Social & economic costs

Attorney says settlement talks close to deal in PSU civil suits

http://www.mcall.com/news/nationwor...sandusky-settlements-20130111,0,5521905.story

.............As the sides wait — probably for weeks — for Judge John Cleland to rule, civil attorneys for Victim 5 and at least 19 other men will continue to talk settlements with Penn State...............

"Where we are now is what I would call the brass-tacks part of negotiations," Kline told reporters and camera crews.

"Phase 1 was fact-gathering," he said. "Negotiators from Penn State looked to determine facts — were these young men injured, was it on Penn State property, was it before or after the now infamous [Mike] McQueary incident?

"That's done," he continued. "We're now getting to the point where we are actually talking about money and talking about whether the case is going to be resolved."

More at link...........
 
Victim 6 sues Penn State, Sandusky, his charity

http://www.centurylink.net/news/rea...ass&action=3&lang=en&_LT=UNLC_SHNWU00L3_UNEWS

HARRISBURG, Pa. (AP) — A young man who testified at a child sex abuse trial last summer that former Penn State assistant football coach Jerry Sandusky tickled and grabbed him in a campus shower in 1998 sued him, his charity and the university on Tuesday.

The man, previously described as Victim 6 in court papers, filed the federal lawsuit in Philadelphia as John Doe 6, claiming that Sandusky's behavior was "ratified" by The Second Mile charity and Penn State and that the organizations acted with reckless indifference to his rights. He is seeking at least $75,000 in damages...............

It claims Penn State and The Second Mile "turned a blind eye to Sandusky's sexual exploitation" of children and "fostered a culture and/or code of silence" that kept abuse allegations from being reported.......more at link......
 
Victim 6 sues Penn State, Sandusky, his charity

http://www.centurylink.net/news/rea...ass&action=3&lang=en&_LT=UNLC_SHNWU00L3_UNEWS

HARRISBURG, Pa. (AP) — A young man who testified at a child sex abuse trial last summer that former Penn State assistant football coach Jerry Sandusky tickled and grabbed him in a campus shower in 1998 sued him, his charity and the university on Tuesday.

The man, previously described as Victim 6 in court papers, filed the federal lawsuit in Philadelphia as John Doe 6, claiming that Sandusky's behavior was "ratified" by The Second Mile charity and Penn State and that the organizations acted with reckless indifference to his rights. He is seeking at least $75,000 in damages...............

It claims Penn State and The Second Mile "turned a blind eye to Sandusky's sexual exploitation" of children and "fostered a culture and/or code of silence" that kept abuse allegations from being reported.......more at link......

I worry that victim 6 will have the hardest time proving that PSU or the Second Mile were responsible, because his case is the only one until Aaron Fisher's that was investigated (and cleared) by LE, the DA, and DPW.

From what we have learned, Penn State cooperated and the Second Mile was apparently not even notified, despite Lauro's obligation to do so and develop a safety plan with the organization.

The good thing about this suit is that it may uncover answers to many of our questions about the 98 investigation, and if the later meeting with Ganter is relevant, it should come to light through this process.
 
Alleged Sandusky victim's video to be shared with Penn State

http://www.pennlive.com/midstate/index.ssf/2013/01/alleged_sandusky_victims_video.html

WILLIAMSPORT — A lawyer for one of Jerry Sandusky’s alleged sexual abuse victims has made what he claims is a documentary about his client and how he believes Penn State controlled the situation.

Clifford A. Rieders said Friday he expects to share the nearly hour-long professionally produced video with Penn State lawyers next week during settlement talks and then decide whether to make it public..............

Rieders said viewers should conclude that football was king at Penn State and top administrators engaged in a cover up. ............

His client’s lawsuit, filed in Philadelphia, is among those stayed by court order pending the outcome of criminal cases involving former Penn State President Graham Spanier, former senior vice president Gary Schultz and on-leave athletic director Tim Curley...........

More at link.....

***************

Comments from 'Erica' are interesting:

1/The first thing Paterno did when he found out he was going before a Grand Jury was not talk to any victim, but negotiated his exit from Penn State that year and to protect the money that would be given to him for his family and made changes in his estate to protect them in case of lawsuits from the victims.

If he knew he had to do that, he knew something that his family's posterity may be in endanger, so why did he cash in too??? .............

But when it came to be investigated even Paterno moved to protect his own money for his family and one must wonder why if he had not been implicated in knowing more than he told the Grand Jury.

2/You asked what NCAA rules were violated?:
When a Coach does not report to the Athletic director it is a NCAA Violation.

