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Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A
Report of the Special Investigative Counsel Regarding the Actions of The Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky Freeh Sporkin & Sullivan, LLP July 12, 2012 TABLE OF CONTENTS Scope of Review and Methodology ..........................................................................................8 Independence of the Investigation .........................................................................................11 Executive Summary ...................................................................................................................13 Findings Recommendations for University Governance, Administration, and the Protection of Children in University Facilities and Programs Timeline of Significant Events ................................................................................................19 Chapter 1: The Pennsylvania State University – Governance and Administration ...........................................................................................................................31 I. Key Leadership Positions A. President B. Executive Vice President and Provost (“EVP‐ Provost”) C. Senior Vice President ‐ Finance and Business (“SVP‐ FB”) D. General Counsel II. Principal Administrative Areas A. University Police and Public Safety (“University Police Department”) B. Office of Human Resources (“OHR”) C. Department of Intercollegiate Athletics (“Athletic Department”) D. Outreach III. Administrative Controls A. Policies and Procedures B. Oversight and -
Dear Professor
Proceedings A monthly newsletter from McGraw-Hill January 2012 Volume 3, Issue 6 Contents Hot Topics 2 Dear Professor, Video Suggestions 11 Happy Holidays, everyone! Welcome to McGraw-Hill‟s January 2012 issue Ethical Dilemma 15 of Proceedings, a newsletter designed specifically with you, the Business Law Teaching Tips 18 educator, in mind. Volume 3, Issue 6 of Proceedings incorporates “hot topics” in business law, video suggestions, an ethical dilemma, teaching tips, Chapter Key 19 and a “chapter key” cross-referencing the January 2012 newsletter topics with the various McGraw-Hill business law textbooks. You will find a wide range of topics/issues in this publication, including: 1. An intellectual property dispute between Tootsie Roll Industries and a small business start-up; 2. Judicial rejection of a proposed settlement between the Securities and Exchange Commission (SEC) and Citigroup in a securities-related lawsuit; 3. An intellectual property dispute between Chick-fil-A and a small business start-up; 4. Videos related to a) an insurance fraud lawsuit involving an automobile worth $1 million; and b) the conviction of Dr. Conrad Murray for the death of pop star Michael Jackson; 5. An “ethical dilemma” related to the child molestation scandal surrounding former college football coach Jerry Sandusky, the “Second Mile” charity he founded, and Pennsylvania State University; and 6. “Teaching tips” related to Article 1 (“Tootsie Roll to Footzyrolls: See Ya in Court!”); Article 3 (“Chick-Fil-A Says Artist Bo Muller-Moore‟s „Eat More Kale‟ Slogan Too Similar to „Eat Mor Chikin‟”); and Video 2 (“Lawyer: Murray „Resigned,‟ but Fighting Sentence”). -
Freeh Report.Pptx
10/7/12 Governance, Leadership and Ethics in Response to the Freeh Report Monday, October 8, 2012 What Happened • The Timeline – 1969 – Sandusky joins the Penn State Football coachinG staff – May 1998 – InvesKGaon by University and local police and Pennsylvania Department of Public Welfare into alleGaons Sandusky showered with 11 year old boy (VicKm 6) – 1999 – Sandusky reKres, but retains access to Penn State athleKc faciliKes – Fall 2000 – Janitor observes Sandusky sexually abusinG boy in shower, does not report to police or university officials What Happened • The Timeline (cont.) – February 9, 2001 – McQueary observes Sandusky sexually assaulKnG younG boy in Penn State shower – February 10, 2001 – McQueary reports incident to Paterno – February 11, 2001 – Paterno meets with Curley and Schultz, reports that McQueary saw Sandusky “doinG somethinG of a sexual nature to a younG boy” in the shower – February 12, 2001 – Spanier, Schultz and Curley meet • EveninG prior to meeKnG, Schultz asks outside counsel about “reporKnG of suspected child abuse” 1 10/7/12 What Happened • The Timeline (cont.) – Approximately February 20, 2001 - Curley and Schultz meet with McQueary – February 25, 2001 – Spanier, Schultz and Curley meet, agree that Curley will: • Talk with Sandusky about “appropriate use of University facility” • Contact chair of Second Mile • Contact Pennsylvania Dept. of Public Welfare – February 27, 2001 – aber speakinG with Paterno, Curley recommends tellinG Sandusky that “his Guests are not permiced to use our faciliKes” and reporKnG the incident only to Second Mile What Happened • The Timeline (cont.) – February 27, 2001 – Spanier approves Curley’s plan, acknowledGinG in an e-mail the risk in not reporKnG Sandusky to DPW: “The only downside for us is if the message isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it. -
