Sexual abuse charges Rock Penn State University (Page 10)
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:19 PM what Joe did or didn't do is the moral conflict that we're all discussing here so if by chance one of us happened not to do the right thing in those similar circumstances, I don't feel there would be need for punishment? Conscience, personal guilt absolutely. But who decides the punishment for a moral mistake? The only 'price' paid so far by Paterno is the loss of his job. The Board of Trustees decides that. Beyond that (and concience/guilt 'costs'), it IS for the courts to decide--civil and/or criminal. NOBODY is convicting him in either of those at this point. |
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Master ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() JohnnyKay - 2011-11-11 2:17 PM maxmattmick - 2011-11-11 2:10 PM if it were my father, I'd be disgusted at his portrayal in the media and across the country and I'd do everything I could to counter this perception that's been painted over the past five days. I wouldn't have to tell him to do the other things you mentioned. He'd already have done that.. as Joe has also. I am not arguing that Joe won't 'make good' going forward. We will see and time will tell. His track record outside of this lapse would seem to argue for hope on that front. That does not mean there are no consequences from his mistake. His portrayal has not been of some evil man. It's been of someone who stuck his head in the sand and ignored the plight of an innocent child. That is, unfortunately, accurate. have to disagree - there's no proof or evidence he stuck his head in the sand this is what I'm talking about... you're implying he deliberately looked the other way which is it? deliberate? Or did he make a grave mistake by not following up further? We don't know the extent of his followup...
it's not that difficult... that's all I'm saying... |
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:21 PM John... I think it's already been agreed above that he was fired to save face and money and very little has to do with punishment otherwise, McQuery would not be there any longer. He was fired because the facts demanded it. Yes, the facts include "saving face" and "money". I do not think it is fair to say why McQueary is still there. You are jumping to conclusions now. |
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Master ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() guys it's been fun... I gotta run. believe it or not I'm heading to the game tomorrow with my three boys... not kidding
got tickets before this all happened unfortunately
It's been nice discussing with you guys! No hard feelings. Just playing some devil's advocate... although i do hold true to most of what I was saying and I guess we'll find out soon a lot more facts that will make the picture much more clear |
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:23 PM have to disagree - there's no proof or evidence he stuck his head in the sand He was told what happened (let's even give him the benefit of the doubt and say McQueary didn't give him a full picutre), reported it to others and basically nothing was done other than banning Sandusky from bringing kids into PSU facilities anymore. He had a responsibility to follow up on accusations like that, in my opinion (and those of many others). Deliberate or 'benign neglect' does not matter at this stage. You want to talk about civil or criminal liabilites, fine. Then more facts are clearly needed. |
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Master ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() JohnnyKay - 2011-11-11 2:31 PM maxmattmick - 2011-11-11 2:23 PM have to disagree - there's no proof or evidence he stuck his head in the sand He was told what happened (let's even give him the benefit of the doubt and say McQueary didn't give him a full picutre), reported it to others and basically nothing was done other than banning Sandusky from bringing kids into PSU facilities anymore. He had a responsibility to follow up on accusations like that, in my opinion (and those of many others). Deliberate or 'benign neglect' does not matter at this stage. You want to talk about civil or criminal liabilites, fine. Then more facts are clearly needed. benign neglect is good... I agree, it doesn't make him innocent I never said he was innocent... just saying his guilt doesn't match the past five days and I think they could have let him coach this weekend and then bag him, but they want it off the front page and I understand that. |
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() There are no hard feelings here either. But I do not believe we need to know more facts to justify what happened to Joe so far. We need more facts to figure out will/should happen to him and the others involved down the road.
