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Penn State Scandal: Jerry Sandusky Rumored To Have 'Pimped' Boys To Donors:
In the frenzied hours after the Penn State Board of Trustees announced that Joe Paterno was being relieved of his duties as football coach effective immediately, students in State College took to the streets in support of the former coach while college football analysts around the country sought to place his fall from grace in perspective.
Several hours earlier, Paterno had issued an independent statement, revealing his own intention to retire after the season. Clearly, the Board of Trustees felt Paterno needed to go sooner for his complicity in -- or, at least, his indifference toward -- the heinous sexual assaults allegedly committed by former Penn State defensive coordinator Jerry Sandusky.
With Paterno's career having come to a sudden, inglorious conclusion and Beaver Canyon overrun with students, some of whom flipped two television news trucks, it seemed that Penn State had reached its nadir.
Perhaps not.
Shockingly, there are reports that even more depraved details about the sexual crimes allegedly committed by Sandusky will be revealed in the coming days. As the quasi-riots shook the Penn State campus late Wednesday evening and early Thursday morning, SportsByBrooks began tweeting ominous messages about allegations that have yet to become public.
Several hours after these SportsByBrooks tweets, Pittsburgh radio host Mark Madden appeared on The Dennis and Callahan Show on WEEI in Boston and shared what he believes those allegations to be.
"I can give you a rumor and I can give you something I think might happen," Madden said on the radio. "I hear there's a rumor that there will be a more shocking development from the Second Mile Foundation -- and hold on to your stomachs, boys, this is gross, I will use the only language I can -- that Jerry Sandusky and Second Mile were pimping out young boys to rich donors. That was being investigated by two prominent columnists even as I speak."
Madden has been following the Sandusky case long before the former coach's alleged sex crimes against young boys became widely known several days ago. In April, Madden authored an article for the Beaver County Times positing that Sandusky's sex crimes had been swept under the rug by Penn State in the late 1990s in exchange for his quiet resignation.
"The other thing I think that may eventually become uncovered, and I talked about this in my original article back in April, is that I think they'll find out that Jerry Sandusky was told that he had to retire in exchange for a cover-up," said Madden during his Thursday morning radio appearance. "If you look at the timeline, that makes perfect sense, doesn't it?
If the allegations that Madden is making are indeed the same ones foreshadowed by Brooks and they turn out to be true then this entire scandal will continue to metastasize and the firing of Paterno will only be the beginning.
CLICK HERE TO LISTEN TO MADDEN'S RADIO APPEARANCE
Although Madden's April article appears to have been largely on point regarding the seriousness of Sandusky's alleged crimes and the indifference -- or, worse, complicity -- showed by Penn State personnel, not everyone is willing to immediately accept his latest, and arguably most disturbing, account as he does not cite his sources. Among those taking the moderately-polarizing, sometimes shock jock's story with a grain of salt is Ben Jones. Among the must-follow tweeters throughout the scandal at Penn State, Jones is a college football reporter for BlackShoeDiaries.com.
Project Willow wrote:It all remains smoke and rumors.
Is this journalism?
Anyway.
http://www.huffingtonpost.com/2011/11/10/penn-state-scandal-rumors-sandusky-pimping_n_1086099.html
Penn State Scandal: Jerry Sandusky Rumored To Have 'Pimped' Boys To Donors:
In the frenzied hours after the Penn State Board of Trustees announced that Joe Paterno was being relieved of his duties as football coach effective immediately, students in State College took to the streets in support of the former coach while college football analysts around the country sought to place his fall from grace in perspective.
Several hours earlier, Paterno had issued an independent statement, revealing his own intention to retire after the season. Clearly, the Board of Trustees felt Paterno needed to go sooner for his complicity in -- or, at least, his indifference toward -- the heinous sexual assaults allegedly committed by former Penn State defensive coordinator Jerry Sandusky.
With Paterno's career having come to a sudden, inglorious conclusion and Beaver Canyon overrun with students, some of whom flipped two television news trucks, it seemed that Penn State had reached its nadir.
Perhaps not.
Shockingly, there are reports that even more depraved details about the sexual crimes allegedly committed by Sandusky will be revealed in the coming days. As the quasi-riots shook the Penn State campus late Wednesday evening and early Thursday morning, SportsByBrooks began tweeting ominous messages about allegations that have yet to become public.