First Quarterly Report of the Independent Athletics
FIRST QUARTERLY REPORT OF THE INDEPENDENT ATHLETICS INTEGRITY MONITOR PURSUANT TO THE ATHLETICS INTEGRITY AGREEMENT AMONG THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, THE BIG TEN CONFERENCE AND THE PENNSYLVANIA STATE UNIVERSITY George J. Mitchell DLA PIPER LLP (US) November 30, 2012 Table of Contents Page I. INTRODUCTION AND SUMMARY .............................................................................. 1 II. THE MONITORSHIP AND THE MONITOR’S RESPONSIBILITIES .......................... 6 III. THE MONITOR’S ACTIVITIES THIS QUARTER ...................................................... 13 IV. OBSERVATIONS AS TO SPECIFIC AREAS .............................................................. 17 A. Athletics Department “Integrity Program” and Related Reforms ....................... 18 1. Overview of the Athletics Department .................................................... 19 2. Code of Conduct for Intercollegiate Athletics ......................................... 21 3. Organization, Staffing, and Oversight ..................................................... 22 a. Athletics Integrity Officer and Athletics Integrity Council ......... 22 b. Athletics Department Compliance Staff ...................................... 23 c. Team Monitors ............................................................................. 24 d. Organizational Structure .............................................................. 24 4. Athletics Department Policies .................................................................. 25 5. Improvements to Security -
Ninth Quarterly Report
NINTH QUARTERLY REPORT OF THE INDEPENDENT ATHLETICS INTEGRITY MONITOR PURSUANT TO THE ATHLETICS INTEGRITY AGREEMENT AMONG THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, THE BIG TEN CONFERENCE AND THE PENNSYLVANIA STATE UNIVERSITY George J. Mitchell DLA PIPER LLP (US) December 5, 2014 Table of Contents Page I. INTRODUCTION AND SUMMARY.............................................................................. 1 II. THE MONITOR’S ACTIVITIES THIS QUARTER........................................................ 2 III. OBSERVATIONS AS TO SPECIFIC AREAS ................................................................ 4 A. Penn State’s Efforts to Implement the AIA ........................................................... 4 1. Activities of the Athletics Integrity Officer............................................... 4 a. General Activities .......................................................................... 4 b. Educational Activities.................................................................... 5 c. Athletics Integrity Council Quarterly Meeting.............................. 5 d Ethics and Compliance Hotline Reporting .................................... 6 2. Penn State Intercollegiate Athletics Policy Manual………………………7 B. Penn State’s Efforts to Complete the Recommendations in the Freeh Report……………………………………………………………..…7 1. Penn State Culture (Recommendation 1.1)................................................ 7 a. Penn State Values and Culture Survey .......................................... 7 b. Penn State Values Statement ........................................................ -
Rico, Corruption and White-Collar Crime
RICO, CORRUPTION AND WHITE-COLLAR CRIME Pamela Bucy Pierson* TABLE OF CONTENTS I. INTRODUCTION ............................................................................................... 524 II. OVERVIEW OF RICO ....................................................................................... 525 A. The RICO Statute .................................................................................. 525 B. Policy Rationale..................................................................................... 529 1. Groups Are More Powerful Than Individuals ................................. 529 2. An Organization’s Resources Help Criminals ................................ 529 a. An Example: Penn State, Second Mile, and Sandusky ............ 530 3. Complex Crime Is Difficult to Investigate ...................................... 532 C. RICO’s Weaknesses .............................................................................. 533 D. Full Circle: How to Build on RICO’s Strengths and Minimize its Weaknesses ........................................................................................... 535 III. WHY RICO WAS PASSED: CONCERN OVER ORGANIZED CRIME AND BEYOND .......................................................................................................... 535 A. RICO’s Focus on Organized Crime ....................................................... 535 B. RICO’s Focus Beyond Organized Crime .............................................. 537 IV. RICO AND WHITE-COLLAR CRIME ................................................................ -
