Whistleblower law keeping McQueary on the job?

38 Comments

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.

Suspended Michigan State staffer receives another contract extension

Getty Images
Leave a comment

Michigan State has added another one-month extension to the contract of suspended football staffer Curtis Blackwell as the school continues to investigate several sexual assaults involving the Spartans.

A schools spokesman confirmed the extension to the Detroit Free Press on Friday.

The move comes on the heels of a previous one-month contract extension for Blackwell that came at the end of March. His official title is that of the team’s director of college advancement and performance and he was hired by head coach Mark Dantonio back in 2013 after running a number of major recruiting camps in the region.

Blackwell was originally suspended back in February as the school and police began multiple investigations related to sexual assaults. According to reports, one Michigan State staff member had an arrest warrant issued for obstructing an investigation but he was never publicly identified by the school.

Probes into the matter, including a Title IX investigation, remain ongoing in East Lansing. The football team recently wrapped up practice missing over a dozen players in the spring game so it appears this wide-ranging scandal that has embroiled the Spartans is not going to be over anytime soon.

Ex-USC coach finally lands court date with NCAA over Reggie Bush case

Getty Images
1 Comment

After years and years of meandering through the court system, former USC running backs coach Todd McNair finally has his day in court with the NCAA.

ESPN is reporting that the two parties will meet in Los Angeles County Superior Court on April 18, 2018. The trial will finally get underway next year after nearly a decade of appeals on both sides.

McNair was the Trojans’ running backs coach during the glory days under Pete Carroll and responsible for coaching or recruiting many of the team’s top players. He was one of the few links to the program that the NCAA cited when determining that former star Reggie Bush received extra benefits, later leading to brutal sanctions back in 2010. McNair was given a one-year show-cause as a result of the Committee on Infractions findings and never coached again after the school let his contract expire shortly thereafter.

That wasn’t the end of the story however, as McNair later filed a defamation lawsuit against the NCAA in which he accused the association of violating protocol and showing bias against himself and the program in order to level unprecedented sanctions. Documents in the case have continued to seep out that have given credence to McNair’s case and the NCAA’s lawyers have fought bitterly at every turn in order to prevent the trial from actually getting underway.

Those efforts were unsuccessful however and it appears an already nasty legal battle is still not over. It remains to be seen if the trial will even happen, as a settlement could eventually take place between now and next April. If it does indeed go in front of a jury though, it just might be one of the most fascinating insights into one of the biggest NCAA scandals of the past few decades.

Biletnikoff Award semifinalist Jonathan Giles announces transfer from Texas Tech

Getty Images
Leave a comment

Thursday may have been a high point for the Texas Tech football program upon learning that former quarterback Patrick Mahomes was taken in the top 10 of the 2017 NFL Draft.

On Friday afternoon though, the Red Raiders dipped right back down as star wide receiver Jonathan Giles took to Twitter to announce that he was leaving the program and transferring out of Lubbock.

Giles was a Biletnikoff Award semifinalist a season ago after catching 69 passes for 1,158 yards and 13 touchdowns. Those numbers led the team in each category despite trailing off a bit down the stretch as Tech missed out on a bowl game.

Playing time could have been a big factor in the decision to leave the program as both Cameron Batson and Keke Coutee emerged as the top receiving targets and Giles was relegated to second-team status coming out of spring practice.

Tech’s Air Raid system and NFL quarterbacks had a lot to do with Giles’ big numbers but it’s fairly rare to see such highly touted and productive wideouts hit the transfer markets. While the decision probably isn’t what some Red Raiders fans wanted to hear on Friday, the receiver probably won’t be lacking for options when it comes to his next stop.

Pitt dismisses senior defensive tackle for disciplinary reasons

Getty Images
Leave a comment

Bad news in college football is typically reserved for Friday and it appears the Pitt Panthers just got a taste of some.

Per Pittsburgh Tribune-Review beat writer Jerry DiPaola, head coach Pat Narduzzi has dismissed starting defensive tackle Jeremiah Taleni for disciplinary reasons.

Taleni emerged as a starter down the stretch for the Panthers and will be a big loss up front for the team as they already have to replace the stellar production from the soon-to-be-drafted Ejuan Price.

No further comments were given when the school confirmed the news so it might be a while before we find out what led to Taleni’s dismissal and whether he plays college football at all next season.