Several hours after these SportsByBrooks tweets, Pittsburgh radio host Mark Madden appeared on The Dennis and Callahan Show on WEEI in Boston and shared what he believes those allegations to be.
"I can give you a rumor and I can give you something I think might happen," Madden said on the radio. "I hear there's a rumor that there will be a more shocking development from the Second Mile Foundation -- and hold on to your stomachs, boys, this is gross, I will use the only language I can -- that Jerry Sandusky and Second Mile were pimping out young boys to rich donors. That was being investigated by two prominent columnists even as I speak."
Madden has been following the Sandusky case long before the former coach's alleged sex crimes against young boys became widely known several days ago. In April, Madden authored an article for the Beaver County Times positing that Sandusky's sex crimes had been swept under the rug by Penn State in the late 1990s in exchange for his quiet resignation.
"The other thing I think that may eventually become uncovered, and I talked about this in my original article back in April, is that I think they'll find out that Jerry Sandusky was told that he had to retire in exchange for a cover-up," said Madden during his Thursday morning radio appearance. "If you look at the timeline, that makes perfect sense, doesn't it?
If the allegations that Madden is making are indeed the same ones foreshadowed by Brooks and they turn out to be true then this entire scandal will continue to metastasize and the firing of Paterno will only be the beginning.
CLICK HERE TO LISTEN TO MADDEN'S RADIO APPEARANCE
Although Madden's April article appears to have been largely on point regarding the seriousness of Sandusky's alleged crimes and the indifference -- or, worse, complicity -- showed by Penn State personnel, not everyone is willing to immediately accept his latest, and arguably most disturbing, account as he does not cite his sources. Among those taking the moderately-polarizing, sometimes shock jock's story with a grain of salt is Ben Jones. Among the must-follow tweeters throughout the scandal at Penn State, Jones is a college football reporter for BlackShoeDiaries.com.
Report: Ex-PSU president OK'd not reporting abuse
(AP) – 2 hours ago
STATE COLLEGE, Pa. (AP) — Emails show Penn State's former president Graham Spanier agreed not to take allegations of sex abuse against ex-assistant football coach Jerry Sandusky to authorities but worried university officials would be "vulnerable" for failing to report it, a news organization has reported.
The emails followed a graduate assistant's 2001 report he saw Sandusky sexually assaulting a boy in the team locker room shower, CNN reported. The existence of the emails was first reported earlier this month by NBC.
The emails show athletic director Tim Curley and retired vice president Gary Schultz intended to report the allegation, then reconsidered. Spanier responded that he was "supportive" of their plan, but he worried they might "become vulnerable for not having reported it."
Sandusky was convicted this month of 45 counts of sexually abusing 10 boys. The scandal led to the ouster of Spanier and revered coach Joe Paterno and charges against Curley and Schultz, who are accused of perjury for their grand jury testimony and failing to properly report suspected child abuse. Spanier hasn't been charged.
The timing of their change in plans — coming after Curley's discussion with Paterno — raises questions about whether the coach was more involved than he said in the decision.
The CNN report cites an email from Schultz to Curley on Feb. 26, 2001, 16 days after graduate assistant Mike McQueary told veteran coach Joe Paterno about the shower assault. Schultz suggests bringing the allegation to the attention of Sandusky, Sandusky's charity and the Department of Welfare, which investigates suspected child abuse, according to the report.
But the next night, Curley sent an email to Spanier, saying that after thinking about it more and talking to Paterno, he was "uncomfortable" with that plan and wanted to work with Sandusky before contacting authorities, the report said.
If Sandusky is cooperative, Curley's email said, "we would work with him. .... If not, we do not have a choice and will inform the two groups," according to the report.
Spanier wrote back and agreed with that approach, calling it "humane and a reasonable way to proceed," according to the report. But he also worried about the consequences.
"The only downside for us is if message isn't 'heard' and acted upon and we then become vulnerable for not having reported it, but that can be assessed down the road," the email said, according to CNN.
Spanier's attorney didn't immediately return a call from The Associated Press seeking comment Saturday.
The timing of their change in plans — coming after Curley's discussion with Paterno — raises questions about whether the coach was more involved than he said in the decision.
