WE ARE… at the end of this post. If you’re going to scrutinize the choices he made in reference to the 2002 incident, be thorough enough to consider this: He wasn’t thinking about slandering Sandusky, he wasn’t concerned about his career or standing in the community. The decision of if/when/to whom this should be reported wasn’t calculated with pro’s and con’s. Continue reading →

Mike McQueary and Me

/ Jack Marshall / 93 Comments

 

Do you know what you would do, in Mike McQueary's place? Are you sure?

I have defended Mike McQueary, the graduate student assistant coach who, according to the Pennsylvania Attorney General’s report, witnessed Jerry Sandusky raping a young boy in the Penn State showers in 2002 and told Joe Paterno, to this extent: he took the crucial step of reporting the incident to the coach, his boss as a graduate student assistant coach, and that took courage. Because of Paterno’s reputation as a moral and ethical exemplar, the young man had no reason to believe that Paterno would not do all the right things, from confronting Sandusky to finding the boy to alerting the police. (As we now know, Paterno did none of these.)

Even so, he had to believe he was in a career jeopardizing situation. Sandusky was a Penn State football legend, though retired, and presumably had Paterno’s loyalty. Would being the messenger that created liability and public relations problems for his boss’s beloved football program make McQueary a pariah even if it resulted in Sandusky’s arrest? That scenario is not uncommon, unfortunately.

That is why, when a commenter wrote that McQueary was more culpable for Penn State’s inaction than Paterno, I disagreed strenuously, and I still do. Paterno had power, given his iconic status, perhaps the ultimate power. If he had insisted that Sandusky be confronted, removed, and reported to police, it would have happened, and would have happened completely within his natural sphere of influence. For McQueary, however, to track the university’s response and independently take action to stop Sandusky would require exemplary valor. I wish he had done it. But he had placed his faith in Joe Paterno, and at Penn State, that should be a sure bet.

I think it is easy for any of us to conclude that in Joe Paterno’s place, we would not have allowed Sandusky to continue preying on young boys. What would we do in Mike McQueary’s position, however…putting aside the action of physically intervening in the rape itself? There is a reason why the first thing he did was to go home and call his dad for advice. He never, never considered what he would do in such a situation, because never, in his wildest dreams, did he imaging such a crisis occurring.

Never underestimate the difficulty of making the right ethical decision in an unexpected crisis.

I also sympathize with McQueary, because I had my own Mike McQueary moment years ago. Continue reading →

Ethics Dunces: Penn State Students

/ Jack Marshall / 23 Comments

"Give me a C! Give me an H! Give me an I! Give me an L! Give me a D! Give me an M! ...."

The good news: the “Occupy” demonstrations are no longer the most irresponsible and offensive in the country. The bad:#1 is a rally in support of child molesting.

All right, that’s unfair; I apologize, Penn State students. What today’s raucous, banner-waiving, cheering throng of hundreds outside embattled football coach Joe Paterno’s house really was supporting was Paterno himself…now squarely identified as a man who allowed a probable child abuser to continue preying on young boys for years, because, we can only assume, he was more focused on winning football games than being a human being. That’s better. Not much better, though, because cheering Paterno now, at this moment, communicates approval of his choices, priorities and values, which said, in essence, “Let the rapes continue. Go Penn State!” Continue reading →

Unethical Quote of the Week: Penn State Football Coach Joe Paterno

/ Jack Marshall / 16 Comments

Did you know that Jerry Sandusky's autobiography was titled, "Touched," Joe?

“The fact that someone we thought we knew might have harmed young people to this extent is deeply troubling. If this is true we were all fooled, along with scores of professionals trained in such things, and we grieve for the victims and their families. They are in our prayers…It was obvious that the witness was distraught over what he saw, but he at no time related to me the very specific actions contained in the grand jury report. Regardless, it was clear that the witness saw something inappropriate involving Mr. Sandusky. As coach Sandusky was retired from our coaching staff at that time, I referred the matter to university administrators…If true, the nature and amount of charges made are very shocking to me and all Penn Staters. While I did what I was supposed to with the one charge brought to my attention, like anyone else involved I can’t help but be deeply saddened these matters are alleged to have occurred.”

—–Penn State Football Coach Joe Paterno, commenting on the indictment on 40 charges of child sexual abuse brought against his long-time former defensive coordinator, Jerry Sandusky. It was Paterno who first brought allegations of Sandusky’s sexual molestation of young boys to the University’s attention, and two Penn State administrators have also been charged with covering up Sandusky’s alleged misconduct.

Paterno’s statement is ethically troubling on many levels, self-serving and disingenuous. Continue reading →

Comment of the Day: “Penn State, the Child Molester and the Dark Side of Loyalty”

/ Jack Marshall / 10 Comments

Newcomer Steven Ardler muses over a provocative question about the virtue loyalty in his Comment of the Day on“Penn State, the Child Molester and the Dark Side of Loyalty”:

“Out of curiosity: would you say that a better definition of Loyalty is needed? It seems to me that the dilemma can be partially resolved by claiming all Loyalty need be to “the good” rather than to a person/institution/nation (I put the term in quotations because I am conflicted as to its actual meaning).

“We choose people and institutions that we believe maximize the good and adhere to their policies and behaviors accordingly. When those people or institutions step away from the good, our “Loyalty” to them is revoked. In this case, nearly by definition, Loyalty will always be a virtue. Of course, a very simple counter to this idea will be the varying interpretations of “good.” Muslim suicide-bombers are, in their ethical consideration, maximizing good in the universe by doing Allah’s will (according to their interpretation of that will). A bishop in the Catholic church may *feel* as if he is maximizing good by not condemning his pederast brethren, as he serves what he thinks is the ultimate good – a god. A coach at Penn State may think that he is loyal to the good, by determining that the university accomplishes enough good to be worth preserving from scandal. All of these are very apparently flawed, but this type of reasoning would abound with a new definition of loyalty, nonetheless. I feel like a re-tuned definition of Loyalty *helps*, but certainly does not resolve the problem. Is there a way to define loyalty in which it is actually a virtue, and not just a description of a series of actions?”

Penn State, the Child Molester and the Dark Side of Loyalty

/ Jack Marshall / 47 Comments

"Loyalty" by Joe Drache

The ethical issues in the unfolding Penn State scandal are not complex. Unless the grand jury got things completely confused, high officials of the school as well as legendary football coach Joe Paterno had credible information indicating that former Paterno assistant coach Jerry Sandusky sexually molested young boys on the Penn State campus, and did nothing about it. Now, after a three-year investigation, Sandusky has been charged with forty counts of child abuse by Pennsylvania authorities, and Penn State’s athletic director and a university vice-president have been charged with perjury and failing to report the crime. [UPDATE 11/7/20011: the University officials both resigned late yesterday.]

Paterno is apparently not going to be charged, because he alerted university administrators, technically complying with Pennsylvania law. Ethically, it doesn’t matter. Paterno, like University athletic director Tim Curley, Gary Schultz, Penn State’s senior vice president for finance and business, and apparently Penn State president Graham Spanier as well, did nothing for nine years after being alerted to Sandusky’s apparent proclivities, knowing that a probable child sexual predator was not only on the loose, but operated a foundation for at-risk kids that kept him supplied with ready victims. Continue reading →