When a Coach makes sure that Penn State does not comply with the Clery Act Crime Requirements so his players can play, that is NCAA Violation along with a Title IX violation and both are cover by Unethical Practices under NCAA Rules.
Joe refused to follow the Clery Act or Title IX on his Players Arrests and Crimes because he needed them to play games he needed to win, and that is putting Football ahead of NCAA Rules.

When Penn State signed the Consent Decree they admitted they violated the NCAA rules, they violated NCAA rules, and accepted the sanctions and 5 year probation beyond the sanctions.
 
http://msn.foxsports.com/collegefootball/story/penn-state-jerry-sandusky-settlements-close-012513



Updated Jan 25, 2013 7:58 PM ET





HARRISBURG, Pa. (AP)

Penn State's negotiator for civil claims involving former assistant football coach Jerry Sandusky said Friday the school has been in talks with 28 people and settlement discussions with some claimants could soon produce results.






The number of claimants is 18 more than were involved in Sandusky's criminal case this summer, when eight young men testified they were assaulted by Sandusky. Prosecutors were not able to identify two victims.

Ken Feinberg told The Associated Press that the talks have gone well and he is hopeful they will yield settlements in the coming weeks.

No one has pulled out of the negotiations, and he said a realistic timetable for settlements is ''the near future. I think the process will be successful, yes I do.''

Harrisburg attorney Ben Andreozzi, who represents multiple claimants in the talks, said there was ''still some ground that needs to be made up.''

''I wouldn't say I'm quite as optimistic as he is,'' Andreozzi said. ''I do think it's been a positive process and both parties are acting in good faith so far. I would say I'm cautiously optimistic.''

Feinberg said the 28 claims are being handled on an accelerated basis now that the holidays are over.



''This is not a group settlement,'' he said. ''We're looking at each individual claim.''

Based on other cases, some of the factors that can go into putting a value on a child sexual abuse claim are the age of the victim, the length of time the child was abused, the types of acts involved, where they took place and evidence it has affected them.

Sandusky's November 2011 arrest immediately touched off a massive scandal that cost Hall of Fame coach Joe Paterno his job, as well as the university president. Former school President Graham Spanier and two other top administrators currently face charges they covered up allegations involving Sandusky to protect the university's reputation. They maintain their innocence.

Penn State announced in September it was bringing in Feinberg, who helped resolve claims from the Sept. 11 terror attacks, the BP oil spill in the Gulf of Mexico and the Virginia Tech massacre.

The university said after Sandusky's guilty verdict in June on 45 counts that it wanted to ''privately, expeditiously and fairly'' settle with victims of the former assistant football coach. In some cases, the victims have filed lawsuits.

Sandusky is serving a 30- to 60-year state prison sentence. Sandusky maintains he is innocent and is pursuing appeals. Most recently, he was in court for argument on post-sentencing motions, including a claim his lawyers lacked sufficient time to prepare for trial, and a ruling from the trial judge is pending.
 
Alleged Sandusky victim's video to be shared with Penn State

http://www.pennlive.com/midstate/index.ssf/2013/01/alleged_sandusky_victims_video.html

WILLIAMSPORT — A lawyer for one of Jerry Sandusky’s alleged sexual abuse victims has made what he claims is a documentary about his client and how he believes Penn State controlled the situation.

Clifford A. Rieders said Friday he expects to share the nearly hour-long professionally produced video with Penn State lawyers next week during settlement talks and then decide whether to make it public..............

Rieders said viewers should conclude that football was king at Penn State and top administrators engaged in a cover up. ............

His client’s lawsuit, filed in Philadelphia, is among those stayed by court order pending the outcome of criminal cases involving former Penn State President Graham Spanier, former senior vice president Gary Schultz and on-leave athletic director Tim Curley...........

More at link.....

***************

Comments from 'Erica' are interesting:

1/The first thing Paterno did when he found out he was going before a Grand Jury was not talk to any victim, but negotiated his exit from Penn State that year and to protect the money that would be given to him for his family and made changes in his estate to protect them in case of lawsuits from the victims.

If he knew he had to do that, he knew something that his family's posterity may be in endanger, so why did he cash in too??? .............

But when it came to be investigated even Paterno moved to protect his own money for his family and one must wonder why if he had not been implicated in knowing more than he told the Grand Jury.

2/You asked what NCAA rules were violated?:
When a Coach does not report to the Athletic director it is a NCAA Violation.

