About Wanderings

Each week I will post my current syndicated newspaper column that focuses upon social issues, the media, pop culture and whatever might be interesting that week. During the week, I'll also post comments (a few words to a few paragraphs) about issues in the news. These are informal postings. Check out http://www.facebook.com/walterbrasch And, please go to http://www.greeleyandstone.com/ to learn about my latest book.



Showing posts with label Joe Paterno. Show all posts
Showing posts with label Joe Paterno. Show all posts

Thursday, August 9, 2012

Baffled, Befuddled, and Bamboozled: Penn State Trustees are Sinking




        When we last left the baffled and befuddled Penn State trustees, they were trying to figure out what happened in the Great NCAA Sanctimonious Sanction.
            What happened is that the NCAA bamboozled university president Dr. Rodney Erickson. The NCAA—having spent most of its history figuring out ways to make college athletics even more prominent on college campuses—suddenly found religion, created new rules, didn’t conduct an investigation, and shredded anything resembling due process. Using the Freeh Report as its newly-found Bible, NCAA president Mark Emmert piously declared he wanted Penn State to “rebuild its athletic culture,” and preached the lesson that the NCAA hoped “to make sure that the cautionary tale of athletics overwhelming core values of the institution and losing sight of why we are really participating in these activities can occur.”

Friday, June 29, 2012

More Jokes From the Penn State Trustees

 Penn State trustees on the day they
fired Joe Paterno and Graham Spanier




Whenever I need a couple of laughs, I turn to the bumbling self-aggrandizing antics of the Pennsylvania legislature.
            However, in the past few months, the Penn State Board of Trustees has done the near-impossible; they have provided more laughs than the menagerie in Harrisburg.
            To call either the Legislators or the Trustees “clowns” would demean the hard work of the circus performers who spend significant time to develop and execute comedy routines. There is no evidence the Trustees even have a thought process before they make outrageous and just plain silly statements.
            The latest Trustee joke is that the reason they really fired Joe Paterno abruptly on Nov. 9, 2011, is because of “a failure of leadership.” The Board released what it called a “report,” but which is nothing but a press release of rehashed statements. This “report” claims the Trustees fired Paterno after they read the Grand Jury report that outlined a series of allegations against former defensive coordinator Jerry Sandusky, whose name is now known among more Americans than anyone who ever won a Nobel Prize.

Wednesday, January 25, 2012

Sanctimonious Hypocrites Can’t Diminish the Warmth for Joe Paterno



            Gov. Tom Corbett (R-Pa.) praised Joe Paterno and ordered flags on all state buildings to fly at half-staff for four days.
            That would be the same Tom Corbett who had said he was “personally disappointed” in Joe Paterno for not doing more to alert authorities in the Jerry Sandusky case, while acknowledging that Paterno did nothing illegal and followed university rules for conduct.
            That would be the same Tom Corbett who, as attorney general, assigned only one investigator to the case in 2009, while devoting almost innumerable personnel and financial resources to prosecute high-profile cases that could help lead him to the governor’s office.
            That would be the same Tom Corbett who had the authority to order the arrest of Jerry Sandusky as soon as the claims were made, but who allowed the investigation to drag two years.