And, touching on something said many pages ago, things may get worse for many people involved before they get better. But, I firmly believe that things are already on the road to 'better' because the truth is coming out--albeit much later than anyone would have liked. |
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Master ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() JohnnyKay - 2011-11-11 2:27 PM maxmattmick - 2011-11-11 2:21 PM John... I think it's already been agreed above that he was fired to save face and money and very little has to do with punishment otherwise, McQuery would not be there any longer. He was fired because the facts demanded it. Yes, the facts include "saving face" and "money". I do not think it is fair to say why McQueary is still there. You are jumping to conclusions now. well the facts state that McQuery did commit a crime by not interceding and by not calling the police. I think... |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:04 PM Fred D - 2011-11-11 1:53 PM Goosedog - 2011-11-11 1:42 PM maxmattmick - 2011-11-11 1:38 PM I know it's a simple analogy but what if you were fired from your job based on assumptions like this and didn't even get to tell your side of the story? If this was me, and based just on the known facts about Paterno, I would be fired. Similar to Paterno, my position involves trust and confidence. I could not effectively do my job or represent my employer or its customers. It's very simple. ETA: Now, how would I feel? Probably frustrated. I assume I would have somehow rationalized my behavior and would feel that I could validate it to someone. But, that doesn't matter when it comes to the decision my employer would have to make.
Exactly. My work involves a lot of trust and confidence.... and even if it were only allegations against me (for a cover up of sexual abuse) I am 100% sure that I would be fired. My employer (a hospital) could not allow me to work under those conditions as it would undermine not only the confidence of the patients directly under my care, BUT more importantly the confidence of those coming to the institution (hospital). People NEED to have confidence in the adults/professionals that are charged with great responsibility. The need to know that these individuals will do the right things with their positions of authority. I have to disagree Fred... If you had been at this hospital for 60 years as the top surgeon and they had built their reputation and business on your reputation and without you they'd would not be where they were I think you'd be pretty pissed regardless of whatever allegations they used for your firing I wish some of you guys would just admit that the past five days have been a LITTLE bit of overkill as far as covering Paterno And stop saying "if it were me or you" we would have done this... NOBODY can say for sure what they would have done in McQuery's situation, or Paterno's or any of the other culpable parties position. We'd like to hope we'd do what was right, but truth is we don't know how we'd react in the same situations. Everybody's gotta get off the high horse already. I know exactly how I would act and I'm confident that I know how most people would act. As I stated clearly early in this thread, I have been in a situation similar to Paterno's. I can't fathom acting as he himself described. There was one immediate, overriding priority for myself and the other adults I notified: preventing the person from inflicting anymore harm. It is my personal experience that when presented with evidence of sexual molestation of a child, people will contact and cooperate with law enforcement without hesitation or reserve. This is not conjecture, not putting on rose-colored glasses. It is how I have acted and seen others act.Anyone who would not do that is beneath contempt, regardless of their position, standing in the community or good works. You can try to portray me as arrogant by using phrases like "high horse", but I'm relating experience that you seem to want to deny. All I did was act in a manner consistent with my morals, as did the people whom I notified. It was no great moral test. There was no decision to be made, only action to be taken. What I had to do was neither easy nor pleasant but it was very clear and there was no question about doing it. |
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:38 PM well the facts state that McQuery did commit a crime by not interceding and by not calling the police. I think... I am not sure what the law states and am not about to argue it. But, there may be other reasons why his role in the investigations (and the only eyewitness) may have affected what the Board could do. I don't know. Just saying that we would have to make some gross assumptions on why he's still there for now. It would seem far easier to dump him if they were just interested in saving face. I think *warning-gross assumptions coming* that they may fear that without him, the cover-up that others may, or may not, have done would be difficult to investigate thoroughly. Just a guess. |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 2:38 PM JohnnyKay - 2011-11-11 2:27 PM maxmattmick - 2011-11-11 2:21 PM John... I think it's already been agreed above that he was fired to save face and money and very little has to do with punishment otherwise, McQuery would not be there any longer. He was fired because the facts demanded it. Yes, the facts include "saving face" and "money". I do not think it is fair to say why McQueary is still there. You are jumping to conclusions now. well the facts state that McQuery did commit a crime by not interceding and by not calling the police. I think... Completely wrong. McQuery is protected under whistleblower status. That is because he was a lower level employee in the organization and witnessed a violation of conduct and went to a high level of the organization to report it. Under whistleblower protection, the organization can not retaliate against McQuery and the complaint must come from the person of highest stature in the reporting structure (Paterno) and most able to defend themselves from persecution and job retaliation. If McQuery HAD gone to the police, he more directly risks retalliation from his employer without the protection of this. |