Wick Sollers, the lawyer for the Paterno family, said in a statement Saturday that it would be inappropriate for the family to comment on the contents of the emails because the family didn't possess them.
"To be clear, the emails in question did not originate with Joe Paterno or go to him as he never personally utilized email," Sollers said.
Schultz and Curley's lawyers on Saturday echoed recent comments by Gov. Tom Corbett about the need for a solid case before charging Sandusky. Corbett began the investigation in 2009 when he was attorney general.
"For Curley, Schultz, Spanier and Paterno, the responsible and 'humane' thing to do was, like Governor Corbett, to carefully and responsibly assess the best way to handle vague, but troubling allegations," the lawyers said. "Faced with tough situations, good people try to do their best to make the right decisions."
Paterno, ousted by the school's board of trustees for what was called his "failure of leadership" surrounding allegations against Sandusky, died of lung cancer in January. After Sandusky's arrest, Paterno said through a spokesman that he reported the allegation to the head of his department and "that was the last time the matter was brought to my attention until this investigation and I assumed that the men I referred it to handled the matter appropriately."
Sollers, the Paterno family lawyer, said Saturday that Paterno testified truthfully and to the best of his recollection to the grand jury. He said Paterno believed the matter would be "thoroughly and professionally investigated" and that the coach "did not interfere with or attempt to compromise any investigation."
Schultz, 62, and Curley, 58, deny the allegations and have asked a judge to dismiss the charges. A status conference for their case is scheduled for July 11.
Spanier sued Penn State in May to try to get copies of his email traffic from 1998 to 2004, citing the pending investigation being conducted on the university by former FBI director Louis Freeh. Two weeks ago, lawyers for Penn State asked a judge to throw out the lawsuit and said the attorney general's office, which is prosecuting Curley and Schultz, had asked them not to provide Spanier with the emails.
In a statement released Saturday night, the school said the public and Penn State will receive the Freeh report at the same time, and that the Board of Trustees and administration will discuss the report when it is issued.
Report slams Penn State's 'total disregard' in Sandusky case
By Kevin Johnson, USA TODAY Updated 8m ago
Senior Penn State administrators exhibited a "total disregard for the safety and welfare'' of the children who were sexually abused by former Penn State University assistant football coach Jerry Sandusky, according to an internal investigation of the university.
"The most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized,'' the investigation concluded.
It cited former Penn State University president Graham Spanier, former vice president Gary Schultz, former head football coach Joe Paterno and Athletic Director Tim Curley, now on leave, as never demonstrating "through actions or words, any concern for the safety and well-being of Sandusky's victims until after Sandusky's arrest."
The 267-page report by former FBI director Louis Freeh comes less than three weeks after Sandusky was convicted of 45 counts of child sexual abuse involving 10 victims during a span of 15 years. Sandusky is in a central Pennsylvania county jail awaiting formal sentencing.
A "critical written correspondence'' uncovered earlier this year, investigators said, contained evidence of a proposed plan to report to law enforcement authorities a 2001 incident involving Sandusky and a young boy in a university shower room that was witnessed by football assistant Michael McQueary.
MORE: Read through the entire Freeh Report
MORE: Sandusky convicted on 45 charges, faces life in prison
"After Mr. Curley consulted with Mr. Paterno, however, they changed the plan and decided not to make a report to the authorities,'' the report said. "Their failure to protect the … child victim, or make attempts to identify him, created a dangerous situation for other unknown, unsuspecting young boys who were lured to the Penn State campus and football games by Sandusky and victimized repeatedly by him."
"Further,'' the report said, "they exposed this child to additional harm by alerting Sandusky, who was the only one who knew the child's identity, about what McQueary saw in the shower on the night of February 9, 2001."
Citing witness statements and other evidence, the university officials acted "in order to avoid the consequences of bad publicity.''
"The most powerful leaders at Penn State University - Spanier, Schultz, Paterno and Curley - repeatedly concealed critical facts relating to Sandusky's child abuse from the authorities, the Board of Trustees, Penn State community, and the public at large.
"Although concern to treat the child abuser humanely was expressly stated, no such sentiments were ever expressed by them for Sandusky's victims.''