Report Changed Few Opinions in PSU Community
Report changed few opinions in PSU community By Susan Snyder, Inquirer Staff Writer POSTED: JUNE 25, 2014 The report released Monday by Attorney General Kathleen G. Kane into the three-year investigation of child sex-abuser Jerry Sandusky did little to change opinions of a Pennsylvania State University community still deeply divided over the scandal. Those who believe mistakes were made in the investigation, including delays by investigators under Gov. Corbett when he was attorney general, continue to believe so, and contend that they see such evidence in the report. Those who think Corbett and his successors did right by taking time to build a strong case without political motive say the report only buttresses their views. "This report was geared toward an evaluation as to whether or not [Corbett] had acted improperly. The answer to that is clearly a resounding no," Keith Eckel, a member of Penn State's board of trustees since 2001 and a Lackawanna County farmer, said Tuesday. "I never doubted the governor's actions in this effort because I've always had a high level of respect for his independence when it came to enforcing the law." But trustee Anthony Lubrano, a onetime board critic elected in the aftermath of the scandal, said the report validated his suspicions that the investigation had unnecessarily dragged on. "If you read the report carefully, you have to conclude that the delays, particularly those in 2010, were suspect," said Lubrano, a Glenmoore businessman. The Attorney General's Office got the case in March 2009. Sandusky was indicted in November 2011. -
Louis Freeh in Conjunction with Announcement of Publication of Report Regarding the Pennsylvania State University
FOR IMMEDIATE RELEASE REMARKS OF LOUIS FREEH IN CONJUNCTION WITH ANNOUNCEMENT OF PUBLICATION OF REPORT REGARDING THE PENNSYLVANIA STATE UNIVERSITY Philadelphia, PA, July 12, 2012 – Louis Freeh today issued prepared remarks in conjunction with today’s publication of his report of the investigation into the facts and circumstances of the actions of The Pennsylvania State University surrounding the child abuse committed by a former employee, Gerald A. Sandusky. Mr. Freeh will summarize these remarks during his press conference at 10 a.m. today. Mr. Freeh and his law firm, Freeh Sporkin & Sullivan, LLP, were retained in November 2011 on behalf of the Special Investigations Task Force of the Board of Trustees of The Pennsylvania State University to conduct the independent investigation. The full text of the remarks follows: I. Introduction Good Morning. We are here today because a terrible tragedy was allowed to occur over many years at Penn State University, one in which many children were repeatedly victimized and gravely harmed. Our hearts and prayers are with the many children – now young men – who were the victims of a now convicted serial pedophile. I want to remind everyone here, and those watching this press conference, of the need to report child sexual abuse to the authorities. In Pennsylvania you can report child sexual abuse to the Department of Public Welfare’s ChildLine. That number – which is on the screen before you – is (800) 932-0313. It is our hope that this report and subsequent actions by Penn State will help to bring every victim some relief and support. Penn State University is an outstanding educational institution, which is rightly proud of its students, alumni, faculty and staff, who, in turn, hold the institution in very high esteem. -
Addressing Conflicts of Interest in the Context of Campus Sexual Violence
Brigham Young University Education and Law Journal Volume 2017 Number 1 Article 2 Spring 4-1-2017 Addressing Conflicts of Interest in the Context of Campus Sexual Violence Talcott J. Franklin Dennis C. Taylor Ann Beytagh Follow this and additional works at: https://digitalcommons.law.byu.edu/elj Part of the Criminal Law Commons, Education Law Commons, and the Sexuality and the Law Commons Recommended Citation Talcott J. Franklin, Dennis C. Taylor, and Ann Beytagh, Addressing Conflicts of Interest in the Context of Campus Sexual Violence, 2017 BYU Educ. & L.J. 1 (2017). Available at: https://digitalcommons.law.byu.edu/elj/vol2017/iss1/2 . This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Education and Law Journal by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Franklin.1-57.docx (Do Not Delete) 3/13/17 10:26 AM ADDRESSING CONFLICTS OF INTEREST IN THE CONTEXT OF CAMPUS SEXUAL VIOLENCE Talcott J. Franklin*, Dennis C. Taylor* & Ann Beytagh* I. INTRODUCTION Sexual violence on college campuses has become a topic of increasing concern and growing frustration. The reported scope of the problem and its life-shattering consequences are staggering. According to President Obama: An estimated one in five women has been sexually assaulted during her college years – one in five. Of those assaults, only 12 percent are reported, and of those reported assaults, only a fraction of the offenders are punished. And while these assaults overwhelmingly happen to women, we know that men are assaulted, too. -