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Not a Coach ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() maxmattmick - 2011-11-11 1:24 PM SoccerGK - 2011-11-11 1:16 PM So, I was torn on whether to even post on here because I do have a whole lot of opinions on this issue, and I don't want to start any fights or get flamed, etc. But here's the thing: I've finally come to terms with the fact that I can totally respect Paterno for what he did for the last 60 years for the university and as a coach. I can feel sad that his legacy ended and that this is how is legacy ended. But I can STILL think he totally deserved the punishment he got. I've admired Penn State for YEARS because of their program. As far as I know, it's the only major BCS public school left without a major NCAA infraction, and that is impressive in itself. And the leader for that entire movement is and always has been Paterno. He prides himself on doing what is right, putting academics ahead of football, and everything of the sort. So saying that he's the "scapegoat" isn't accurate. Others are still going down in flames (the term "scapegoats" generally means that it's the only person taking the blame), but when you put yourself out there as always doing the right thing, and then you don't, OF COURSE people are going to point it out. That's human nature. He says himself that he wishes he had done more, and I respect him for that because I truly believe he has a conscience (unlike the others, it seems), but that doesn't mean he did the right thing. If he had done more than what we already know of, guaranteed we would know of that, too. He wouldn't let his job go so easily if he had indeed followed up and insisted on an investigation, in the way that only someone with his influence could do. Also, I personally have heard a lot on the other members of the administration in the media, but like I said, when you're famous, of course you're going to be the spotlight. Nobody cares if little ole' me does something bad, but when someone who is in the spotlight does, OF COURSE it's going to be in the headlines. If the mayor of a big city does something, isn't he in the headlines, too? And truthfully, I think the media has been quite kind to him. I haven't read an article yet (with the exception of some opinions articles, which I've found some that go each way) that really places him in a bad light. But again, when someone who has been the coach and in the spotlight for as long as he has, it is NEWS when he is fired, and when it's someone who places himself out there as always doing the right thing, it's NEWS when he doesn't. The other members of the administration are not as influential as a person like Paterno at a school like this, again which is why he is a big deal here. Let me reiterate, others are still being punished to greater extents of the law. Paterno was fired, and we don't know what those details are, but he may still have a severance package or something of the sort, and I honestly doubt that he'll have any criminal charges against him. I don't think it's that people like watching him fall, I just think in this case most people thought he would NEVER fall. It's Paterno, for Pete's sake!!! I don't want to see him fall at all. I cried when I heard. And I don't have an inkling of affiliation with the school, either! Nobody is saying that these other guys don't deserve to be punished. I've read about tons of backlash for McQueary still being around. I've read numerous articles calling for the entire administration and football program to step down, which I totally agree with. I read on article in particular mentioning that they think the football program should be canceled for a couple years to rebuild and give the guys an extra year of eligibility to accommodate them. Heck, the Pennsylvania state legislature wants to sign a new law setting standards for reporting child abuse. This clearly goes far beyond Paterno, and nobody is hiding that. Give the media some credit here, you just have to look a little farther than the main headline. I'm the first person to blast the media usually for turning a story upside down, but like I said, I've not read a ton of articles here that I think are in poor taste. Lastly, using ESPN as a news source in this really isn't fair. It is a sports network, so it's natural that they are focusing on Paterno. And REALLY lastly, we won't hear more about the victims until they want to be identified. And I can't blame them for wanting to stay hidden. They've been punished enough, so why would they want to subject themselves to more reminders of it by going public? They never asked to be in the public, so I wouldn't force that upon them ever. very well put... that's basically all I'm saying it's a shame he's taking all the heat but understood that being human nature I didn't mean for the victims names to be made public, just that people would focus the same amount of strength and effort to assisting them and their recovery in the future and I don't think that's going to happen to the same level. Somehow I missed this post and your response earlier. So, you agree with the poster? Just picking out a few points: "I can feel sad that his legacy ended and that this is how is legacy ended. But I can STILL think he totally deserved the punishment he got." "saying that he's the "scapegoat" isn't accurate" "He says himself that he wishes he had done more, and I respect him for that because I truly believe he has a conscience (unlike the others, it seems), but that doesn't mean he did the right thing." "Nobody is saying that these other guys don't deserve to be punished."