When a Coach makes sure that Penn State does not comply with the Clery Act Crime Requirements so his players can play, that is NCAA Violation along with a Title IX violation and both are cover by Unethical Practices under NCAA Rules.
Joe refused to follow the Clery Act or Title IX on his Players Arrests and Crimes because he needed them to play games he needed to win, and that is putting Football ahead of NCAA Rules.

When Penn State signed the Consent Decree they admitted they violated the NCAA rules, they violated NCAA rules, and accepted the sanctions and 5 year probation beyond the sanctions.

Comments from Erica are only interesting because they are completely untrue:

She claims Joe didn't report to the Athletic Director, and we know from Freeh, the GJ, and every other source that Paterno did meet with Tim Curley and report McQueary's allegation to him. Not sure where she came up with this.

Since when did Joe refuse to follow the Clery Act on "his Players Arrests and Crimes"? This is not the Triponey situation, which involved the coach wanting to handle internal discipline matters instead of Judicial Affairs; "Arrests and Crimes" involve police agencies, and there has been no speculated reports that Paterno ever withheld that information.

If she wants to pile on with Paterno's lack of follow-through with McQueary's report or his reported involvement with the cover-up, that is one thing, but making up new stories doesn't help anyone.
 
Comments from Erica are only interesting because they are completely untrue:

She claims Joe didn't report to the Athletic Director, and we know from Freeh, the GJ, and every other source that Paterno did meet with Tim Curley and report McQueary's allegation to him. Not sure where she came up with this.

Since when did Joe refuse to follow the Clery Act on "his Players Arrests and Crimes"? This is not the Triponey situation, which involved the coach wanting to handle internal discipline matters instead of Judicial Affairs; "Arrests and Crimes" involve police agencies, and there has been no speculated reports that Paterno ever withheld that information.

If she wants to pile on with Paterno's lack of follow-through with McQueary's report or his reported involvement with the cover-up, that is one thing, but making up new stories doesn't help anyone.

Well, we know that regarding #1, Paterno did take those protective actions and he was also the only one to get his own attorney, apparently wisely not trusting Spanier or Baldwin to protect him as Curley and Schultz did to their regret.

On #2, I don't think the poster was referring to Paterno reporting specifically about the McQueary incident. I was thinking it was a more general reference of not formally reporting criminal incidents his players were involved in to his Athletic Director, as required by NCAA rules and by the Clery Act, which we now know was not even functional at the time. Whether he was responsible for that lack or not, he surely knew these things were requirements of his job and they were not done.
 
Well, we know that regarding #1, Paterno did take those protective actions and he was also the only one to get his own attorney, apparently wisely not trusting Spanier or Baldwin to protect him as Curley and Schultz did to their regret.

On #2, I don't think the poster was referring to Paterno reporting specifically about the McQueary incident. I was thinking it was a more general reference of not formally reporting criminal incidents his players were involved in to his Athletic Director, as required by NCAA rules and by the Clery Act, which we now know was not even functional at the time. Whether he was responsible for that lack or not, he surely knew these things were requirements of his job and they were not done.


Bolded by me:

I'm not sure Reader. Without any other incidents referred to, we are to believe that "Erica" has super-secret information regarding PSU player crimes that were not brought to Curley's attention nor were included in Clery Act reporting statistics?

That is a bold charge without any documentation, and there have been no other reports of this that we know of, so Erica should either back up her allegations or withdraw them. Unless Erica is actually Vicki Triponey, I can't imagine what data she has that the rest of us aren't privy to.

As far as the Clery Act, crimes on campus have been reported over the years as required, although there have been some concerns that some years' numbers seemed low for a campus of Penn State's size. I don't think it is fair to say that the Clery Act wasn't functional. Sandusky's actions weren't reported because we know that the decision was wrongly made to not view those actions as criminal at the time, thus the stupidly "humane" response.

Remember, she is arguing for what NCAA violations occurred, but even the NCAA didn't outline any violations in their consent decree or subsequent press releases; therefore the argument about the NCAA stepping outside of their usual realm in dealing with criminal matters that weren't accompanied by NCAA Rules violations.
 