Penn State immediately released a statement that said officials are "currently reviewing (Freeh's) findings and recommendations. We expect a comprehensive analysis of our policies, procedures and controls related to identifying and reporting crimes and misconduct, including failures or gaps that may have allowed alleged misconduct to go undetected or unreported."
The university was expected to comment later Thursday afternoon.
The review, which focused on how top Penn State administration officials dealt with Sandusky during the time of the abuse and following a 2001 report of the former coach's abuse of a young boy in a university football locker-room, is likely to have immediate implications on a continuing state grand jury investigation and the pending perjury trial of Curley and Schultz.
The two administrators, who have denied any wrongdoing, are charged with lying to the grand jury about a report of the 2001 incident that was related to them by Penn State football assistant Michael McQueary.
Freeh's report said that "evidence shows'' that all four men—Spanier, Paterno, Curley and Schultz -- also knew about a 1998 criminal investigation of Sandusky relating to suspected sexual misconduct with a young boy in a Penn State football locker room shower.
" Again, they showed no concern about that victim,'' the report said. "The evidence shows that Mr. Paterno was made aware of the 1998 investigation of Sandusky, followed it closely, but failed to take any action, even though Sandusky had been a key member of his coaching staff for almost 30 years, and had an office just steps away from Mr. Paterno's."
"At the very least," the report said. "Mr. Paterno could have alerted the entire football staff, in order to prevent Sandusky from bringing another child'' into the building where Sandusky abused several children."
Spanier, Schultz, Paterno and Curley also "failed to alert the Board of Trustees about the 1998 investigation or take any further action against Mr. Sandusky,'' the report said.
None of the officials, the report found, even confronted Sandusky about his conduct.
"In short, nothing was done and Sandusky was allowed to continue with impunity,'' the report said.
McQueary, a key prosecution witness in the Sandusky criminal trial, said he told the administrators and head football coach Joe Paterno that Sandusky was engaged in "extremely sexual" conduct with a boy, who looked to be as young as 10. The boy has never been found.
Curley and Schultz told the grand jury that McQueary's report did not include an account of sexual activity.
The incident was at the heart of the university's decision, following Sandusky's November arrest, to remove Penn State President Graham Spanier from his post and fire Paterno, a college football legend who had directed the program for nearly a half century.
Freeh's report also could have profound consequences for Spanier and the legacy of Paterno, who died in January shortly after being diagnosed with lung cancer.
Neither man was charged when the initial criminal case was filed last fall, but Spanier's attorneys and Paterno's family — in advance of Freeh's report — have issued strong statements claiming they did not attempt to cover for Sandusky. The statements refer to a recent CNN report, citing e-mails obtained by Freeh's investigation, which suggest that Spanier was made aware of the 2001 incident involving Sandusky and that a decision was made not to notify authorities after a reported consultation with Paterno.
"At no time in the more than 16 years of his presidency at Penn State was Dr. Spanier told of an incident involving Jerry Sandusky that described child abuse, sexual misconduct or criminality of any kind," Spanier attorneys Peter Vaira and Elizabeth Ainslie said earlier this week. "Selected leaks, without the full context, are distorting the public record and creating a false picture.''
In a separate statement earlier this week, Paterno's family said that the coach "did not cover up for Jerry Sandusky."
"Joe Paterno did not know that Jerry Sandusky was a pedophile. Joe Paterno did not act in any way to prevent a proper investigation of Jerry Sandusky. To claim otherwise is a distortion of the truth."
Citing the leaked e-mails, the Paterno statement went on to question the integrity of Freeh inquiry.
"Since Joe Paterno never had an opportunity to present his case, we believe we should have a reasonable time to review their findings and offer information that could help complete the picture," the statement said. "It is our firm belief that the (Freeh) report would be stronger and more credible if we were simply given a chance to review the findings concerning Joe Paterno in order to present a case he was never allowed to make."
On Thursday Bob Williams, vice president of communications for the NCAA, issued a statement that said: "Like everyone else, we are reviewing the final report for the first time today. As President Emmert wrote in his November 17th letter to Penn State President Rodney Erickson and reiterated this week, the university has four key questions, concerning compliance with institutional control and ethics policies, to which it now needs to respond. Penn State's response to the letter will inform our next steps, including whether or not to take further action. We expect Penn State's continued cooperation in our examination of these issues."
