Spanier’s Attorney Responds to Charges


Today’s Presentment is the latest desperate act by Governor Tom Corbett to cover up and divert attention away from the fact that he failed to warn the Penn State community about the suspicions surrounding Jerry Sandusky, and instead knowingly allowed a child predator to roam free in Pennsylvania. Its timing speaks volumes.

“These charges are the work of a vindictive and politically motivated Governor working through an un-elected attorney general, Linda Kelly, whom he appointed to do his bidding and who will be a lame duck five days from now.

“There is no factual basis to support these charges, which may explain why the Attorney General and her staff have steadfastly refused – for a full year – to meet with Dr. Spanier or his lawyers to discuss this matter despite repeated attempts to do so, or to accept Dr. Spanier’s offer to appear before the grand jury again to clarify any misconceptions.

“From late 2008 through November of 2011, as Pennsylvania’s Attorney General, Tom Corbett clearly knew about the allegations against Jerry Sandusky and yet failed to act. And this failure allowed Sandusky to continue to harm children for nearly three years after he could have and should have been warned, stopped or indicted. The Governor’s legally indefensible explanations, repeated by Attorney General Kelly at her news conference today – that he couldn’t expose Sandusky for fear of compromising an ongoing grand jury investigation or that he needed more evidence – are patently absurd.

“And so, on the one hand, Corbett had access to detailed allegations about Sandusky’s child abuse and, as the chief law enforcement officer for the Commonwealth of Pennsylvania, allowed it to continue. On the other, Dr. Spanier was not privy to any details about a 1998 investigation that actually exonerated Sandusky and then, in 2001, was told only about an incident characterized as “horseplay”.

“Governor Corbett has made no secret of his personal hostility toward Dr. Spanier, as many witnesses will attest. He is now manipulating public officials and resources to settle a personal score. Linda Kelly’s willingness to continue this farce, on behalf of the politically motivated Governor who appointed her, apparently knows no bounds. She has already been put on notice by both candidates for Attorney General, one of whom will replace her, that they intend to review her investigation thoroughly. For her to deny, as she did a few minutes ago, that politics played no role in these charges being made five days before an election, is patently false. Graham Spanier has committed no crime and looks forward to the opportunity to clear his good name and well-earned national reputation for integrity. This Presentment is a politically motivated frame-up of an innocent man. And if these charges ever come to trial, we will prove it.

“The people of this Commonwealth, and the next Attorney General, should be outraged by this blatantly political, transparently vindictive, last-minute act of cowardice and desperation.”

Spanier Charged In Sandusky Scandal


Former Penn State President Graham Spanier‘s legal team released a statement after he was charged in connection with his involvement in the Jerry Sandusky child sexual abuse scandal.

On Thursday, Spanier was formally charged by the Attorney General’s Office for the first time. Former Penn State athletic director Tim Curley and former Penn State vice president Gary Schultz had charges added to their criminal case.

Curley, Schultz and Spanier are each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice. They are expected to be arraigned at 2 p.m. in Harrisburg on Friday.

Spanier’s legal team released a statement on his behalf following Attorney General Linda Kelly‘s press conference held at noon in Harrisburg.

“Today’s Presentment is the latest desperate act by Governor Tom Corbett to cover up and divert attention away from the fact that he failed to warn the Penn State community about the suspicions surrounding Jerry Sandusky, and instead knowingly allowed a child predator to roam free in Pennsylvania. Its timing speaks volumes. These charges are the work of a vindictive and politically motivated Governor working through an un-elected attorney general, Linda Kelly, whom he appointed to do his bidding and who will be a lame duck five days from now.

“There is no factual basis to support these charges, which may explain why the Attorney General and her staff have steadfastly refused – for a full year – to meet with Dr. Spanier or his lawyers to discuss this matter despite repeated attempts to do so, or to accept Dr. Spanier’s offer to appear before the grand jury again to clarify any misconceptions.

