March 18 2013 12:00 AM

Paterno in clear legally but perhaps not ethically, local sports law expert says

Former Penn State football coach Joe Paterno fulfilled his
legal obligation in the university’s sex abuse sca
phillips.jpgndal, a local professor of
sports law and torts said today. 

“He has a lawyer and I think it’s possible that they will be
looking for some legal violations,” Cooley Law School professor Ernie Phillips.
“But I don’t see that he would have any legal responsibility. I think he is
playing it safe.”

To make a case against Paterno, Phillips said, the
plaintiffs have to show that he breached a legal duty owed to the victims of
the alleged abuse.

However, Phillips believes Paterno could have followed the
situation more closely. The coach should have kept an eye on Jerry Sandusky,
the former defense coordinator who has been charged in the case and monitored
whether university sanctions were imposed, he said.

“I think it was just odd that he would not have more
knowledge about the severity and frequency with which [Sandusky] was involved,”
said Phillips, adding that was an ethical matter, not a legal

Legal responsibility in the case should instead go to
Sandusky and the university officials who allegedly covered up the case, he
said. This applies to both criminal and civil liability.

Phillips categorized the case as an “institutional
conspiracy” meant to protect the football program.

Phillips said that grand jury reports say communications
about the incident spread through the university, although it’s not clear what
was initially reported and what made it to President Graham Spanier, whom the
Board of Trustees fired Tuesday along with Paterno.

“It does seem
to be that Division 1 football is getting to be such an incredibly expensive
enterprise [and] that people will do a lot to see that this enterprise
continues on to generate the revenue that it requires,” Philips said.

According to Forbes magazine sports columnist Kristi Dosh,
Penn State’s football program brought in over $70 million during the 2009-2010

Phillips said it’s likely that university officials knew
more details about what was happening and covered it up to protect the school
and the football program. The grand jury reports also revealed the frequency of
Sandusky’s alleged encounters with the children. He did, however, have a cover
through his Second Mile football camp, which may be why the alleged abuse went
on for so long, Phillips said.