NCAA Poised to Hammer Penn State

by John M. Curtis
(310) 204-8700

Copyright July 22, 2012
All Rights Reserved.                                         

              Tearing down the venerable sculpture of Penn State’s now deceased football coach Joe Paterno, the university tried to turn over a new leaf after former defensive coordinator 68-year-old Gerald Arthur “Jerry” Sandusky was convicted June 22 of 45 counts of child sexual abuse.  While Sandusky will spend the rest of his life in prison, the Penn State Program faces the National Collegiate Athletic Assn.’s “death penalty” for covering up one of the most egregious scandals in NCAA history.  NCAA officials must mete out an appropriate penalty that recognizes that late coach Paterno and University Officials all participated in a criminal cover-up of Sandusky’s perversion.  When former Federal Court Judge and FBI Director Louis B. Freeh published July 12 his investigation into the Sandusky scandal, it clearly showed Paterno and top University officials participated in the cover-up.

            Taking down Paterno’s sculpture is only the first step of making amends to Sandusky’s many victims over a 15 year period who testified during Sandusky’s sex abuse trial starting June 11 and ending June 22 with convictions on 45-counts.  “I now believe that, contrary to its original intention, Coach Paterno’s statue has become “a source of division and an obstacle to healing in our university and beyond,” read Penn State President Rodney Erickson’s statement.  While Sandusky retired in 1999, he was allowed to use the football athletic center and continue the abuse.  Between 1994 and 2009, Sandusky engaged in at least 20 sex abuse incidents.  Asst. Penn State coach Mike McQueary testified that he observed Sandusky sodomizing a minor in the athletic department’s showers.  McQueary testified he brought it to Paterno’s attention, who did nothing to keep Sandusky off campus.

            Removing Paterno’s statue has been met with protests from alumni and supporters considering “JoePa” a national icon.  Paterno, who coached Penn State for 46 years, won two national titles [1982, 1988] and three Big 10 championships [1995, 2005, 2008], while Sandusky performed his perversions.  Former FBI Director Freeh concluded July 12 in his report that Paterno, former Penn State President Graham Spanier and former Board of Trustees Chairman Steve Garban conspired to cover-up Sandusky’s sex crimes to spare the university adverse publicity.  Spanier was forced out Nov. 9, 2011 while Garban got the ax July 20.  “For that reason, I have decided that it is in the best interest of our university and public safety to remove the statue and store it in a secure location,” said Penn State’s current President Rodney Erickson, deciding to remove Angelo Di Maria’s 2001 Paterno sculpture.

            Erickson faces more demands to erase Paterno’s name from Penn State.  He hasn’t yet decided to remove his name from the school’s Paterno Library.  “Tearing down the statue of Joe Paterno does not serve the victims of Jerry Sandusky’s horrible crimes or help heal the Penn State community,” read a statement from the Paterno family.  What the family doesn’t get—and what the Catholic Church found out—is that all parties involved in covering up sex abuse are equally culpable.  Whatever Paterno’s personal loyalty to Sandusky, it had to end the day Sandusky committed a felony.  Freeh’s report clearly showed that “JoePa” knew the allegations against his old friend and chose to cover it up to protect his football program  “Coach Paterno’s positive impact over the years and everything he did for this University predate his statue,” said Erickson, expressing regret to Paterno’s loyalists

              When NCAA President Mark Emmert announces Penn State’s sanctions Monday, July 23, it could be “unprecedented” in terms of severity.  Unlike past sanctions applied to programs for mainly recruiting violations, Emmert walks a fine line applying more punishments for criminal charges already applied to Penn State employees for failing to report sex abuse to appropriate authorities.  Reports suggest that Emmert has permission from the NCAA board to apply whatever sanctions he thinks fit Penn State’s infractions.  Some believe that Emmert will apply unique sanctions but not the so-called “death penalty” that prevents the football program from competing in D-1 athletics.  Emmert will no doubt cite Freeh’s report to justify any draconic activities, including banning Penn State from scholarships and future bowl games.  Penn State’s violations occurred from the top down.

            Anticipating “unprecedented” penalties July 23, Penn State officials are expected to take their lumps without challenging the NCAA.  Emmert’s critique will likely center on the programs “lack of institutional controls,” allowing criminal behavior to go unchecked for years.  Penn State faces numerous private lawsuits and violations of the Federal Clery Act that requires programs to report crimes within “minimal time.”  Arguing that Paterno did nothing more than protect an old friend ignores statewide and national child abuse reporting requirements.  Because Freeh’s report shows the cover-up included Paterno, key football program officials, top University administrators and key board officials, Emmert’s penalties seem well justified.  Emmert wants to echo Freeh’s concerns that both University and football program officials all conspired to cover-up Sandusky’s egregious criminal behavior.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

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