Penn State scandal

Former Penn State football coach Joe Paterno fulfilled hislegal obligation in the university’s sex abuse scandal, a local professor ofsports law and torts said today. 

“He has a lawyer and I think it’s possible that they will belooking 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 isplaying it safe.”

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

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

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

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

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

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

“It does seemto be that Division 1 football is getting to be such an incredibly expensiveenterprise [and] that people will do a lot to see that this enterprisecontinues 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 2009-2010season.

Phillips said it’s likely that university officials knewmore details about what was happening and covered it up to protect the schooland the football program. The grand jury reports also revealed the frequency ofSandusky’s alleged encounters with the children. He did, however, have a coverthrough his Second Mile football camp, which may be why the alleged abuse wenton for so long, Phillips said.