Monday, November 21, 2011

Penn State Trustees May Have Violated State Law



by Walter Brasch


            The Penn State Board of Trustees may have several times violated state law for its failure to publicly announce meetings and how it handled the firing of Coach Joe Paterno. However, these violations may be the least of the Board’s worries, as it scrambles to reduce fall-out from the scandal that began with revelations that an assistant football coach may be a serial child molester, and that the university may have been negligent.
            The state’s Sunshine Act [65 Pa.C.S.A §701–710] requires all public bodies to publish notices at least 24 hours before their meetings. The purpose is to eliminate secret meetings. Penn State, a private university, which received $279 million from the Commonwealth for its 2011–2012 budget, is bound by the Sunshine Act.
            A public notice did appear in the Centre Daily Times, State College’s hometown newspaper, three days before a regularly-scheduled board meeting, Friday Nov. 11. But, the Trustees were caught flat-footed the week before by what eventually turned into the largest scandal in its history. These are events the Trustees should have been aware of for at least two years; certainly, the Board should have known there was a problem when the Harrisburg Patriot-News broke a story in March that the Grand Jury was investigating former defensive coordinator Jerry Sandusky.
            But, based upon Board incompetence, there wasn’t even a crisis management plan in place when Sandusky was arrested Nov. 5, and Athletic Director Tim Curley; and Gary Schultz, senior vice-president of finance and administration, were charged with perjury and failure to report a crime to police. The Trustees allowed Curley to take an administrative leave, and Schultz to return to retirement. Schultz, who had worked for Penn State for 40 years, had retired in 2009, but had been brought back on an interim basis in July. Both Curley’s and Schultz’s decisions were probably influenced by the Board demands.
            During the two weeks, beginning Nov. 5, the Board had conference calls, executive sessions, and emergency meetings, all without public notice.
            Conference calls involving a quorum without public notice aren’t allowed. At least one conference call was conducted on Saturday, Nov. 5. A meeting by telephone is just as illegal as a meeting with all persons at a table if it isn’t publically announced.
            Several emergency meetings were held the next few days. The Sunshine Act allows emergency meetings. The Trustees conducted meetings Sunday, Nov. 6, Monday, Nov. 7, and Wednesday, Nov. 9. By law, an emergency meeting can be called, without public notice, only for “the purpose of dealing with a real or potential emergency involving a clear and present danger to life or property.” [65 Pa.C.S.A §703] Even in the wildest stretch of that definition, there was no clear and present danger. That occurred years ago when the university didn’t contact police to report the actions of a man believed to be a child molester.
            Executive sessions to discuss personnel issues and some other items are allowed—if they are announced at public meetings “immediately prior or subsequent to the executive session.” [65 Pa.C.S.S. §708(b)] But, they were not. About 10 p.m., Nov. 9, following an emergency meeting, Board vice-chair John P. Surma, flanked by 21 of the 31 trustees, publicly announced it had fired Paterno and accepted the forced resignation of PSU president Graham Spanier.  Surma told the media the decision about Paterno was unanimous, thus indicating a vote was done in secret and not under public scrutiny as required. Because Spanier was under a long-term contract, the Trustees would also have been expected to have to vote to formally accept his resignation.
            The Trustees also violated both Paterno’s and Spanier’s rights under law. It’s doubtful the Board members, most of them in corporate business, even care. How they handled Paterno’s firing is indicative they have little regard for employee rights and due process. Paterno had previously said he would retire at the end of the season, since he believed, “the Board of Trustees should not spend a single minute discussing my status. They have far more important matters to address. I want to make this as easy for them as I possibly can.” The Trustees, undoubtedly, believed firing Paterno immediately would take heat off the university. Again, it was wrong.
            Although executive sessions may be conducted in private, the Sunshine Act requires that “individual employees or appointees whose rights could be adversely affected may request, in writing, that the matter or matters be discussed at an open meeting.” [65 Pa.C.S.A. §708(a)(1)] The Board, according to a report in the Easton Express-Times, had ordered Spanier to resign or be fired. He chose to resign. Paterno was not contacted by the Board prior to termination, either to request to be heard or to request an open meeting. Paterno was informed of his termination by a hand-delivered letter that demanded he place a phone call to a board member. There was no indication in that letter of what the Board’s decision was.
            Violating the law could result in invalidating decisions made at those meetings, and penalties of $1,000 for each violation; until September, the penalty had been a paltry $100. But here’s a nice twist. The Trustees probably don’t care.
            A district attorney must approve prosecution for Sunshine Act violations. Although the Pennsylvania Newspaper Association (PNA) receives about 1,000 inquiries each year about what may be Sunshine Act and Right-to-Know law violations, “it’s rare for criminal prosecutions of the Sunshine Act,” according to Melissa Melewsky, media law council for the PNA. Civil actions by individuals are likewise difficult to pursue because of significant costs.
            Here’s another surprise. Because of heavy lobbying to the legislature, whose members are feasted at one home game a year and can also receive comp football tickets to other home football games, Penn State is not bound by the state’s Right-to-Know law. This means that innumerable records, including minutes of all meetings— both public and those that are illegal under the Sunshine Act—can still be secret.
            Here’s something not so surprising, however. Penn State’s Public Affairs office punted all questions to the Board. The Board arrogantly has refused to answer both verbal and written questions. However, possibly using public funds, it did hire a PR firm to handle crisis management issues. We won’t know the cost—that’s something it doesn’t have to tell the taxpayers.