Freeh said Penn State "failed to implement" the provision of a 1990 federal law that requires the collecting and reporting of the crimes such as Sandusky committed on campus in 2001.
The U.S. Department of Education launched a review late November to examine whether Penn State violated federal reporting and response requirements related to crimes committed on campus. Since then, Pent has hired an official to coordinate and oversee programs that ensure overall compliance.
On Wednesday Education Department Press Secretary Justin Hamilton declined to address the report but he said the department will "work with all relevant campus officials and law enforcement personnel to determine whether or not there was a violation of the Clery Act. Beyond that, our investigation is ongoing and we have no more information to add at this time."
Beyond the potential legal and personal ramifications, the Freeh report also could represent more financial liability for the university which is bracing for a wave of civil lawsuits from attorneys representing Sandusky's eight known victims who testified at the former coach's trial.
Immediately following the Sandusky guilty verdicts, Penn State issued a statement indicating its willingness to provide compensation for the victims. But attorneys representing at least two of the victims said they were planning legal action, regardless, but only after reviewing the Freeh report.
"The moment the verdict was announced against Sandusky, the landscape of this scandal shifted toward a new focus on Penn State," said attorney Tom Kline, who represents one of Sandusky's victims.
"There is no doubt that we are going to file a claim against Penn State," Kline said. "Jerry Sandusky may have been the perpetrator, but Penn State was his enabler."
Wes Oliver, a Widener University law professor who has been closely monitoring the case, said it is in Penn State's "best interest to attempt to resolve the lingering matters quickly."
"The verdicts were so overwhelming against Sandusky," Oliver said, "that it suggests there shouldn't have been any doubt early on" that Sandusky represented a threat to children.
"It could take years to resolve these claims, but it is in everyone's best interest to settle these differences quickly," he said.
Project Willow wrote:And another. I have not read either of these last two, just passing along the links and information.
http://web.me.com/katecollier/Stillness/Welcome.htmlIn the Stillness:
A Spiritual Response to Ritual Abuse
In the Stillness: A Spiritual Response to Ritual Abuse follows the life of educator Barbara B. in her recovery from ritual abuse torture. Born into a family that practiced satanism, torture, and sacrificial ritual, Barbara’s story illustrates four aspects of ritual abuse: the practice of mind control in ritual families, ritual desecration, the hardship and peril of escape, and the lasting impact of sexual exploitation. Barbara’s recovery as an adult shows how each aspect of the evil was answered by and, ultimately, rendered ineffective through spirituality. Barbara shares what she did to achieve mental and physical wellness, spiritual strength, a productive career, and a satisfying personal life. In the Stillness: A Spiritual Response to Ritual Abuse offers hope to other survivors.
About the author: Cath C. has been a member of Twelve Step programs for 22 years, where she met Barbara B., the subject of this book. The two maintained a close friendship for 17 years until Barbara’s death. A professor of educational technology, Cath enjoys all things Irish. Send comments via email to CathC.
Penn St. leaders passed on reform
In November 2004, four of Penn State's leaders, including then-president Graham Spanier, sat down at Joe Paterno's kitchen table on a Sunday morning. The men asked the iconic coach to retire. Paterno said no, and that was that.
That same month, seven members of Penn State's board of trustees proposed sweeping reforms that would have strengthened the board's oversight power of Spanier and other campus leaders, including Paterno, according to documents obtained this week by "Outside the Lines." The group told the full board, "Decisions scrutinized with the benefit of hindsight need to withstand the test of being informed decisions."
But the board never took a vote on the proposal. Spanier and then-board chairwoman Cynthia Baldwin considered the reforms -- and, just as Paterno had done, said no, three current trustees say.
The revelation comes to light five days after former FBI director Louis Freeh's firm released its school-sanctioned report on what the university did to protect children in the wake of the arrest of former defensive coordinator Jerry Sandusky and the board's Nov. 9 firing of Paterno and Spanier. The report, which blasted the board for poor governance and a failure of leadership, has led some trustees to say they now regret the good-governance proposal never was put to a full vote by the board's 32 members eight years ago.
Joel Myers, a longtime trustee, said the Freeh investigators told him that if the good-governance proposal had been adopted by the board back in 2004, "This (crisis) could have been avoided."