New York Times 1 November 5, 2011 Former Coach at Penn State Is Charged with Abuse by MARK VIERA
New York Times 1 November 5, 2011 Former Coach at Penn State Is Charged With Abuse By MARK VIERA A former defensive coordinator for the Penn State football team was arrested Saturday on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation, was arraigned and released on $100,000 bail after being charged with 40 counts related to sexual abuse of young boys. Two top university officials — Gary Schultz, the senior vice president for finance and business, and Tim Curley, the athletic director — were charged Saturday with perjury and failure to report to authorities what they knew of the allegations, as required by state law. “This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys,” the Pennsylvania attorney general, Linda Kelly, said in a statement. Mr. Sandusky was an assistant defensive coach to Joe Paterno, the coach with the most career victories in major college football, who helped propel Penn State to the top tiers of the sport. Until now, the Big Ten university had one of the most sterling images in college athletics, largely thanks to Mr. Paterno and his success in 46 seasons as head coach. A grand jury said that when Mr. Paterno learned of one allegation of abuse in 2002, he immediately reported it to Mr. Curley. The grand jury did not implicate Mr. Paterno in any wrongdoing,though it was unclear if he ever followed up on his initial conversation with Mr. -
V I R G I N I A: Before the Virginia State Bar
V I R G I N I A: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF FRANK GERALD FINA VSB DOCKET NO. 20-000-118449 MEMORANDUM ORDER AND OPINION THIS MATTER came before the Virginia State Bar Disciplinary Board (“Board”) for a hearing via video conference on September 25, 2020, on the Amended Rule to Show Cause and Order of Summary Suspension and Notice of Hearing entered on August 31, 2020 (the “Rule to Show Cause”) to which was appended the Order of Suspension entered by the Supreme Court of Pennsylvania Western District on February 19, 2020, suspending for one year and one day effective February 19, 2020, the right of Respondent Frank G. Fina (“Respondent”) to practice law in the Commonwealth of Pennsylvania. The hearing was held before a panel of the Board consisting of Sandra L. Havrilak, Acting Chair; David J. Gogal; Donita M. King; Alexander Simon; and, Reba H. Davis, Lay Member (collectively, the “Board Panel”). The Virginia State Bar (“Bar”) was represented by Elizabeth K. Shoenfeld, Senior Assistant Bar Counsel (“Senior Assistant Bar Counsel”). The Respondent was represented by Bernard Joseph DiMuro, who on behalf of Respondent filed a seventy-three-page Answer to Order to Show Cause. At the onset of the hearing, the Chair stated the following: On March 12, 2020, the Governor of Virginia declared a state of emergency regarding the novel coronavirus (COVID-19) pursuant to Executive Order 51. The state of emergency has been in place since March 12, 2020 and continues indefinitely, until revised or lifted by the Governor. -
Breaking News on Child Sexual Abuse
Breaking news on child sexual abuse: Early coverage of Penn State January 2012 Lori Dorfman, DrPH Pamela Mejia, MPH, MS Priscilla Gonzalez, MPH Andrew Cheyne, CPhil Acknowledgments We thank the Ms. Foundation for Women for supporting this study, and Kelly Parisi and Monique Hoeflinger in particular for their quick action, insights, and collegiality in the development of this study. Thanks to Heather Gehlert for copy editing. © Berkeley Media Studies Group, a project of the Public Health Institute, 2012 1 Breaking news on child sexual abuse: Early coverage of Penn State On Nov. 4, 2011, a grand jury indicted Jerry Sandusky, former Penn State assistant coach and founder of The Second Mile charity for disadvantaged youth, on 40 initial counts of child sexual abuse. He was arrested the following day. By November 9, Penn State Athletic Director Timothy Curley, Senior Vice President Gary Schultz, University President Graham Spanier, and football coach Joe Paterno had all been placed on leave, fired or resigned. And on November 12, Penn State played its next scheduled home football game. Less than a month later, on December 7, a second grand jury presentment charged Sandusky with 12 additional counts of child sexual abuse, raising the total to 52 separate criminal counts. Although the grand jury investigation into Sandusky’s alleged sex crimes had been underway for years and Sara Ganim, a journalist at The Patriot-News in Harrisburg, Pa., had been reporting on the investigation since March 31,1 it was not until Sandusky’s initial indictment and subsequent arrest that national media pounced on the story.