How will the BOT respond to the Freeh Report recommendations?

[ynotdivein]

This is :cow: based on 10+ years working with and on boards of for- and non-profits... I believe boards are best when they are not comprised largely of "insiders" to an organization or even an industry, but rather are made up of people who have an interest in the org or industry and who bring a strong CV of external activities and enterprises to the table.

If you're making Purple Widgets, you want your board to include someone who's had a successful leadership role in a company that made Purple Doohickeys; someone who's had a successful leadership role in a company that made Green Widgets; someone who's experienced in marketing Thingamabobs; someone who's got a background in financial management in the Whatsamadoodle field; probably a member who is a consumer of Purple Widgets or at least Whatsamadoodles; etc. All these people must understand that their 30,000- or 50,000-foot overview of the Purple Widget Group sets the tone for the entire organization, based on its mission and values.

And while ideally all board members will be strong, ethical, and inclusive managers and directors of people, the President and Treasurer both must embody these characteristics 100%.

:twocents:

 

[J. J. in Phila]

Ynotdivein, I think you are basically correct.

You also want people that bring outside experience to a board, a good mix. You also want people with experience in oversight. Part of that is asking questions, both on and off the record.

 

[ynotdivein]

Totally agree. Got too tangled up in the Doohickeys and Widgets up there, but you said in two lines what I meant. You want folks with a broad spectrum of expertise, with eyes to spot the things that "insiders" in any organization get numb to, and with the willingness and ability to ask the right questions.

And people who are not afraid of the answers they might receive to those questions, even if they are unpleasant answers.

 

[Reader]

From the BOT site:


The consent decree

http://s3.amazonaws.com/ncaa/files/20120723/21207236PDF.pdf



Varsity coaches issue statements on NCAA penalties

http://live.psu.edu/story/60489#rss30

 

[LNL]

Penn State's Freeh report on Sandusky case updated to correct errors

In two instances, the original report stated that former athletic director Tim Curley -- charged with perjury and failure to report -- met with Sandusky in 1998, when the former assistant coach was still employed and was under investigation by campus police.

That actually happened in 2001, three years later, when a second report was made after Sandusky retired. Authorities weren't called in that case, and that's the reason Curley and vice president Gary Schultz are charged.

An email in the report showing correspondence between Schultz and university counsel Wendell Courtney was also corrected.



http://www.pennlive.com/midstate/index.ssf/2012/07/penn_state_freeh_report_update.html

 

[StellarsJay]

Ganim says:
Originally, the Freeh report printed this was the exchange: "Courtney emails Schultz a newspaper story about the Sandusky charges. Schultz replies: “I was never aware that ‘Penn State police investigated inappropriate touching in a shower’ in 1998.”

The corrected exchange: "Courtney emails Schultz a newspaper story about the Sandusky charges and states: “I was never aware that ‘Penn State police investigated inappropriate touching in a shower’ in 1998.”

But Courtney was placed in the middle of 1998 by Schultz' testimony to the Grand Jury.

This article is a lengthy rant including exhibits:
http://www.sportsbybrooks.com/tag/dan_bright:

Saying,
Of Penn State University Police Detective Schreffler’s decision to close the 1998 case in which Sandusky admitted to him he “bear hugged” a child while showering with the boy because there was “nothing to it“, Penn State Senior V.P. Gary Schultz told the Center County Grand Jury:

… the 1998 incident was reviewed by the University Police and “the child protection agency” with the blessing of then-University counsel Wendell Courtney. Courtney was then and remains counsel for The Second Mile.

Courtney resigned as counsel of The Second Mile on Monday and was replaced in that capacity by Penn State in 2010.

While Courtney’s lack of action as it pertains to Sandusky’s future conduct imperiled the lives of countless children in future years, Courtney’s similar do-nothing stance at a Sept. 21, 2001, Penn State Board of Trustees meeting set the stage for the school to facilitate - literally - Sandusky preying on children in a more discreet and insidious way.

On Sept. 21, 2001, the Penn State Board of Trustees, with Courtney in attendance, decided to sell a 40 acre parcel of land to Sandusky’s Second Mile charity. On the same day, the transaction was announced to the public on Penn State’s official website:

What Schulz told the Grand Jury
From transcript: http://www.dauphincounty.org/_files/3193.pdf Page 217
Schultz said“between the police chief, the district attorney, and perhaps the university legal counsel and myself, the decision was made to use the child protection agency as the appropriate investigative agency.” Scultz identifies the University counsel as Courtney.

Deadspin says, “PSU's outside general counsel, Wendell Courtney, reviewed that police report on behalf of the school before submitting it to the Centre Country District Attorney.”

Fox News says, Wendell Courtney, Penn State's general counsel, reviewed that report on behalf of the university before submitting it to then-Centre County District Attorney Ray Gricar.
http://www.foxnews.com/us/2011/11/1...ania-charity-learned-allegations-tax-records/

But I can’t find the deeper source for the reports that Courtney reviewed the police report.

 

[J. J. in Phila]

There is no suggestion that Courntey was involved in 1998 in the e-mails, at least I don't think so. Further, the DA's Office should have had access to the police report directly and Gricar did talk directly with Schreffler.

