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November 8th, 2011
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The Law and Morality

Joe Paterno

“There are the obligations we all have to uphold the law,” the headline of The Patriot-News, the local Harrisburg, PA newspaper read today.

“There are then the obligations we all have to do what is right.”

In the midst of one of the ugliest scandals college athletics has ever seen, Penn State University must contemplate the future, faced to face with its past.

There is sure to be a cataclysmic list of consequences for those involved in the Jerry Sandusky sex scandal.

This includes Penn State Athletic Director Tim Curley and VP of Finance and Operations Gary Schultz, who have both already lost their jobs.

It includes Graham Spanier, the Penn State president of 16 years who approved the ban of Sandusky’s ability to bring children around the Penn State campus and football facilities, but never reported the issue to authorities.

Spanier, notoriously known for his attraction to the limelight, the media, has built a reputation on being that likeable face, a leader, always present. Spanier has been nowhere to be found during these dark, perilous days in Happy Valley.

And just as startling a revelation as any, this scandal involves legendary coach and face of Penn State, Joe Paterno.

The news of the incident in 2002 went as far up the ladder as Curley and Schultz, and nobody called the police. Nobody.

While the degree of Paterno’s involvement is suspect to this point, he has disclosed what he had done to remedy the situation brought to him by then graduate assistant Mike McQueary – alert his predecessor, the bare minimum of his legal obligations.

According to The Patriot-News, Sandusky has allegedly sexually abused a child within the confines of Penn State facilities with a third party witness in 2002. McQueary – that third party – is reported to have witnessed Sandusky performing a sex act on a child in the Penn State locker room showers.

There are rumblings of over 20 incidents dating back to 1994, and eight boys as young as 8 years old listed in the grand jury finding by the State of Pennsylvania.

The news of the incident in 2002 went as far up the ladder as Curley and Schultz, and nobody called the police.

Nobody.

All of these men were aware of a reported child molester living and working within the confines of a program and community that brought him in contact with children on a daily basis, and nobody said anything.

This is not pay-for-play. This is not tattoos or memorabilia. This is child sexual abuse.

This is the lowest rung on the prison ladder and this story has been stonewalled for over a decade.

Diabolic in its conspiracy, 10 years later Penn State is finally upholding the law. But the law has boundaries.

Curley and Schultz are already out, with the rest of their futures being held in the balance on charges of perjury. The results of which will come in due time and will rely largely on specifics such as statute of limitations and legal interpretations.

The price for Sandusky, well, he will likely spend the rest of his life in prison.

Joe Paterno (right) did what he was legally obligated to do, but did he do enough when made aware of the alleged assault made by Jerry Sandusky (left)? Photo courtesy of Sports Illustrated

In lieu of what is and isn’t known, there has already been a clarion call for the resignation of Spanier and Paterno.

For Penn State, as a university, institution and community to not fall into an unrecoverable crater, they must abide by these demands, as difficult as it may be to cut ties with the face of their program and prestige.

Linda Kelly, Pennsylvania’s attorney general has determined that both Paterno and Spanier did everything they were legally obligated to do.

But shouldn’t a football icon and a university president be held morally as well as legally obligated?

I am a firm believer in the adage: it’s not how you act, it’s how you react.

These two men, symbols of leadership and responsibility, responded to “something of a sexual nature,” and “inappropriate conduct,” between an employee and young child by banning Sandusky from “bringing children on campus.”

And then they… wait no they didn’t. That was it.

They didn’t alert the authorities. They didn’t seek out the victim and offer emotional support or show any concern. They told him to keep if off campus – a restriction Curley himself described as unenforceable.

Some firmly believe that if they are going to dismiss Paterno they should waste no time, swallow their pride, stomach the harrowing decision, and do what is morally right, not what they are legally obligated to do.

The ebb and flow of game day in Happy Valley will surely not be the same without Paterno, senior night none-the-less, when Penn State hosts Nebraska on Saturday – a win would put Penn State a single victory away from clinching a spot in the first ever Big Ten Championship.

But will it anyways?

The answer is not only no, but it will be far worse, and will only continue to worsen with every day this charade is able to breathe the air that has become this media frenzy. Turbulence now will help steel everyone for later, and with the way and rate this scandal is unfolding, Penn State is going to need a steely resolve.

It’s imperative for Penn State to take the larger implications of their program and institution into consideration. Football programs – colleges as a whole – are about leading young men and women, building character and guiding students towards a bright future. If they fail to act, to remedy this situation in a morally appeasable way, what will that say about their program?

As a father, would you be comfortable with your son playing football, away from home, under the leadership and authority of those who supported a sex offender?

With the canons of decency under siege, Penn State must not break their resolve and do not just what is necessary, but what is right.

Clean your house, and send Joe Pa, Spanier and McQueary back to theirs.


About the Author

Ben Baroff
Ben is a Senior at Indiana University majoring in Sports Communication - Print with a minor in Marketing/Management. Ben is currently the IUSportCom Print Editor as well as an intern with Skylight Entertainment and The National Foundation for Cancer Research. Follow Ben on twitter at @bbaroff.


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