http://aol.sportingnews.com/ncaa-fo...jerry-sandusky-joe-paterno-graham-spanier-cle
"The university created an online reporting system for Clery Act crimes that same year. By 2011, just one report had been submitted. Broader campus training sessions and outreach efforts drew little participation, and the school's Clery Act policy remained in draft form in November—even as Spanier boasted to Freeh's investigators that Penn State was "big on compliance, more than other universities." The school has since hired a Clery Act compliance coordinator."
The new coordinator http://live.psu.edu/story/58968
It is difficult to assess as crimes committed may be different than crimes arrested/charged for and crimes convicted of. She may be referring to a perceived special treatment the football program receives. http://sportsillustrated.cnn.com/2011/writers/the_bonus/02/27/cfb.crime/index.html
Due to it's importance to the a large segment of the Pennsylvania population, some may feel they will be ostracized from their community if they speak up/out. Victim 1 comes to mind.
 
http://aol.sportingnews.com/ncaa-fo...jerry-sandusky-joe-paterno-graham-spanier-cle
"The university created an online reporting system for Clery Act crimes that same year. By 2011, just one report had been submitted. Broader campus training sessions and outreach efforts drew little participation, and the school's Clery Act policy remained in draft form in November—even as Spanier boasted to Freeh's investigators that Penn State was "big on compliance, more than other universities." The school has since hired a Clery Act compliance coordinator."
The new coordinator http://live.psu.edu/story/58968
It is difficult to assess as crimes committed may be different than crimes arrested/charged for and crimes convicted of. She may be referring to a perceived special treatment the football program receives. http://sportsillustrated.cnn.com/2011/writers/the_bonus/02/27/cfb.crime/index.html
Due to it's importance to the a large segment of the Pennsylvania population, some may feel they will be ostracized from their community if they speak up/out. Victim 1 comes to mind.

I should clarify here that the only one report must mean through the online system, not overall Clery Act crimes reported to the police. A full accounting of that data can be found on page 24 of this publication:
http://www.police.psu.edu/cleryact/documents/UniversityParkPolicySafetyU2012.pdf

Again, my concern with Erica's comments is simply that she is an anonymous poster on Pennlive's comments section, and she stated several clearly false "facts" in the remarks Reader shared here. Her comments carry no more weight than any of ours here at WS (and I would venture that many of us are far more informed about this case than she).

There is no way for us to confirm or refute her allegations about Paterno's "covering up" Clery Crimes; but being that she is the only source, I tend to be slightly skeptical.
 
Bolded by me:

I'm not sure Reader. Without any other incidents referred to, we are to believe that "Erica" has super-secret information regarding PSU player crimes that were not brought to Curley's attention nor were included in Clery Act reporting statistics?

That is a bold charge without any documentation, and there have been no other reports of this that we know of, so Erica should either back up her allegations or withdraw them. Unless Erica is actually Vicki Triponey, I can't imagine what data she has that the rest of us aren't privy to.

As far as the Clery Act, crimes on campus have been reported over the years as required, although there have been some concerns that some years' numbers seemed low for a campus of Penn State's size. I don't think it is fair to say that the Clery Act wasn't functional. Sandusky's actions weren't reported because we know that the decision was wrongly made to not view those actions as criminal at the time, thus the stupidly "humane" response.

Remember, she is arguing for what NCAA violations occurred, but even the NCAA didn't outline any violations in their consent decree or subsequent press releases; therefore the argument about the NCAA stepping outside of their usual realm in dealing with criminal matters that weren't accompanied by NCAA Rules violations.

I did term this Erica poster's statements as 'interesting' for discussion, not verifiable...and they are certainly interesting to me....I don't think anonymous posters can be required to withdraw their claims...if you find a way, please let us know....

Please also refer to Twindad's first link below, which has this statement, among others, about the lack of a functional Clery Act program at the school:

The university created an online reporting system for Clery Act crimes that same year [2007]. By 2011, just one report had been submitted. Broader campus training sessions and outreach efforts drew little participation, and the school's Clery Act policy remained in draft form in November—even as Spanier boasted to Freeh's investigators that Penn State was "big on compliance, more than other universities." The school has since hired a Clery Act compliance coordinator.

I personally don't call a draft form to be functional and Spanier IMO was lying as usual when he said the school was in compliance.....the same article shows that even the campus police tried to get the "university leaders to boost their Clery Act efforts" without success.

BBM....do you have the records of these previous years crimes that were reported thru the Clery Act? If so, can we have a list of them by year, what they were, and who they were committed by? TIA
ETA: thanks for the report that provides info beginning in 2009...do you have the figures back to 2001, TIA?


Of course, IMO again, there was no consideration to report either the 1998 incident [which was hidden even by the campus police as an administrative thingee] or the 2001 incident, as per usual practice in the athletic dept. by Paterno and Curley, with Spanier's and Schultz's approval. In fact, it never even seems to have been considered, per their notes and emails about the 2 incidents. Again MO only....

