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 for Athletics and Recreational Facilities ....... 26 6. Changes in Facilities for Academic Support for Student-Athletes .......... 29 B. Enhancements to Other University Policies ........................................................ 30 1. University Policies for the Protection of Minors ..................................... 31 a. AD39: Minors Involved in University-Affiliated Programs ....... 31 b. HR99: Background Checks ......................................................... 33 c. AD72: Reporting Suspected Child Abuse .................................. 34 2. AD74: Compliance with the Clery Act ................................................... 35 3. University Police Department Policies .................................................... 36 ‐i‐ Page C. Clery Act Compliance .......................................................................................... 37 D. Changes in University Governance and Administration ..................................... 40 E. Training and Education ........................................................................................ 44 1. Training Required Under the AIA ........................................................... 44 a. Athletics Department Training .................................................... 45 b. Training on Clery Act and Mandated Reporter Responsibilities ............................................................................ 47 c. University Police Department Training ....................................... 48 d. Tracking and Coordination of Training Activities ....................... 49 2. University Educational Initiatives ............................................................ 49 a. The Rock Ethics Institute ............................................................. 50 b. National Conference on Child Sexual Abuse .............................. 50 c. Other Sexual Assault and Child Abuse Awareness Activities ...................................................................................... 51 F. Compliance Hotline and Other Components of Disclosure Program .................. 54 V. CONCLUSIONS AND NEXT STEPS ............................................................................ 56 ‐ii‐ I. INTRODUCTION AND SUMMARY On July 23, 2012, the National Collegiate Athletic Association (“NCAA”) entered into a binding Consent Decree with The Pennsylvania State University (“Penn State” or the “University”) to address asserted violations of the NCAA’s Constitution and By-laws based on a report by Freeh Sporkin & Sullivan LLP dated July 12, 2012 (the “Freeh Report”). The Freeh Report concerned acts of child sexual abuse committed by Gerald A. Sandusky, a former Penn State assistant football coach. On August 28, 2012, Penn State entered into an Athletics Integrity Agreement (“AIA”) with the NCAA and the Big Ten Conference to implement aspects of the Consent Decree. I was appointed the independent athletics integrity monitor (“Monitor”) pursuant to section III of the Consent Decree and article IV of the AIA. I retained my law firm DLA Piper LLP (US) to assist me in that role. The AIA requires me, as the Monitor, to prepare a written quarterly report to Penn State, the Big Ten Conference, and the NCAA regarding the University’s implementation of the provisions of the AIA. This is the first quarterly report. Since my appointment, I have met and interviewed many individuals at Penn State, including Board of Trustees Chairman Karen B. Peetz, President Rodney A. Erickson, acting Athletic Director David M. Joyner, football head coach Bill O’Brien, members of the faculty, administrators, and student leaders. My colleagues have met with many others. Our goals in these meetings have been to hear directly from the Penn State community about the efforts that are underway to implement the requirements of the AIA; to gain a foundational understanding of the operation of the Athletics Department and its relation to the governance of the University; and to discuss related matters. We have received the University’s full cooperation during this initial period of the monitorship. Our requests for access to University personnel have been granted without exception. The University and its outside counsel have been responsive to our document requests. Based on our work to date, Penn State’s Board of Trustees and its administration appear determined to implement, swiftly and in good faith, the recommendations for reform that were identified in the Freeh Report, and to fulfill the commitments that the University made in the Consent Decree and the AIA. The University has dedicated substantial time and resources to accomplishing these objectives. Many of the Freeh Report recommendations have been implemented already, while implementation is well underway of other recommendations that will take longer to complete. Before the AIA was finalized, Penn State already had established an administration response team, led by three senior administrators, to oversee the University’s assessment and implementation of the Freeh Report recommendations. It also had begun to implement some of those recommendations. The administration response team meets weekly to assess and drive progress on the Freeh Report recommendations. The Board of Trustees established its own response team, led by Vice Chairman Keith E. Masser, which oversees the work of the administration response team. An activity matrix developed under the leadership of these teams tracks progress and is updated regularly on a public website.1 A third group, the Freeh Response Advisory Council, includes representatives from the student body, the staff, the Faculty Senate, the Academic Leadership Council, and the Hershey Medical Center, as well as the faculty athletics representative, Professor Linda Caldwell. It meets biweekly to review reports on the status of ongoing work from, and to provide feedback to, the administration and Board response teams. Our team has attended nearly all of the meetings of the administration response team and 1 See www.progress.psu.edu. 2 of the Freeh Response Advisory Council. We also have attended meetings of the Board of Trustees and of its various committees that have been held since my appointment. The University’s efforts have resulted in tangible achievements. Many formal policies have been revised or adopted, including policies to govern background checks for University employees, access to University athletics and recreational facilities, protection of children involved in University-affiliated activities, and the duties to report possible child abuse. During the past summer, new background check procedures were followed for thousands of employees who were involved in Penn State sports camps. More than 9,600 individuals have been trained as to their duties as mandated reporters of suspected child abuse under Pennsylvania state law, and roughly 2,600 “campus security authorities” have been trained about their reporting responsibilities under the federal Clery Act.2 The University created and staffed a new position in its police department dedicated to ensuring compliance with the Clery Act. It has established the Athletics Integrity Council required by the AIA; is now recruiting an athletics integrity officer; has added compliance staff in the Athletics Department; has changed some reporting relationships in that department to better integrate it with the University’s administration; and has drafted and is in the process of adopting a new Code of Conduct for Intercollegiate Athletics. The Athletics Department also has begun a critical review of security arrangements for the many buildings and venues that are subject to its oversight, and some changes in security practices already have been implemented in conjunction with the adoption of the new policy on access to those facilities. The University also has demonstrated a commitment as an institution to addressing the grave problem of child abuse that the Sandusky case laid bare. There appears to