[Assisting on this story was Melissa Melewsky, media law counsel of the Pennsylvania Newspaper Association. Walter Brasch, as president of both the Keystone chapter of the Society of Professional Journalists and Pennsylvania Press Club, was active in fighting for a stronger Right-to-Know law and enforcement of the Sunshine Act. He is an award-winning syndicated columnist and retired university professor. His latest book is Before the First Snow, a mystery/thriller set in Pennsylvania.]

Friday, November 18, 2011

The Sanctimonious Scavengers of the Penn State Scandal


by Walter Brasch

            There is nothing the media love more than a good celebrity sex scandal.
            Since the story of Scarlett Johansson’s purloined nude pictures had run its course, and the media squeezed every drop of ink it could from the Kim Kardashian/Kris Humphries engagement/wedding/ marriage/ divorce, they had to find something else to feed the beast with the insatiable appetite.
            Something else was Penn State. Neatly packaged for the media was the trifecta of what passes as journalism—sex, scandal, and celebrity. And so the media circus rolled into State College, salivating at their good fortune.
The “sex” part of the story was that Jerry Sandusky, former defensive coordinator of the Nittany Lions, was accused of 21 felony counts of sexual abuse of boys. A 23-page Grand Jury report, released Nov. 4 following a drawn-out three-year investigation, detailed some of the specifics. However, this story, no matter what the media say it is, is not about sex. It is about child molestation, child abuse, and endangering the welfare of a child. Big difference.
            The “scandal” is that it appeared that high-ranking Penn State officials, although they restricted Sandusky’s access to campus, didn’t contact police or child protection services, possibly believing they were protecting the university’s image.
            The “celebrity” part is Joe Paterno, who listened to a graduate assistant who says he saw an act of sodomy by Sandusky, and then, disgusted by what Sandusky may have done, reported it the athletics director and senior vice-president for administration. Paterno met his legal responsibility, and isn’t under any criminal investigation. Questions to Paterno in court would probably result in the defense objecting to hearsay testimony since Paterno never witnessed the act.  
            Almost every Pennsylvania TV station and dozens of networks sent camera crews into State College. As the number of TV crews increased, the quality of reporting sank, as almost every on-air reporter seemed to feel a need to ask even dumber questions and make dumber statements than every other reporter. These are the TV stations that send camera crews to out-of-town football games, Spring training in Florida, and bowl games, yet have downsized their news staff, plead economic poverty, and failed to adequately cover critical news stories. In Pennsylvania, it has meant little original reporting about conflict-of-interest and ethics scandals in the state legislature. Sports, apparently, is “sexy”; the public’s money and legislature integrity aren’t.
            These are the same members of the media who for many of Paterno’s 46 years as head coach had filed stories that he should step down after any two losses in a row, or during a losing season, or even a season that didn’t have enough wins. The media had also layered comments that Paterno was everything but senile, that he was too old to be coaching. But, Paterno, known in the media as “JoePa,” kept winning, and kept demanding academic and athletic excellence in addition to moral integrity from his players. The university’s library, not any of its athletic buildings, is named for him. America’s best-known coach was building not a place for future NFL stars, but a place where college students could supplement their education to become productive members of society. His graduation rate is among the highest in Division I athletics.