“From late 2008 through November of 2011, as Pennsylvania’s Attorney General, Tom Corbett clearly knew about the allegations against Jerry Sandusky and yet failed to act. And this failure allowed Sandusky to continue to harm children for nearly three years after he could have and should have been warned, stopped or indicted. The Governor’s legally indefensible explanations, repeated by Attorney General Kelly at her news conference today – that he couldn’t expose Sandusky for fear of compromising an ongoing grand jury investigation or that he needed more evidence – are patently absurd.

“And so, on the one hand, Corbett had access to detailed allegations about Sandusky’s child abuse and, as the chief law enforcement officer for the Commonwealth of Pennsylvania, allowed it to continue. On the other, Dr. Spanier was not privy to any details about a 1998 investigation that actually exonerated Sandusky and then, in 2001, was told only about an incident characterized as “horseplay”.

“Governor Corbett has made no secret of his personal hostility toward Dr. Spanier, as many witnesses will attest. He is now manipulating public officials and resources to settle a personal score.

“Linda Kelly’s willingness to continue this farce, on behalf of the politically motivated Governor who appointed her, apparently knows no bounds. She has already been put on notice by both candidates for Attorney General, one of whom will replace her, that they intend to review her investigation thoroughly. For her to deny, as she did a few minutes ago, that politics played no role in these charges being made five days before an election, is patently false.

“Graham Spanier has committed no crime and looks forward to the opportunity to clear his good name and well-earned national reputation for integrity. This Presentment is a politically motivated frame-up of an innocent man. And if these charges ever come to trial, we will prove it.

“The people of this Commonwealth, and the next Attorney General, should be outraged by this blatantly political, transparently vindictive, last-minute act of cowardice and desperation.”

Who is Vicky Triponey? And What Does She Have to Do With JoePa?


Update Post 9/2/2012

The September 2007 report on Judicial Affairs, obtained by the Centre Daily Times, recommended changes — which then- President Graham Spanier implemented. They include in general leaving it to directors, advisers or coaches to decide whether students under disciplinary probation should be allowed to participate in sports and clubs rather than putting that in the hands of Student Affairs, which oversees the Office of Student Conduct.

“Involvement in student activities is for the most part a healthy influence on student behavior, and removing such involvement as a way of getting a student’s attention to correct misbehavior is likely to be counterproductive,” the report reads.

Triponey, who left Penn State in 2007 after four years in the job, has been featured in several news stories following the Sandusky scandal, condemning interference from Joe Paterno in disciplinary matters involving football players and agreeing with the idea of a cultural problem. But her stance on who should decide whether athletes in trouble can participate in extracurricular programs — the person in her former position or the club or sport leader — runs counter to the 2007 report, a product of an independent faculty committee.

 

By Gary Leavit–edited by Myke Triebold, with responses from Mike Meachem in italics.  My interest in hosting this website is to be fair and not to create collateral damage from an horrific tragedy in Penn State’s History.  I chose to integrate Mr Meachem’s comments in this posting, as many people will read the article and not go to the comment section.  I wanted his side to have equal time.

Who is Vicky Triponey? And why does she hate Joe Paterno?

Hell hath no fury like a woman spurned. And there is no doubt that Vicky Triponey was spurned by Joe Paterno.

Triponey was hired in 2003 by Graham Spanier after a rocky and controversial stint at the University of Connecticut. Within months of her arrival at Penn State she began a “Reign of Terror” aimed at consolidating power within her Office of Student Affairs and crushing or eliminating anything or anyone that challenged that power.

As to this notion of “consolidating power,” the details of which will be addressed below, be advised that Dr. Triponey’s entire career has been dedicated to the growth and empowerment of students so they may become constructive participants in our society.  The only power monger in this episode is the idol on whose behalf you continue to spew hateful falsehoods

She began by dismantling the Student Organization Appeals Board. This Board, composed of students, faculty and administrators, heard appeals from organizations like the student government and the fraternity council. Triponey became the sole arbiter of of any questions or disputes, with no appeal possible.