In summary, we can feel sad for Paterno yet still feel he deserved to be fired. He is not a scapegoat here, just the center of media attention (for understandable reasons). He admits that he wished he had done more. And you agree with all that? Yet you continue to argue that Paterno's treatment is unfair? I am sorry, this makes no sense given the rest of your arguments here. Either Paterno deserves to be fired or he doesn't. Either he is the sacpegoat or he isn't. Either he should have done more (in which case his firing appears entirely justified) or "we don't know what he did or didn't do" (and can't be sure if he should be fired or not). Your arguments appear wildly inconsistent. |
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Pro ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() pitt83 - 2011-11-11 2:04 PM maxmattmick - 2011-11-11 2:38 PM Completely wrong. McQuery is protected under whistleblower status. That is because he was a lower level employee in the organization and witnessed a violation of conduct and went to a high level of the organization to report it. Under whistleblower protection, the organization can not retaliate against McQuery and the complaint must come from the person of highest stature in the reporting structure (Paterno) and most able to defend themselves from persecution and job retaliation. If McQuery HAD gone to the police, he more directly risks retalliation from his employer without the protection of this. JohnnyKay - 2011-11-11 2:27 PM maxmattmick - 2011-11-11 2:21 PM John... I think it's already been agreed above that he was fired to save face and money and very little has to do with punishment otherwise, McQuery would not be there any longer. He was fired because the facts demanded it. Yes, the facts include "saving face" and "money". I do not think it is fair to say why McQueary is still there. You are jumping to conclusions now. well the facts state that McQuery did commit a crime by not interceding and by not calling the police. I think...
WRONG!! Sandusky was retired when McQuery saw what he did. Although Sandusky had full use of the facilities, he was NOT employed by Penn State at that time. As such, McQuery has no protection under the whistleblower statutes. |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Left Brain - 2011-11-11 3:27 PM pitt83 - 2011-11-11 2:04 PM maxmattmick - 2011-11-11 2:38 PM Completely wrong. McQuery is protected under whistleblower status. That is because he was a lower level employee in the organization and witnessed a violation of conduct and went to a high level of the organization to report it. Under whistleblower protection, the organization can not retaliate against McQuery and the complaint must come from the person of highest stature in the reporting structure (Paterno) and most able to defend themselves from persecution and job retaliation. If McQuery HAD gone to the police, he more directly risks retalliation from his employer without the protection of this. JohnnyKay - 2011-11-11 2:27 PM maxmattmick - 2011-11-11 2:21 PM John... I think it's already been agreed above that he was fired to save face and money and very little has to do with punishment otherwise, McQuery would not be there any longer. He was fired because the facts demanded it. Yes, the facts include "saving face" and "money". I do not think it is fair to say why McQueary is still there. You are jumping to conclusions now. well the facts state that McQuery did commit a crime by not interceding and by not calling the police. I think...
WRONG!! Sandusky was retired when McQuery saw what he did. Although Sandusky had full use of the facilities, he was NOT employed by Penn State at that time. As such, McQuery has no protection under the whistleblower statutes. No, I speak of Paterno being the higher authority, not Sandusky. I agree Sandusky was not on the payroll, but a violation of law occured in the workplace regardless if the perpetrator was an university employee or not. Any violation in a workplace falls into whistleblower protection. |
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Pro ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Pitt, that is speculation on your part. There has been no ruling to that effect that has been made part of the record. (at least the record that has been released to the public) Edited by Left Brain 2011-11-11 2:42 PM |
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Champion ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Left Brain - 2011-11-11 3:41 PM Pitt, that is speculation on your part. There has been no ruling to that effect that has been made part of the record. (at least the record that has been released to the public) It is my interpretation of labor laws; true. But if my speculation is that McQueary must stay for this reason, it's also then speculation that he deserves to be fired because of his precieved shortcomings in dealing with the situation. |
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Pro ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() You know, no matter how dispicable this is to the collective "us"....MOST of what we're doing at this point is speculating. While I agree that he MAY be protected under the whistleblower laws, it gets messy when you consider mandated reporter laws and the fact that he did nothing to rescue that child from the act as it happened. I don't want to see McQuery protected. That certainly wasn't the spirit of the whistleblower law in this case. |
