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.

Florida’s leading tackler a game-time decision vs. Georgia

GAINESVILLE, FL - SEPTEMBER 03: Ross Comis #2 of the Massachusetts Minutemen passes Jarrad Davis #40 of the Florida Gators to score a touchdown during the first half of the game at Ben Hill Griffin Stadium on September 3, 2016 in Gainesville, Florida. (Photo by Rob Foldy/Getty Images)
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Whether Florida will have its leading tackler for its annual rivalry game with Georgia won’t be known (still) for another couple of days.

The good news is that, for the first time since severely spraining his ankle in the Week 7 win over Missouri, Jarrad Davis returned to practice Wednesday, albeit on a limited basis.  If the linebacker takes the field for the UGA game, it won’t be known until Saturday shortly before kickoff.

“Obviously, that will be one of those that it’s got to be right with him, got to be right with the doctors. We’ll see. Kind of game time,” head coach Jim McElwain said. “I thought he moved pretty well. One of the tackling circuits he got beat up by one of the sleds. The sled bit back, but it was good to see. The opportunity to play in this game is something that’s real special and that guy is a real big part of our team. He’ll do anything he can to help us.”

Davis currently leads the Gators in tackles with 48 and is tied for second on the team with 3.5 tackles for loss.

While the status of Davis remains up in the air, McElwain did confirm that two starting defensive linemen, end Jordan Sherit and tackle Joey Ivie, will play against the Bulldogs.  Sherit underwent arthroscopic surgery three weeks ago while Ivie had surgery performed on his thumb the week before.  Additionally, starting defensive end Bryan Cox has a chance to play despite his own thumb injury.

BYU, Utah announce ‘Holy War’ extension through 2022

LAS VEGAS, NV - DECEMBER 19:  Quarterback Travis Wilson #7 of the Utah Utes runs for a touchdown against defensive back Micah Hannemann #7 of the Brigham Young Cougars during the Royal Purple Las Vegas Bowl at Sam Boyd Stadium on December 19, 2015 in Las Vegas, Nevada. Utah won 35-28.  (Photo by Ethan Miller/Getty Images)
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Thankfully, one of the more underrated in-state rivalries isn’t going away anytime soon.

BYU and Utah announced Thursday that the schools have reached an agreement on a two-game extension of their series.  The Cougars will host the first game of the extension Sept. 11, 2021, in Provo while the Utes will return the favor Sept. 3 the following season in Salt Lake City.

The schools had previously agreed to games from 2017 through the 2020 season.

“BYU-Utah is one of the great college rivalries in the country. There’s a lot of history and tradition between the two schools and I’m glad we were able to extend the series through 2022,” said BYU athletic director Tom Holmoe in a statement. “I’ve loved this rivalry as a player, coach and administrator, and look forward to the future games.”

The teams have played 91 times since the series kicked off in 1922.  The Utes hold a 56-31-4 advantage all-time, including a 20-19 win earlier this season.

Jimbo Fisher rules Derwin James out of Clemson game

ORLANDO, FL - SEPTEMBER 05:  Derwin James #3 of the Florida State Seminoles reacts after a play against the Mississippi Rebels during the Camping World Kickoff at Camping World Stadium on September 5, 2016 in Orlando, Florida.  (Photo by Streeter Lecka/Getty Images)
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When Derwin James went down with a torn meniscus in Week 2, Florida State had the Clemson game circled as a potential date for a return.  Unfortunately for both the player and the team, that won’t be the case.

On his weekly call-in show Wednesday night, Jimbo Fisher confirmed that James and his surgically-repaired knee will not play in the Seminoles’ game this Saturday against the Tigers.  There is still no timetable for the sophomore safety’s return.

Hopefully Derwin will be back here soon,” the head coach said.

One thing apparently off the table is a redshirt for James as Fisher said if the defensive back can return at any point this season he will.

The Clemson game will mark the sixth straight missed by James.  FSU will close out the regular season against North Carolina State (Nov. 5), Boston College (Nov. 11), Syracuse (Nov. 19) and Florida Nov. 26).

In less than two full games this season, James was credited with 11 tackles and also has an interception.

As a true freshman last season, James’ 91 tackles were second only to Reggie Northrup’s 94. He was also second on the team in tackles for loss (9.5) and sacks (4.5).

For that, he was named a consensus freshman All-American and third-team All-ACC.  This offseason, he was named to the Bednarik AwardNagurski Trophy and Thorpe Award watch lists, and is widely considered one of the most talented players on the defensive side of the ball in the country.

FAU loses starting right tackle to season-ending injury

BOCA RATON, FL - OCTOBER 10: Head coach Charlie Partridge of the Florida Atlantic Owls looks on during the fourth quarter of the game against the Rice Owls at FAU Stadium on October 10, 2015 in Boca Raton, Florida.  (Photo by Rob Foldy/Getty Images)
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As Florida Atlantic looks to put a halt to a six-game losing streak, tied with Bowling Green, Fresno State and Kansas for the longest such streak nationally, they’ll have to do so without a starting piece of their offensive line.

Head coach Charlie Partridge announced Wednesday that Bryan Beck will miss the remainder of the 2016 season because of injury. Specifically, the right tackle has an unspecified knee injury.

Beck was pushed into the starting lineup because of a knee injury to senior Kelly Parfitt.

“We’ll attack this challenge like we have the rest of them,” Partridge said of the latest injury setback for his offensive line.

According to the Sun-Sentinel, the Owls will be using their eight different line combination this weekend. Saturday’s game against Western Kentucky will be FAU’s eighth this season.

A redshirt freshman, Beck has started four games this season. Three of those starts came in the last three games in place of the injured Parfitt.