Schultz's testimony was not definitive on if he talked with Courtney in 1998 about Victim 6. He used the word "perhaps."

 

[J. J. in Phila]

Fox News says, Wendell Courtney, Penn State's general counsel, reviewed that report on behalf of the university before submitting it to then-Centre County District Attorney Ray Gricar.
http://www.foxnews.com/us/2011/11/1...ania-charity-learned-allegations-tax-records/

But I can’t find the deeper source for the reports that Courtney reviewed the police report.

The Grand Jury presentment doesn't say that. It says Shultz testified that the Univ. Police and a "child protective agency" investigated in 1998, "with the blessing of then-University counsel, Wendell Courtney." Page 9.

Page 10 said that Schultz never reviewed the 1998 report, and that, "Nobody at the University did so." They may, however, be referring to if it was reviewed in 2001.

 

[Reader]

I am in agreement. Garban did two things:

A. Fail to inform the Board as a whole.

B. Fail to adequately respond to an individual question from an unknown (currently) board member on the issue.

The problem is, the Board does not directly have the power to remove him. Statute permits the people who elected him to remove him, but I think that the alumni. http://law.onecle.com/pennsylvania/corporations-and-unincorporated-associations/00.057.026.000.html

The Board would basically have to adopt a rule or bylaw for handling removal by the alumni, which they could do. Their charter/bylaws are here:

http://www.psu.edu/trustees/charter.html

The interesting thing is that, if they do that, not only would I get to vote on the removal, but so would Jerry and Dottie Sandusky.

I know this is N/A now but:

On the BBM, I didn't think Dottie went to PSU? Can she vote just because she is married to JS, who did?

And if he can vote, then they need to make a bylaw that prohibits criminals from voting!

 

[J. J. in Phila]

[/B]

I know this is N/A now but:

On the BBM, I didn't think Dottie went to PSU? Can she vote just because she is married to JS, who did?

And if he can vote, then they need to make a bylaw that prohibits criminals from voting!

First, she is a graduate and, IIRC, a member of the Alumni Association.

I would oppose the bylaw change, and I am a member of a group that has a member in good standing who is on death row in Florida. Basically, the standard for voting for alumni members is being a graduate and either:

A. Being a member of the Alumni Association.

B. Contributing recently to the University.

 

[Reader]

Auditor General calls for changes on penn state board

http://triblive.com/news/2279574-74...wagner-trustees-group-corbett-governor-member

A Penn State alumni group joined state Auditor General Jack Wagner’s calls for changes in the composition of the university’s board of trustees.

Wagner on Thursday called on lawmakers to bar the Penn State president from sitting on the board and to make the governor a non-voting member of the board. Wagner said the changes are needed to alleviate concerns about potential conflicts.


More at link....

 

[Reader]

Chip Minemyer | Erickson showed courage in face of death penalty, criticism

Chip Minemyer is the executive editor of the Centre Daily Times.

.............It’s hard to imagine the pressure of that moment, when the Penn State president put pen to paper and chose the challenging road Penn State is now on over what he believed was the deeper darkness of a multi-year football death penalty.

In the years ahead, we will look back on this troubling time and realize that there were heroes in the midst of the storm, individuals who risked ridicule and heartbreak for the greater good.

I expect Rodney Erickson will be one of those heroes.

Read more here: http://www.centredaily.com/2012/07/...urage-in-face.html#wgt=rcntnews#storylink=cpy

 

[BigCat]

Erickson was on Face the Nation this morning. I thought he did about as well as could be expected. I don't know how long the video will be up, but here's the link.

http://www.cbsnews.com/face-the-nation/

A couple of interesting comments from the panel discussion:

1. Sara Ganim said that local reporters jokingly refer to Penn State as "the Kremlin." The desire for secrecy and control are at the heart of this scandal.

2. Buzz Bissinger asked did Corbett slow play the investigation until he was elected in order not to alienate Penn State football fans. Smart move, if he did, because they absolutely HATE him now.

 

[Rlaub44]

President Erickson wrote a piece for the Washington Post, which was reprinted in the Centre Daily Times. It deals with PSU's plans moving forward.

http://www.centredaily.com/2012/07/30/3278511/planning-the-way-forward-for-penn.html

 

[Reader]

Conklin bill to reform Penn State University's Board of Trustees

State Rep. Scott Conklin, D-Rush Township, announced plans Friday to introduce legislation which would significantly alter the structure and governance of Penn State's board of trustees.............

Conklin said his legislative reform was prompted by recommendations issued by state Auditor General Jack Wagner ............

Conklin’s reforms would include, but not be limited to:

• Amending Penn State’s enabling statute to remove the president of the university as an ex-officio voting member of the board;.............

• Making the Right-To-Know Law applicable to all four state-related universities.