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Champion![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() pitt83 - 2011-11-11 2:47 PM Left Brain - 2011-11-11 3:41 PM Pitt, that is speculation on your part. There has been no ruling to that effect that has been made part of the record. (at least the record that has been released to the public) It is my interpretation of labor laws; true. But if my speculation is that McQueary must stay for this reason, it's also then speculation that he deserves to be fired because of his precieved shortcomings in dealing with the situation. There’s no universally observed “whistleblower law” that applies to employees in all industries and jurisdictions. Most of them are a patchwork of various laws and regs that apply either to government employees or specific industries (manufacturing, banking, e.g.). In any case, if an employee’s conduct was itself irresponsible, the employer could easily justify terminating that employee even if that employee reported misconduct on company property. In this case, the employee personally witnessed the rape of a 10 year old boy and failed to call police. The fact that he notified his immediate supervisor would not, in my opinion, protect him from disciplinary action on the basis of his shocking lack of judgment in failing to notify authorities upon observing a violent crime. |
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Veteran![]() ![]() ![]() ![]() | ![]() I'm a prosecutor but not one in penn. that said, where I live the statute of limitations on a crime like failure to report is only 5 years. So the assistant couldn't be charged with a crime if the SOL had run. |
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Champion![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | ![]() Goosedog - 2011-11-11 12:59 PM KSH - 2011-11-11 1:56 PM Do you realize that if someone tells you that someone else they killed someone... you can't go to the police. Well you can, but they won't do a dang thing because it's hearsay. You didn't see it, so you can't report it. You heard from a friend... who heard it from the murderer. Won't hold up. You do realize this is completely inaccurate.
Maybe not in Texas? I heard that if someone tells you.. that someone else they know murdered someone... it won't hold up in court because it's hearsay. |
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Expert![]() ![]() ![]() ![]() | ![]() KSH - 2011-11-11 4:29 PM Goosedog - 2011-11-11 12:59 PM Maybe not in Texas? I heard that if someone tells you.. that someone else they know murdered someone... it won't hold up in court because it's hearsay. KSH - 2011-11-11 1:56 PM Do you realize that if someone tells you that someone else they killed someone... you can't go to the police. Well you can, but they won't do a dang thing because it's hearsay. You didn't see it, so you can't report it. You heard from a friend... who heard it from the murderer. Won't hold up. You do realize this is completely inaccurate.
Hearsay is inadmissible IN COURT, yes. Although, a good trial attorney can pretty much get anything admitted, since there are like 1000 exceptions (or maybe it just seemed that way when I learned it in Evidence...). BUT, you CAN go tell the police, and have the police do a thorough investigation that involves finding more direct evidence. If Paterno (or anybody) had gone to the police and said "Our GA said this...," then the cops would still have to run an investigation on it. However, Paterno might not be able to say in court "Our GA said..." because that's where hearsay is inadmissible. I hope I explained that well enough, but that's the difference. |
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![]() SoccerGK - 2011-11-11 2:33 PM KSH - 2011-11-11 4:29 PM Goosedog - 2011-11-11 12:59 PM Maybe not in Texas? I heard that if someone tells you.. that someone else they know murdered someone... it won't hold up in court because it's hearsay. KSH - 2011-11-11 1:56 PM Do you realize that if someone tells you that someone else they killed someone... you can't go to the police. Well you can, but they won't do a dang thing because it's hearsay. You didn't see it, so you can't report it. You heard from a friend... who heard it from the murderer. Won't hold up. You do realize this is completely inaccurate.
Hearsay is inadmissible IN COURT, yes. Although, a good trial attorney can pretty much get anything admitted, since there are like 1000 exceptions (or maybe it just seemed that way when I learned it in Evidence...). BUT, you CAN go tell the police, and have the police do a thorough investigation that involves finding more direct evidence. If Paterno (or anybody) had gone to the police and said "Our GA said this...," then the cops would still have to run an investigation on it. However, Paterno might not be able to say in court "Our GA said..." because that's where hearsay is inadmissible. I hope I explained that well enough, but that's the difference. Yup. Hearsay only applies to testimony given in court. I.e., Karen cannot say that "scott told me that jim ran the red light". It's an out of court statement by someone not under oath. Idea is that you have to be able to cross examine your accusers. Also, in preliminary felony hearings hearsay by certain individuals (police officers, DA investigators), is admissible. As noted, there are a ton of exceptions. |
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