Patently false. First, the fraternity and sorority chapters have their own councils that make judgments about their behavior. You should study up on this. Secondly, the initiative was merely to streamline and modernize the process to assure due process in organizational appeals. She has never acted in a way to supplant student decisions with her own. This was an effort to delineate the process between organizational misconduct and individual misconduct and had nothing whatever to do with eliminating anyone’s right of appeal. Indeed, you might want to check with Greek leaders of that era to get some facts about how Dr. Triponey handled these kinds of matters

She then informed the campus radio station, LION 90.7, that all funding would be terminated unless her office was given direct control over programming and content. She famously warned, “the first thing to go will be Radio Free Penn State” — the popular talk show known for its frank criticism of some of the administration’s decisions.

Utterly and completely false. The quote you cite here was never said, if at all, certainly not in the context you cite; your attribution of the sentiment is a lie. The radio station had, at least in part, been funded temporarily with a grant of funds from the Division of Student Affairs. Had that practice been allowed to continue, the radio station would fall within the institutional control of the university and, thus, actually have its content judged against institutional interests. What she told the students was that the radio station would need to be treated differently if it were a university station by dint of funding source. Her initiative here was to change the source of funding from the Division of Student Affairs to student activity fees. The radio station would, indeed, no longer receive money from heaven – that’s true, as it would need to apply for, and justify its need for, funding through the student activity fee process.

Triponey next turned on the Student Supreme Court which was part of the Undergraduate Student Government (USG). For fifty years, the Court effectively registered and oversaw student organizations. Again, she usurped all decision-making power and became the judge and jury herself.

After, essentially dissolving the USG, the student government, and replacing it with an organization under her direct control, she decided it was time to butt heads with Joe Paterno.

In 2007, she pounced on an off-campus incident: Anthony Scirrotto, a safety on the football team, and his girlfriend were accosted and assaulted by three drunken students on a State College street. Two of those attackers were subsequently found guilty of harassment and criminal mischief. Later that evening, Scirrotto and a number of his teammates met up with the attackers at an off-campus apartment party, where a confrontation and fight ensued.

I am not going to spend a great deal of energy correcting your grossly inaccurate depiction of the incident at the Meridian apartments other than to say there were more than 12 players, as many as two dozen allegedly, beating the living crap out of two guys, one of whom ended up in the hospital. This occurred some 45 minutes after these two young men confronted and verbally assaulted Scioritto and his girlfriend. This attack was pre-mediated and organized. Some of the players invaded the apartment; some stood in the hall keeping watch while the other group of thugs engaged in TV-like violence by breaking a bottle of beer over one of the victims’ head among other things. The only point I will concede here is that the episode did indeed start and stop off campus, which I think is your point in underscoring that it began on a “State College” street.

In a series of emails to Dr. Spanier, Triponey insisted that she alone had the responsibility to discipline the players involved and indicated that suspension or expulsion was called for. Joe Paterno pointed out that since the incidents were off-campus and everyone involved was facing criminal trials, it was necessary to wait for DUE PROCESS to take its course and that in the meantime he would, as always, determine team discipline.

 The gist of the e-mails was to defend the integrity of the student judicial process, something to which all students are subject. In addition, the Code of Student Conduct that was in place at that time and well before Dr. Triponey’s arrival at Penn State (like the vast majority of other colleges and universities in America) applied to student conduct even off campus. What this means, of course, is that it does not matter where all this took place; the student judicial process would still play a role. If these guys were members of the Chess Club, they would be subject to this process. But football players, by the grace of your idol, were to be treated differently. No conclusion regarding expulsion had been reached at the time of those e-mails. Indeed, those decisions were to be made by a hearing board that would include students. Dr. Triponey would serve as appeals officer in the event the student would choose to appeal. This is the student version of “due process.”

Ultimately, all charges against Scirroto were dismissed in exchange for a guilty plea to misdemeanor trespass resulting in a fine of $500 and 25 hours of community service.