The 2004 proposals are eerily prescient considering how the trustees, according to the Freeh report, were left in the dark by Spanier, Baldwin and trustee Steve Garban as the Sandusky criminal investigation escalated in 2011. If the proposals had passed, the trustees say the measures might have made a difference in the way the board had responded to the Sandusky matter.
Two trustees said Freeh's investigators had asked them and other trustees about the 2004 good-governance proposal and appeared determined to find out why it had not been adopted. One trustee also said Freeh's investigators told them they had obtained emails between Spanier and Baldwin and others discussing the merits of the trustees' proposal. The trustee also said Freeh's investigators said that the emails showed "Spanier and Baldwin put a stop" to the good-governance proposal. "They didn't want the added scrutiny," the trustee said.
"It was a big, missed opportunity," said Al Clemens, another longtime trustee. "Back in 2004, we just knew there wasn't enough accountability, and it seemed like a reasonable step to try to protect the university. It seemed like the right thing to do."
Penn State Joel Myers, a longtime trustee, said the Freeh investigators told him that if the good-governance proposal had been adopted by the board back in 2004, "This (crisis) could have been avoided."
After the good-governance proposal was discussed in a private board session in 2004, at least four young boys were sexually abused by Sandusky. Two trustees who spoke on condition of anonymity said they fear the board's failure to adopt the good-governance proposal will be used by victims' lawyers in the negligence lawsuits against Penn State.
"This could increase our liability," a current trustee said, "possibly by millions."
Yet there is no mention in the Freeh report of the trustees' failed good-governance proposal or the Spanier and Baldwin emails. A spokesman for the Freeh Group declined to comment.
The board's failure to improve its good-governance practices is a curious omission from the Freeh report, which made the trustees' governance failure a main focus of its findings.
The report blames the trustees for weaknesses in the university's "culture, governance, administration, compliance policies and procedures for protecting children." In particular, Freeh's investigators criticize Penn State's failure to abide by the Clery Act, the 1990 federal law that requires college administrators to report potential crimes on campus to law enforcement authorities. The law is named after Jeanne Clery, a Lehigh University student murdered in her dorm room in 1986.
In particular, the Freeh report concludes the trustees had abdicated many of their leadership responsibilities to administrators, especially Spanier and Paterno. And repeatedly, the report criticizes the lack of transparency at the top of Penn State.
"The board's over-confidence in Spanier's abilities, and its failure to conduct oversight and responsible inquiry of Spanier and senior university officials, hindered the board's ability to deal with the most profound crisis ever confronted by the University," the report states.
At last week's board of trustees meeting, trustee Ken Frazier said his colleagues on the board were "deeply ashamed" by the findings in the Freeh report. The trustees and current university president, Rodney Erickson, have pledged to adapt some, if not all, of the recommendations made by the Freeh Group. Alumni groups have called for the resignations of some or all of the trustees, and several trustees confronted Garban, the ex-chairman, at last week's meeting and urged him to quit.
No trustee has resigned.
Spanier declined to comment for this story, a spokesman said.
Charles De Monaco, Baldwin's attorney, released a statement Tuesday afternoon, saying she took the "issues raised in the memo very seriously" and sought counsel from the Association of Governing Boards of Colleges and Universities to address the board. De Monaco said an attorney recommended by that group addressed the board about "governance best practices."
He said the board made changes over the next three years of Baldwin's tenure as chairwoman and beyond: "Ms. Baldwin, as chair, did not in any way interfere with the board's consideration of the issues raised in the Nov. 9, 2004 memorandum," De Monaco said. "To the contrary, Ms. Baldwin was instrumental in facilitating a full discussion of those issues. In addition, she continued to consult with the AGB for guidance."
Myers, one of the trustees, "vaguely" recalled attending such a seminar, but Clemens said he could not remember it.
"More importantly, we didn't make any changes that we needed," Clemens said.
Myers said a few "small changes" were made in governance over the next few years, but he said he could not recall them.
De Monaco referred a reporter to the board secretary for details of the governance changes that he described. The secretary did not return calls.
Penn State spokesman David La Torre said Tuesday that "memos written for the board do not require a board vote." He said the minutes of the Nov. 18, 2004, board meeting do not show this issue was discussed during the public session; he declined to comment whether it was discussed in a private session.