Read more here: http://www.centredaily.com/2012/07/...rm-penn-state.html#wgt=rcntnews#storylink=cpy

 

[Reader]

President Erickson wrote a piece for the Washington Post, which was reprinted in the Centre Daily Times. It deals with PSU's plans moving forward.

http://www.centredaily.com/2012/07/30/3278511/planning-the-way-forward-for-penn.html

I appreciate this part of Erickson's article:

With this penalty, it is true that all of us in some way now shoulder the burden for the wrongdoings of others. Students, faculty, staff and alumni who had no involvement, or even knowledge of who Jerry Sandusky was, now share in the responsibility of leaders who failed. To many, it is simply unfair.

I think, however, that acceptance of this responsibility will be essential to our ability to lay a new foundation and integral to the long-term character of our institution. In the face of this adversity, I am proud of the many students, faculty and alumni who have banded together with grace, humility and determination.

In a larger sense, the past year’s events have brought into focus the pain experienced by victims as well as the insidious crime of child sexual abuse. We owe it to them, and it is our social responsibility, to make the prevention of child sexual abuse a part of our university’s mission of teaching, research and service.

I think this is part of what McGregor was trying to say in his article in the NCAA thread...some acknowledgement by the university of the pain of the victims and emphasizing what an education and the university is all about.

Erickson is a good leader and seems to 'get it'. I really wish he had had the strength and backing to shut down the football program for at least 2 years to emphasize this lesson of how its leaders had taken over the school and caused the corruption of its ideals.

 

[Reader]

Penn State Scandal: Despite Erickson's Claims, Lawsuit Insurance Not a Given

http://bleacherreport.com/articles/...ricksons-claims-lawsuit-insurance-not-a-given

........Thus, Penn State's going to try to settle out of court as much as possible (which makes sense for all parties involved). PSU president Rodney Erickson understands that the school is prepared for just this type of situation. Per the New York Daily News:

Erickson told CBS's Face the Nation Sunday that Penn State has general liability coverage like any state university of its size............

[BUT]

Penn State's general liability insurer sought last week to deny or limit coverage for Sandusky-related claims. Pennsylvania Manufacturers' Association Insurance argued that Penn State withheld key information needed to assess risk, at least after school officials investigated a May 1998 complaint that Sandusky had inappropriately showered with a boy on campus.

In a memo filed in court in Philadelphia, the company argued that Penn State failed to disclose that it had information about Sandusky that "was material to the insurable risk assumed by PMA."

The company also argued that its policies after March 1, 1992, were amended to exclude "abuse or molestation" and that coverage for such behavior is excluded as a matter of public policy in Pennsylvania.

If the coverage is denied outright, that would be a complete disaster for Penn State. We're looking at lawsuits that could top $100 million, according to the Daily News. Penn State's endowment is over $1.8 billion, but that's not money that Penn State can just spend. Endowments don't work that way.

What's more likely is that there'll be limitations on what PMA offers, and there's really no telling what that limitation will be. Obviously, Penn State will try to make it as high as possible, and PMA will try to make it as low as possible.

More at link....

 

[Reader]

Aug 09, 2012

Trustees to hold special meeting on NCAA consent decree

The Penn State Board of Trustees will hold a special meeting via conference call at 5 p.m. Sunday, Aug. 12. The sole purpose of the special meeting is for the trustees to consider ratification of the binding consent decree imposed by the NCAA and accepted by the University. The public can listen to the meeting at the following web site online: WPSU.org/live.


More at link....

 

[BigCat]

Penn State trustees voice support for NCAA action

Read more: http://www.seattlepi.com/sports/art...ort-for-NCAA-action-3782393.php#ixzz23NgjdXuh

 

[Reader]

A couple of trustees tried to disrupt the proceedings but failed:

http://www.blackshoediaries.com/201...es-consent-decree-ncaa-freeh-report#storyjump

BOT Supports Erickson And Moving Forward, Some Still Question NCAA

.......The meeting almost didn't get started as both Trustees Joel Myers and Anthony Lubrano asked for the meeting to be adjourned due to possible violation of the Sunshine Act which states that notice of meetings must be given 10 days ahead of a scheduled meeting time. Since Chairwoman Karen Peetz said no motions or votes were being taken during the call, she ignored the motion for adjournment and began the meeting...........

Lastly, Erickson did allude to a conversation with football coach Bill O'Brien where BOB simply asked for the team to be able to play and for them to be able to play on television.

University counsel Steve Dunham then come on the line to say that university papers state the Erickson was well within his rights to sign the consent decree on behalf of Penn State without full Board approval. After a further discussion on what due process means (check @LC_Nichols for some good tweets on this), Trustee Ken Frazier, who commissioned the Freeh committee, spoke after, summing up his statements by saying, "The Board of Trustees accepts full responsibility for the failures that occurred, period."

Each individual trustee then provided a brief statement before the call ended. A majority threw the support behind Erickson and said that the university now needs to move on and face these sanctions head-on..............

Onward State@OnwardState

Pres Erickson "Challenging the sanctions would have shown the world that Penn State's main concern is football....I stand by that decision."
12 Aug 12

--------

Penn State Trustee Anthony Lubrano Rants About NCAA Sanctions

http://pittsburgh.sbnation.com/2012...ee-anthony-lubrano-ncaa-sanctions-joe-paterno