Joe used the incident as a teaching moment, sentencing the WHOLE TEAM to a season of after-game stadium cleanup duty. When Triponey protested and insisted that she alone should determine the fate of the players, Joe said he really didn’t think she understood teenagers very well, having never had children of her own.

More importantly, Dr. Triponey never insisted that she alone had responsibility for discipline.  The essence of her view is that student athletes in this situation are subject to three forms of discipline: (1) as citizens of the larger society / community, they are accountable to the law and criminal courts; (2) as citizens of the university community they are accountable to the Student Code of Conduct and its processes, and; (3) as athletes they are accountable to team rules and the coach. The only person insisting that he and he alone handle the discipline of these thugs was your idol. He even said so in an e-mail to Dr. Spanier. This was covered in The Chronicle of Higher Education.

The “stadium clean-up duty” lasted all of two weeks (see the Centre Daily Times). And, oh by the way, if the coach was so interested as you claim in “due process” why were the innocent players – those who did not engage in this particular episode of thuggery  — punished along with the guilty? Common athletic punishment ? Sure. Due process? Not at all. Please. As to the remark Joe made on the radio. . . well, that was simply an act of condescension that was both incorrect and in poor taste. Dr. Triponey’s scholarship is in student development. To suggest she knows nothing about student discipline belies the fact that, at the time, she had 25 years of experience and a national reputation for working effectively with college students. Not only did she understand discipline, she understood how to help them grow as citizens:

That set her off on another round of emails and threats. By this time she had made so many enemies on campus and was creating so much turmoil, that Dr. Spanier asked for her resignation, acknowledging the mistake he had made four years earlier.

The coach,  Athletic Director and Dr. Spanier continually, and inappropriately, interfered with the established student judicial processes, attempting to replace the determination to be made by a student discipline board with their judgment – in effect denying students a voice – by negotiating sanctions acceptable to your idol. Dr. Triponey attempted to defend the process without regard to what the outcome might be. Dr. Spanier, 5 months after the Meridian episode did indeed ask for her resignation. He never did, however, “acknowledge” hiring her was a mistake. He did indicate she was not fitting in with “the Penn State way.”

Now, with Joe gone and Spanier sidelined, Triponey gets to play her “I told you so” card in a very receptive media environment, obscuring the plain truth that absolutely nothing she did or didn’t do in her disastrous tenure at Penn State had any relationship whatsoever to the Sandusky affair and it’s aftermath.

This has nothing to do with “I told you so.” It does, however, speak to the secretive, deceptive culture that prevails in the football program and at the executive level of the university in acting as a shroud for the football program. The Meridian episode, when you look at the real facts (as opposed to the ones you invented), demonstrates how “the Penn State way” operated to impose dichotomous sets of standards: one set of rules for the football program and players – your idol shall decide right and wrong; and one set for everyone else.

Even Louis Freeh ignored her complaints in his biased summary of his investigation. We don’t know if she influenced Mark Emmert. What we do know is that she is a bitter, disgruntled former employee who was spurned by Penn State and Coach Paterno.

The investigation, appropriately, focused narrowly on the Sandusky episode, and thus her interactions with Paterno and Dr. Spanier were relevant only to the pattern and practice of conduct evidenced by their handling of the Meridian episode (and others). Thus, her observations regarding the prevailing culture at Penn State were merely affirmations of what Freeh’s team had already discovered for themselves

And that she believes she understands kids in their late teens and early 20′s better than a man who spent 61 years mentoring them. And who helped raise five of his own kids and 17 grandchildren.

That was never the issue except for the fact that your idol arrogantly — and wrongly — proclaimed it.

That’s who Vicky Triponey is. And that’s why she hates Joe Paterno.

The fact is that Dr. Triponey received a resolution of appreciation from Penn State’s USG at the end of her first year – signed by every member of USG. Later she was named an honorary Nittany Lion mascot by Penn State’s cheer leaders. And later still, she was saluted (chosen by students!) as the honorary Grand Marshall for Penn State’s Homecoming parade. This is hardly the record that you falsely describe. It is the record of someone who has served honorably and effectively in helping students grow and discover themselves and serve their campus community with distinction.