Among Penn State's current 32-member board are leaders of corporations, including leaders of Merck and the Bank of New York Mellon Corporation, alumni, Pennsylvania residents and appointees of the governor. Pennsylvania Gov. Tom Corbett, who is mentioned sparingly in the Freeh report, is also a trustee.
In 2004, a group of trustees became concerned the board was nothing more than a group that rubber-stamped decisions made by Spanier and his lieutenants, three trustees said. They became concerned that Spanier appeared to be keeping them in the dark on important matters, they said.
Several new trustees who joined the board back then also became alarmed that there was not a subcommittee to deal with financial matters. In March 2004, the board approved an audit subcommittee.
In corporate boardrooms, Sarbanes-Oxley, the 2002 federal law setting enhanced standards for public company boards and public accounting firms, also had non-corporate institutions reconsidering best practices. Penn State is a $6.5 billion not-for-profit corporation with a $1.8 billion endowment and an enrollment of 96,000 students.
Governance procedures had last been amended by Penn State on January 19, 1996, the trustees in 2004 had discovered. And that fall, the trustees consulted with an outside law firm in Philadelphia to bring sweeping changes to the responsibilities and operations of the board of trustees.
When making its proposal during a private session at the Nov. 18, 2004 meeting, the small group of trustees said, "Our goal is to be certain that we as trustees are fulfilling our fiduciary duties in a meaningful way and that when we are requested to consider matters of importance, we are following a process which is exemplary and also consistent with all legal requirements and 'best practices,' " a memo of talking points shows. "This will enable the trustees to act in the best interest of the university, the administration and the various constituencies we represent."
The trustees proposed an improved environment for "informed" decisions, saying "the adequacy of information for board meetings needs to be reviewed and such information needs to be provided with sufficient advanced timing to allow trustees and the board as a unit, to meet its due diligence and fiduciary duty requirements before voting."
They also said to improve compliance "in an era of heightened scrutiny, boards are employing independent outside legal counsel as advisors. Such counsel should work with university counsel to create an environment that both facilitates and protects the governing body and the administration."
The trustees also proposed a number of significant changes to the university's by-laws, giving the board ultimate authority for personnel decisions, which had previously been the decision only of the president. These amendments were also not voted on by the full board.
Clemens is "deeply hurt" that it didn't go forward.
"I was disappointed it never went anywhere, and we didn't do anything to improve the accountability of everyone," he said. "That's the important thing. We didn't get an outside attorney with governance experience. That's what we were trying to do, and it didn't happen."
According to the Freeh report, the Pennsylvania attorney general's office told then-university counsel Baldwin on Dec. 28, 2010, that Paterno, athletics director Tim Curley and vice president Gary Schultz would be subpoenaed to testify before the Sandusky grand jury. Baldwin did not seek outside counsel's advice.
The Freeh report found that Spanier and Baldwin dealt with the escalating Sandusky crisis throughout 2011 with no outside advice from lawyers with experience dealing with grand jury investigations. Spanier and Baldwin also failed to seek the full advice of the board on how to handle the crisis.
This failure was noted by the Freeh Group, which referred to the administrators' "over-emphasis on 'The Penn State Way.' " As defined by Freeh, "The Penn State Way" is "an approach to decision-making, a resistance to seeking outside perspectives, and an excessive focus on athletics that can, if not recognized, negatively impact the university's reputation as a progressive institution."
Baldwin and Spanier representatives have both said the Freeh report contains many errors, though no specifics have been provided.
Maribeth Schmidt of the alumni group Penn Staters for Responsible Stewardship said the board's inaction and the omission of the failed good-governance proposal in the Freeh report are disturbing.
"This new development certainly raises additional questions about the integrity of the Freeh report and further demonstrates that its objectivity is severely in question," she said in a statement. "The members of Penn Staters for Responsible Stewardship would certainly expect that any misstep by the board -- especially one this significant -- which occurred in the years included in the Freeh investigation would have been documented and reported in its entirety."
The closest Freeh's investigators come to mentioning the board's evolving governance procedures can be found in the fine print, in footnote 557: "See Standing Orders of the Penn State board of trustees, Order IX. This statement on the general policies of the board of trustees was initially set forth and approved by the board on June 11, 1970 and amended from time to time, the most recent being January 19, 1996."
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