As far as the NCAA suit by Corbett saying that organization had no jurisdiction and cannot prove that any violations occurred, we'll just have to wait and see what happens in court...although I understand that many back this position in order to try and restore the games lost and Paterno's reputation and standing. I personally think they risk being thrown out of the NCAA altogether with a permanent death sentence....again IMO....
 
BBM....do you have the records of these previous years crimes that were reported thru the Clery Act? If so, can we have a list of them by year, what they were, and who they were committed by? TIA[/quote]


I'm sure this was facetious, as no crime statistics would report who committed the crimes, but the link I provided in my last post does demonstrate the breakdown of crimes reported by year,

I personally think they risk being thrown out of the NCAA altogether with a permanent death sentence....again IMO....[/quote]

That certainly is a possibility. However, the tide of opinion seems to have softened some, as more articles I have read seem to be critical of the NCAA's knee jerk response. Also, Emmert and his organization are under greater fire now after their improper conduct in the case of Miami booster Nevin Shapiro
http://sportsillustrated.cnn.com/co...0130123/ncaa-miami-investigation-mark-emmert/

The NCAA is beginning to seem like a rogue organization that believes it can do as it pleases without repercussion, which is not bringing lots of support for its unprecedented actions against Penn State.

And regarding Erica, you are right that anonymous posters cannot be compelled to withdraw their claims, but in the absence of verification, her claims are nothing but rumor.
 
ETA: thanks for the report that provides info beginning in 2009...do you have the figures back to 2001, TIA?


Of course, IMO again, there was no consideration to report either the 1998 incident [which was hidden even by the campus police as an administrative thingee] or the 2001 incident, as per usual practice in the athletic dept. by Paterno and Curley, with Spanier's and Schultz's approval. In fact, it never even seems to have been considered, per their notes and emails about the 2 incidents. Again MO only....

Sorry - I can't seem to find anyplace to access prior year's crime stats. Since the original article discussed the status of PSU's Clery reporting in 2011 I had hoped those three years would be helpful.

As far as the 98 incident, it was in the hands of LE and the DA, and Harmon's refusal to label it as a crime log probably kept it out of the Clery statistics. In 2001, as I mentioned, the PSU administrators chose to proceed as if no crime had occurred, so there was nothing to report (not arguing that it was correct, just reviewing what happened). I can't say whether or not this was usual practice in the athletic department.
 
I think there was a very public example of the Clery Act not being followed. It was the Phillips rape case from 2003. Phillips was arrest, tried and acquitted. There should have been a Clery report, just for it being reported, but there wasn't any.
 
I think there was a very public example of the Clery Act not being followed. It was the Phillips rape case from 2003. Phillips was arrest, tried and acquitted. There should have been a Clery report, just for it being reported, but there wasn't any.

Correct me if I'm wrong JJ, but isn't the requirement of the Clery Act that the University Police or Security Department are the parties responsible to collect and report all on-campus crimes? So this wouldn't be a case where Paterno, Curley or anyone sat on the information; this was a police matter that Gricar took to trial. Why the University Police would have failed to report an on-campus alleged rape is hard to understand - Phillips was suspended from school and tried, so it wasn't as if they were protecting him from consequences?
 
Correct me if I'm wrong JJ, but isn't the requirement of the Clery Act that the University Police or Security Department are the parties responsible to collect and report all on-campus crimes? So this wouldn't be a case where Paterno, Curley or anyone sat on the information; this was a police matter that Gricar took to trial. Why the University Police would have failed to report an on-campus alleged rape is hard to understand - Phillips was suspended from school and tried, so it wasn't as if they were protecting him from consequences?

I think the school is suppose to establish a reporting officer, but it would not necessarily be the police. It's been a while since I looked at the act. It would not necessarily be the police (Harmon). It would not necessarily be Paterno (and probably wasn't).

The thing is, Phillips was not something handled in house. There was no reason not to report it. You could read about it in the paper at the time.
 
http://www.police.psu.edu/cleryact/
http://www.statecollege.com/news/lo...t-penn-state-remains-troubling-trend-1205200/ from the comment section: "Even when someone does report, they're discouraged by the police, by the Center for Women Students, and by Women's Advocates off campus from taking action for many reasons... it's difficult to prove, the trauma of appearing in court is too much to risk, the defense will tear you apart, it's too much work for only a chance at a conviction, etc. Penn State counselors counsel women to co-parent in the same room with their rapist... There's more to the problem than the it being difficult for victims to come forward, there's what happens after they do."
 

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