Joe Paterno: A Legacy Tarnished

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It should come as no surprise that the sex abuse scandal at Penn State University is dominating the national spotlight. This story is stealing headlines, in part, because this unfathomable act of pure evil has seemingly infiltrated something our nation once viewed as the ultimate example of integrity and innocence--sports. While a sports team and its coaches are the focus, this crisis presents a moral dilemma that challenges even the most casual sports fan. These events have also forced us to re-evaluate the standards of responsibility that our society should expect from its citizens and have shattered the notion that so long as an individual adheres to a strict interpretation of the law, he should be free of guilt. We are now confronted with the reality that adherence to the bear minimum of the law may not be enough to fully satisfy one’s civic duty. While failing to act beyond the reach of the law may not be an act punishable in a court of law, this case has amply demonstrated that an individual may still be held accountable in the court of public opinion. The speed at which Joe Paterno lost his once untouchable position as head coach of Penn State’s Football Team is a testament to this fact.

*Joe Paterno’s role in the Jerry Sandusky episode reaches back to a reported incident that took place in 2002. At that time, Sandusky was employed as Defensive Coordinator of the Penn State men’s football team under Head Coach, Joe Paterno. On March 1, 2002, a graduate student, Mike McQueary, entered the team’s locker room and witnessed Sandusky raping a boy who, at the time, McQueary estimated to be 10 years old. The next day, a distraught McQueary visited Paterno at his home and divulged what he had seen. Paterno then relayed this shocking information to his superior, Athletic Director, Tim Curley. Later in the month, Curley held a meeting with McQueary and the University's Senior Vice President for Finance and Business, Gary Schultz, to question McQueary about what he had witnessed. The meeting concluded with Schultz and Curley stating that they would investigate the events further and take appropriate action. On March 27, 2002, Curley called McQueary to advise him that Sandusky’s locker room keys had been confiscated and that the incident has been reported to The Second Mile, the foster home Sandusky had founded. McQueary was neither questioned by University police nor did any of her group inside or outside of the University discuss the matter with him further until McQueary testified in a December 2010 grand jury hearing. Paterno was had no other involvement in the case until he was called to testify before the grand jury in March of 2011.*

It is clear from this series of events that Paterno’s participation was limited to reporting to his superior, Tim Curley, the incident that was communicated to him by McQueary. While facts remain to be revealed, it appears that Paterno took no additional steps to insure that Penn State was taking appropriate action to address this situation. Between this incident and the spring of 2008 when another victim’s mother reported Sandusky, nothing more was done to prevent Sandusky (pictured left) from continuing his nefarious actions. Worst of all, Sandusky

continued to have access to the Penn State campus and the team’s facilities and, in fact, was even permitted to continue to maintain an office there. Two days after Sandusky was arrested on November 5, 2011, Pennsylvania Attorney General, Linda Kelly, said Paterno would not be a target of the investigation into how the University handled the accusations of child abuse. Although, at least for now, Paterno has avoided legal prosecution, it is clear that society is not ready to completely relieve him of responsibility for these events.

On November 9, 2011, news outlets around the country went viral with reports that Joe Paterno would be fired from his position as head coach of Penn State’s Football Team. Paterno is the longest reining head coach in NCAA Football and has been a fixture at Penn State for more than six decades. His 409 victories rank higher than any other coach in NCAA Football. “JoePa” has done it all, winning two national championships and twenty-four bowl games. He remains one of the most iconic sports figure for not only his ability on the field, but also for all that he contributed to Penn State University over the years. Ultimately, however, his ousting is not due to something he did, but rather something he did not do. It is this sin of omission that has Paterno feeling such great remorse and is what prompts discussion about his poor handling of these tragic events.

It is plain for all to see that by simply following the law and reporting the incident to his superior, Paterno was not doing all that he morally should have. While we hope that a governing system of law reflects all that society holds morally dear to it, Paterno’s actions suggest otherwise. By only reporting Sandusky’s activities to his chain of command, Paterno was released of all legal liability. Nevertheless, it is apparent that by simply communicating Sandusky’s alleged crimes, Paterno had not done enough to completely take the many victims in this case out of harms way. Thus, this situation presents a conflict between morality and law, where the law did not prescribe a morally correct standard for holding those involved in these horrible offenses responsible. Paterno himself admitted that he needed to act beyond merely communicating what McQueary had observed. “It is one of the great sorrows of my life. With the benefit of hindsight, I wish I had done more," Paterno stated.

For now, Paterno has avoided any legal prosecution, although he could still be charged with perjury, obstruction of justice, violating the state's Child Protective Services law and even be subject to possible civil suits from the victims’ families. Joe Paterno has always been revered as a college football head coach who did the right thing. Unlike many other coaches, his record of NCAA violations remains spotless and he always ensured that his players graduated at high rates. Although Paterno has always been characterized by laudable qualities like charity and public good, this tragedy, in which Paterno clearly failed to meet his moral duty, will always remain as an indelible stain on an otherwise sterling reputation.

*Please see the Grand Jury Report for a complete account of the events that transpired