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Paterno gone, but questions at Penn State remain
Elsewhere, in forums online, and in comments on other websites, others called for McQueary to be fired, but the assistant coach could be protected as a whistleblower.
Gerald J. Williams, a partner at a Philadelphia law firm, said Pennsylvania law is broad in protecting a person who reports wrongdoing, as long as that person is part of a governmental or quasi-governmental institution, of which Penn State would be one.
That protection includes any kind of adverse employment action _ such as being fired, demoted, ostracized or punished _ although a court, ultimately, would determine whether the person is protected if they bring a claim, Williams said.
The penalty on an employer can include monetary damages, attorneys’ fees and reinstatement of the employee, he said.
Sandusky, Paterno’s onetime heir apparent, has been charged with molesting eight boys over 15 years. Athletic director Tim Curley and university vice president Gary Schultz have been charged with perjury and failure to report the 2002 assault to police, as required by state law.
All three maintain their innocence.
In Texas, San Antonio police Sgt. Chris Benavides said his department was “looking into the possibility that an offense may have happened” when Penn State’s team was there for the Alamo Bowl in 1999.
The grand jury report said one of Sandusky’s alleged victims was on the trip with him and he threatened to send him home.
Paterno is not a target of the criminal investigation, having fulfilled his legal requirement by reporting what McQueary told him to Curley and Schultz. But the state police commissioner called Paterno’s failure to contact police or follow up on the incident a lapse in “moral responsibility.”
Paterno has acknowledged that he should have done more but has not said why he didn’t go to the police, nor has he said whether he was aware of any earlier alleged assaults. Aside from a few brief comments outside his house and two statements, Paterno has not spoken publicly since Sandusky was indicted.
McQueary told the grand jury that he saw Sandusky sodomizing a boy of about 10 in the showers at the Penn State football building in March 2002. McQueary later told Paterno, Curley and Schultz what he’d seen, according to the grand jury report.
Curley and Schultz _ as well as Paterno _ testified that they were told that Sandusky behaved inappropriately in that 2002 incident, but not to the extent of McQueary’s graphic account to the grand jury.
McQueary has not spoken publicly. His mother, Anne, said Thursday they have been advised not to comment.
Then 28, McQueary was “distraught” after witnessing the alleged 2002 assault, according to the indictment. Yet it appears he may have continued to participate in fundraising events with Sandusky _ including one held less than a month later.
Sandusky was a coach at a March 28, 2002, flag-football fundraiser for the Easter Seals of Central Pennsylvania, and McQueary and other Penn State staff members participated by either playing or signing autographs, according to a “Letter of special thanks” published in the Centre Daily Times.
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