File photo of Penn State head coach Paterno talking with assistant coach McQueary during Capital One Bowl NCAA football game in Orlando

Whistleblower law keeping McQueary on the job?


A lot of the focus in the two days since Joe Paterno and Graham Spanier were fired has shifted to the question of why those two are out and yet Mike McQueary is still gainfully employed by Penn State.

McQueary, as you no doubt know by now, was a 28-year-old graduate assistant in 2002 when, according to the grand jury’s presentment in the Jerry Sandusky child rape case, he witnessed Sandusky sodomizing a 10-year-old boy in a football building shower.  His actions in the moment and after the fact have led to a firestorm of criticism for the current wide receivers coach/recruiting coordinator and many, many other school officials.

The reasons why he wasn’t shown the door along with Paterno and Spanier, however, may be legal in nature.

A partner at a Philadelphia law firm tells the Patriot-News that McQueary could be protected from being fired or forced to resign due to his status as a whistleblower.  Under Pennsylvania law, a whistleblower is defined as a “person who witnesses or has evidence of wrongdoing or waste while employed and who makes a good faith report of the wrongdoing or waste, verbally or in writing, to one of the person’s superiors, to an agent of the employer or to an appropriate authority.”

Per his grand jury testimony, McQueary took the allegation of wrongdoing involving Sandusky to his superiors — first Paterno, and then athletic director Tim Curley.  As “a public body” as defined in the state’s statute, and if McQueary is indeed a whistleblower in the legal sense, Penn State would be forbidden from doing the following:

(a) PERSONS NOT TO BE DISCHARGED — No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste .

(b) DISCRIMINATION PROHIBITED — No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee’s compensation, terms, conditions, location or privileges of employment because the employee is requested by an appropriate authority to participate in an investigation, hearing or inquiry held by an appropriate authority or in a court action.

One of Penn State’s’s trustees hinted to the paper that the whistleblower law may indeed prevent the university, if it wanted to, from relieving McQueary of his coaching duties.

“He’s a witness. He’s different from the others, so he has to be treated differently,” emeritus trustee Boyd Wolff said.

While McQueary is still employed, he will not coach this Saturday’s game against Nebraska.  The school announced Thursday that, due to multiple threats made against the assistant, “McQueary will not be in attendance” at the game.

Hokies QB Brewer a gametime decision, but RB Williams out for the year

Michael Brewer
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Virginia Tech has been playing just about the whole season without starting quarterback Michael Brewer after the Hokies signal-caller broke his collarbone in the first game of the season. Now, Brewer is on his way back to the field. Brewer has been medically cleared to return to practice in Blacksburg. It may still be another few weeks until he gets back in a game for Virginia Tech.

Brewer broke his collarbone in Virginia Tech’s season-opening loss to Ohio State. Once he left the game, it seemed the Hokies were unable to give the defending national champions much of a fight for a second straight season. He was originally expected to miss eight to 10 weeks of action, which would have meant a return for a Halloween game against Boston College as the earliest likely date. Virginia Tech has a bye week after the Boston College game, meaning Brewer could then be available for a Thursday night division game against Georgia Tech on November 12. Considering all of that, the chance Brewer might be available to play this Friday night against N.C. State is quite a pleasant surprise for a Virginia Tech team in need of some help after dropping to 2-3 after a second straight loss last weekend. Andy Bitter of The Roanoke Times says Brewer could be a gametime decision for Frank Beamer.

The outlook is not quite as possible for Hokies running back Marshawn Williams. Williams will be out for the rest of the season after reinjuring his left knee in practice in late September. It is the same knee that was surgically repaired last December. Williams can use this season as his redshirt season as he has not played in a game this season. He will still have three years of eligibility remaining when he returns to the team next fall.

Mike Leach discusses presidential candidates, political correctness, pizza and says WSU has better facilities than Oregon

Mike Leach

wherever and whenever Washington State head coach Mike Leach opens his mouth, we will be listening. In a recent radio interview with John Canzano, Leach shared his thoughts on the presidential races heating up, the need to remove political correctness and the superior athletics facilities at Washington State compared to what is offered at Oregon.

Leach offered his take on the current status of the GOP race, saying if Donald Trump continues to rise that some other candidates will soon back out and others will “kiss the ring and hope for cabinet positions.”

I think honestly the single biggest issue in this election and country for quite some time is you have to eradicate political correctness. Unless it’s eradicated, you know, we can’t move forward.”

On the topic of football, Leach was asked what has held Washington State back from becoming a winning program. Leach reflected on the steps the program has taken to improve the program, which has seen improvements with facilities that have helped through recruiting, although Leach said it’s been tough because acquiring the talent has been a slow process. He was quite proud of Washington State’s facilities though.

“We have the best facilities in America, certainly within the conference, including Oregon,” Leach said. “We’ve had those for a year that helped accelerate the recruiting effort.”

Given a chance to back peddle from that statement, Leach, as you might expect, did not rescind or amend his previous comments.

You can listen to the full interview here. It is a good listen. He also wants to know where the best pizza place in Portland, Oregon is. You will learn he likes New York style pizza.