Penn State Board of Trustees Caught in Massive Lie


By Douglas Robb, from Facebook Posting

Actually, there is evidence that the unidentified “trustee” referred to in the report in regards to the board’s knowledge BEFORE Sandusky‘s arrest, references a story in the Harrisburg Patriot-News on March 16, 2011, in which news of the PA AG’s Sandusky grand jury investigation and Spanier, Curley, Schultz’s and Paterno’s testimony is revealed. It is on the basis of that article that the unidentified “trustee” asks for more information and is rebuked or stalled by Spanier.
If Freeh‘s report reveals anything, it shows Spaniers massive malfeasance in his failure to address the issue of notification of the board of the very serious legal implications both criminal and civil that Sandusky’s indictment would eventually create for Penn State. Indeed, had Spanier acted promptly and properly in advising the board about Sandusky in the spring of 2011, the BOT would not have been caught so flat-footed by the media firestorm that ensued after Sandusky’s arrest on Nov. 5th, 2011.
Be that as it may, it is clear the BOT has been caught in a massive lie about what they knew and when they knew it as regards their previous knowledge of Sandusky. I find it inconceivable that this unnamed “trustee” just went away satisfied by Spanier’s dubious explanation thinking that he had credible information. I believe that unidentified “trustee” may have been a key member of the BOT and it’s executive committee. If anyone on the executive committee had knowledge of Sandusky’s investigation prior to Nov. 5th, 2011, then the BOT are guilty of fraud and complete dereliction of their governing duties.
I believe the BOT intent, from the very beginning, was a fait accompli to not only remove Joe Paterno, but to so damage his reputation that he would ultimately be cast as the fall guy or scapegoat in this entire affair. As soon as the board knew Sandusky was indicted, then they clearly knew Spanier had at least completely deceived them about Sandusky and the crisis nature his indictment would place upon Penn State. But if you watch the YouTube video of the press conference at which Surma outlined the firings of Paterno and Spanier, they clearly made more of Paterno’s firing and their reasons for it, and Joe’s “supposed failure of leadership,” etc.
There is hardly ANY mention of Spanier’s firing aside from the fact that Surma mentions it in passing. The fact that the board retained Spanier as a tenured faculty member is beyond the pale. Knowing full well that Spanier’s failure to notify the board of Sandusky’s pending indictment and the massive criminal and civil liabilities it would create for ALL of Penn State, as well as the attending media fires-storm and public opinion nightmare it created was clearly grounds to terminate Spanier completely for cause. The fact that they treated Spanier with kid-gloves while throwing Paterno to the wolves is proof positive of the BOT complicity and knowledge of the scandal.
The report also tries to cast Paterno as the villain because of his supposed “massive power” as in the explanation of the janitor’s incident and their reluctance to report what they witnessed about Sandusky, or the ridiculous leap-of-faith of the Curley e-mail in which the confused syntax of Curley’s reply after talking to Joe is confused at best. But which the media-and Freeh-cite as “proof positive” Paterno engineered-and insisted-on the so called ”humane” strategy in dealing with Sandusky. This explanation is tantamount to grown adults using the excuse that “Joe made me do it” when they knew full well the ramifications and responsibilities of their inability to step forward and report to the proper authorities their knowledge of a crime.
What bothers me most is that Freeh’s report relies on anecdotal evidence taken by Freeh’s ”investigators” during their so-called “interviews.” This is an absurd investigative practice on the face of it, and is completely missed by the media in their typical “rush-to-judgment” at wanting to “catch” Joe Paterno. Unlike a court of law, these “interviews” were taken not as legal depositions with potential perjury or other criminal implications for giving false, misleading, or inaccurate testimony. They were basically conversations with the so-called 450 “witnesses” in Freeh’s Report. A highly dubious method of fact finding at best. You can, and might, say anything if you knew that you weren’t under oath in a court of law.
Any one who has spent even 5 minutes looking over the legacy of Freeh’s controversial and questionable investigations while he was the director at the FBI can see that Freeh’s investigative history is hardly impeccable. Quite the contrary. And since the leak of the e-mails from his PSU investigation by parties Freeh claims are “completely outside his organization and unknown to him” is a compelling explanation-for him. But it hardly puts to rest the possibility that Freeh’s investigation was somehow compromised.
“The 1998 investigation of Sandusky was conducted in a professional and complete manner, devoid of any undue influence by “Old Main?” Maybe, but so what? Talk about “a leap!” PS Campus Police Investigator Ronald Schreffler personally over-heard Sandusky’s tacit confession to the allegations of child sexual molestation leveled by the mother of one of the victims in her home! When he learned that Centre Co. DA Ray Gricar had failed to indict Sandusky in 1999, his EXACT words were that he was flabbergasted! He absolutely believed, based on the evidence amassed during the investigation, that Gricar had prima facie evidence of Sandusky’s guilt and would indict Sanduksy without fail. And yet, that didn’t happen.
And a few months after Tom Corbett was elected PA AG in 2004, Ray Gricar disappeared! Without a trace! And though his body was never found, and the bizarre circumstances behind Gricar’s disappearance and the attendant evidentiary oddities accompanying that disappearance are well documented, he was subsequently declared legally dead several years ago. If anything, the background and circumstances of the 1998 Sandusky investigation is one of the more murky, troubling and questionable chain of events in the whole Sandusky debacle.
What is most troubling in this whole, sordid and sorry mess is this: After 2001, regardless of who knew what when, Curley, Spanier, Schultz, Paterno, McQueary, and several others in the PSU admin. absolutely KNEW that Sandusky was a problem. How Sandusky was able to maintain access to PSU after that well-documented incident is a very troubling question that I believe ALL parties are obligated to answer. It can be argued that Gricar’s failure to indict Sandusky in 1999 may have convinced all parties that there was no credible evidence against Sandusky. And here, clearly the janitors who witnessed that assault, failed to report their direct knowledge of a felony crime being committed.
Regardless of their perception of Joe’s “power” as a football coach, in the end, grown, responsible adults who know the difference between right and wrong cannot hide behind their “perceived fear” of someone else’s power over them in the eyes of the law. They clearly failed to act-and are responsible for and definitely put other young boys in jeopardy due to their failure to report. I believe if they had done so, Gricar would have had 2 eyewitnesses of Sandusky committing felony child sexual assault-and a slam-dunk prosecution. Ask yourself how that would have changed the paradigm of the consequences which we ALL now face?