            However, based upon the amount of newsprint and air time given to this story, you would swear that Paterno was guilty, arrested, and probably already convicted. The media almost forgot about Sandusky as they began piling on to Paterno. Six column headlines and five minute network stories dominated the news agenda. Like sharks, they smelled blood and circled their prey, a towering figure about to be toppled. With little evidence, these sanctimonious scavengers called for one of the most ethical and inspirational coaches and professors to resign, claiming he didn’t do enough, that he should have personally called the police rather than follow established protocol.
.           Many of the media horde, who had never written any story about Penn State’s excellent academic and research programs, soon began pumping out ludicrous statements that Penn State’s reputation would be tarnished for years. Despite their self-righteous denials, the screeching of “Joe Must Go” in one-inch bold black headlines undoubtedly influenced the university’s board of trustees, which was constantly proving that incompetence isn’t just a media trait. Their attitude seemed to be not whether what Paterno did was a terminable offense, but that to terminate him would somehow save the university’s tarnished reputation—and maybe preserve the value of their own luxury seats at Beaver Stadium.
            On Wednesday, Nov. 9, three days before the Penn State/Nebraska game, which was to be the last home game of the season, the Trustees, with a push from Gov. Tom Corbett, fired Paterno, thus justifying all the ink and air time spent by the media that seemed distracted from the real story—Sandusky, not Paterno, was arrested.
            That night, thousands of students staged a demonstration of support for Paterno. The media called it a riot and almost universally condemned the students for exercising a First Amendment right of peaceful assembly and freedom of speech. What little damage done—the highest estimate was about $20,000—was by a relatively small number of participants. However, the media never reported that they had also done damage. Reporters and camera crews walked and ran through private property and mobbed sidewalks in front of the homes of Sandusky, Paterno, and others, shoving microphones into residents' faces to get any kind of seven-second soundbite they could. Residents report mini-mountains of trash left in the media's wake.
            On game day, the media camped in front of Paterno’s house. ESPN coverage of the game, which drew about twice as many viewers as expected, was constantly punctuated by the “scandal,” and what Paterno did and didn’t do. Tragedy had suddenly become a sport.
            Contributing to the media’s shameful performance were mountains of crocodile tears, dripping with moral indignation. Had the media spent even a tenth of the time before the Penn State scandal to publish and air stories about child welfare problems, and what could be done to protect the most vulnerable of society, their myriad comments would have been credible.
            In contrast to the masses, several reporters did credible reporting, including the hometown Centre Daily Times. But the best reporting might be that of Sara Ganim, who had begun her investigation first at the Centre Daily Times before moving to the Harrisburg Patriot-News. Three years after graduating from Penn State, she broke the story in March that the Grand Jury was investigating Sandusky and others. Her story at the time didn’t get much traction. But, for several months she meticulously gathered facts and wrote news, not opinion and speculation, which dominated the work of many of her colleagues, many of whom showed they were incapable of even reaching the journalistic standards of reporting at the National Enquirer.
            Perhaps Joe Paterno should have done more; perhaps he should have called the police or at least followed-up with his earlier concern. But, we don’t know yet the facts.
            One concern remains. Today, these Monday Morning Quarterbacks of the media and a pack of largely anonymous self-righteous fans all say that unlike Paterno they would have done “the right thing.” How many, if faced by the same set of circumstances, would have done “the right thing” a month ago?

[Assisting on this story was Rosemary Brasch. Dr. Brasch had begun his journalism career as a sports writer and sports editor before moving into public affairs/investigative journalism. He is an award-winning syndicated columnist and retired journalism professor. His latest of 17 books is Before the First Snow, a story of the counter-culture, set primarily in Pennsylvania.]