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Friday, November 11, 2011

It's Bigger Than Football...It's Bigger than Legacy.




Recently, Penn State University found itself on the other side of "honor with success". It has been reported that over 12 years ago sexual acts with a minor by former defensive coordinator Jerry Sandusky, were conducted and witnessed.  Which resulted in the abuse of eight boys over a 15-year period starting in 1994.

This is a major issue in sports and by far one of the biggest tort violations in history. Formally, torts are civil wrongs other than breaches of contracts for which the remedies are typically, but not always, monetary compensation. When someone commits a "tort," they have violated a non-negotiated, societal rule (http://www.lawpreview.com/index.php/Torts/). It is perceived that the humane thing for anyone to do in a situation of sexual abuse or misconduct is to call the police and relieve the employee of their duties.
Under the Clery Act, colleges and universities must disclose criminal offenses on campus each year. Instead Penn State went up the chain of command in which coach Joe Paterno was notified and then he told his Athletic Director and the School President. As a result, instead of notifying the authorities, the school remained tight-lipped about the incident and years later Penn State athletic director Tim Curley and Gary Schultz, the school’s vice president for business and finance, were charged with perjury and failure to report the allegations. Curley and Schultz each face up to seven years in prison if convicted.
I remember when I was growing up my mother would always say “what happens in the dark will eventually come towards the light.” Meaning you can’t rely on keeping something a secret or hidden for too long without it exposing itself as the cause or definitive action which defines your moral character. After over 50 years of coaching at Penn State, it is sad that Joe Paterno’s legacy will potentially be defined by his unwillingness to protect the victims in this case. Parents around the world put their trust in that man and that institution and Instead he protected what he thought was the best interest in the university. Look what happened as a result of that. Players are already de-committing to the school and many parents are in a collective uproar. I am sure civil liabilities cases may soon follow this disappointing and shameful event. As far as Paterno, he has acquired legal defense, but the shame of his reputation may prove far more damning in the end. In my opinion, this is the biggest legal issue in sports to date. Along with the loss of scholarships and revenue a reputation of honor with success has been stripped from the university. This story is bigger than football and it should touch the souls of each human being. We have a responsibility to ourselves to not condone these acts and to prevent them from presenting themselves again in the future.


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