Graham Spanier’s pay totaled over $1 million in 2010


By Paige Minemyer Collegian Staff Writer

Former Penn State President Graham Spanier ranked third in a list of highest-paid public university presidents released by the Chronicle of Higher Education. According to the report, Spanier’s pay for 2010 totaled $1,068,763. Of that, he received a base salary of $660,002, which was fourth-highest on the list. He earned $200,000 in bonuses, and $208,761 was set aside as “deferred compensation” to be paid out later. The total also includes additional “provisions” provided by the university, including a house, a car and $22,760 contribution to his pension. University spokeswoman Lisa Powers wrote in an email that the $200,000 bonus was a signing bonus that Spanier recieved on July 1, 2010 when he signed a contract extension. Andrea Fuller, a reporter at the Chronicle who oversaw the report, said the methodology changed from years past. Spanier earned $777,832 last year based on the new system, she said. Fuller said bonuses have had a large effect on this year’s ranking. Spanier did not receive a bonus in 2009, according to the previous list. “Bonuses come and go and that really affected our top rankings this year,” she said. “Our rankings are often dependent on those kind of elements.” Fuller also said Spanier has traditionally been high on the Chronicle’s list. She said the figures can be hard for some people to understand, as things like “deferred compenstation” only exist “in a really narrow realm of society.” “They change from year-to-year based on components like this, not just based on increases in their salary,” Fuller said.