Louis  Freeh, Ken Frazier

Louis Freeh responds to Paterno family critique

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Earlier this morning, the Paterno family released a lengthy critique of the Freeh report, which was released last summer documenting Penn State’s inaction in the Jerry Sandusky scandal. It’s so lengthy, we’re still working through it.

But Louis Freeh has published a response to the critique.

Here is it in its entirety (via):

I respect the right of the Paterno family to hire private lawyers and former government officials* to conduct public media campaigns in an effort to shape the legacy of Joe Paterno.

However, the self-serving report the Paterno family has issued today does not change the facts established in the Freeh Report or alter the conclusions reached in the Freeh Report. Joe Paterno’s own testimony under oath before the grand jury that investigated this horrific case is of critical importance. Mr. Paterno testified in 2011 that he knew from Michael McQueary in 2001 that McQueary had seen Sandusky “fondling, whatever you might call it — I’m not sure what the term would be — a young boy” in the showers at the Lasch Building. Mr. Paterno explained, “[o]bviously, he was doing something with the youngster. It was a sexual nature. I’m not sure exactly what it was. I didn’t push Mike to describe exactly what it was because he was very upset.” Years later, Mr. Paterno would explain to a reporter he chose to discuss the event with that he told McQueary, “I said you did what you had to do. It’s my job now to figure out what we want to do.”

As detailed in my report, the e-mails and contemporary documents from 2001 show that, despite Mr. Paterno’s knowledge and McQueary’s observations, four of the most powerful officials at Penn State agreed not to report Sandusky’s activity to public officials. As made clear in the attachments to our report, on February 25, 2001, Messrs. Spanier, Curley and Schulz agreed to report Sandusky’s abuse to the Pennsylvania Department of Public Welfare. On February 27, 2001, these men agreed that reporting to DPW was not required, reasoning in the words of Graham Spanier that “[t]he only downside for us is if the message isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it.” The only known, intervening factor between the decision made on February 25, 2001 and the agreement not to report on February 27, 2001, was Mr. Paterno’s February 26th conversation with Mr. Curley regarding what to do about Sandusky. Again, this conversation was memorialized in the contemporary email, where Mr. Curley said “[a]fter giving it more thought and talking it over with Joe yesterday — I am uncomfortable with what we agreed were the next steps.” Curley’s message continued:

I am having trouble with going to everyone, but the person involved. I think I would be more comfortable meeting with the person and tell him about the information we received. I would plan to tell him we are aware of the first situation. I would indicate we feel there is a problem and we want to assist the individual to get professional help. Also, we feel a responsibility at some point soon to inform his organization and [sic] maybe the other one about the situation. If he is cooperative we would work with him to handle informing the organization. If not, we do not have a choice and will inform the two groups. Additionally, I will let him know that his guests are not permitted to use our facilities. I need some help on this one. What do you think about this approach?

During the investigation, we contacted Mr. Paterno’s attorney in an attempt to interview Mr. Paterno. Although Mr. Paterno was willing to speak with a news reporter and his biographer at that time, he elected not to speak with us. We also asked Mr. Paterno’s attorney to provide us with any evidence that he and his client felt should be considered. The documents provided were included in our report.

Further, the Pennsylvania Attorney General specifically requested our staff not to interview Mr. McQueary so as to not interfere with the criminal prosecution of Sandusky. Nevertheless, we had access to sworn testimony by Mr. McQueary at the preliminary hearing as well as the Sandusky trial, where Mr. McQueary was thoroughly cross examined by several defense lawyers. Mr. Curley and Mr. Schultz declined to speak with our staff on advice of their lawyers, despite our numerous interview requests.

Mr. Paterno was on notice for at least 13 years that Sandusky, one of his longest serving assistants, and whose office was steps away, was a probable serial pedophile. Mr. Paterno was aware of the criminal 1998 investigation into Sandusky’s suspected child sexual abuse. Indeed, the evidence shows that Mr. Paterno closely followed that case. Later, in 2001, another one of his assistants, Mr. McQueary, directly reported to Mr. Paterno that Sandusky was sexually abusing a young boy in Mr. Paterno’s Penn State football locker room. The evidence shows that Mr. Paterno purposefully ignored this evidence.

I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade. These men exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

In the past months, Penn State has made a dedicated effort to reform the problems that led to Sandusky’s ability to victimize children on the university campus. I trust that the changes and improvements that Penn State has put in place will help to build a constructive and protective environment where children will not again suffer abuse.

Northwestern remembers Randy Walker 10 years after his passing

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Ten years ago Wednesday, the college football world was rocked by the unexpected and sudden loss of Northwestern coach Randy Walker.

The athletics department produced a touching video tribute to the man who suffered a heart attack at the age of 52, seven years into his tenure in Evanston.

Walker’s death unexpectedly thrust a young former Wildcats linebacker named Pat Fitzgerald into the head coach’s chair.

“I would prefer to be toasting to his longevity right now,” Fitzgerald says in the video.

Walker posted a 37-45 mark at Northwestern, including a surprising 8-4 campaign in 2000.

That followed a successful nine-year run at Miami University, the southwest Ohio school where he was a player.

Report: Ole Miss violations laid out to NCAA by stepfather of Laremy Tunsil

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The Mississippi football program might not find out its NCAA fate very soon, but the rest of the world learned more specifics regarding the accusations the Rebels face Wednesday.

Sports Illustrated published the results of its investigation, including specific allegations levied by a man in the process of getting a divorce from the mother of star offensive lineman Laremy Tunsil.

Lindsey Miller detailed several potentially serious violations involving Tunsil and his family, and SI was able to view some of the information he says he turned over to the NCAA during extensive interviews.

The NCAA’s Notice of Allegations is consistent with Miller’s claims in numerous places, including 12 occasions of free lodging that totaled $2,253. Miller says he told the NCAA those nights were arranged by boosters he met through [Mississippi DL coach Chris] Kiffin, but the NCAA never found that link. Kiffin’s name appears 13 times in the Notice of Allegations, but none of those prove he set Miller up with boosters.

Tunsil was part of a surprisingly star-studded recruiting class in 2013, but head coach Hugh Freeze has consistently defended his program against accusations his recruiting success was thanks to illegal methods.

Freeze, who took over as coach in December 2011, may minimize the NCAA’s case, but nine of the 13 football allegations relate to his tenure there. (Four allegations, including fraudulent ACT scores, occurred under former coach Houston Nutt.) There are four Level I violations under Freeze and a significant Level II failure to monitor charge in which the NCAA says the athletic department and football program failed to monitor Tunsil driving three different loaner cars between August 2014 and June 2015. (That latter allegation is the one Ole Miss is disputing.)

Perhaps complicating matters is the fact Miller went to the NCAA only after having a fallout with Tunsil and his mother, Desiree Polingo, during the summer of 2015.

Polingo denied Miller’s accusations via a statement to SI, and in another statement a lawyer for Tunsil told SI, “You have to consider the source.”

Mississippi has already admitted to 12 of the 13 allegations and self-imposed penalties, but it remains to be seen if the NCAA Committee on Infractions will find the punishment sufficient or more is added.

The full SI story goes into deeper detail about the situations facing not only Ole Miss athletics but also the NCAA enforcement model itself.

NCAA announces common-sense change to bowl selection process

SANTA CLARA, CA - DECEMBER 26:  Andy Janovich #35 of the Nebraska Cornhuskers jumps over Jayon Brown #12 of the UCLA Bruins during the Foster Farms Bowl at Levi's Stadium on December 26, 2015 in Santa Clara, California.  (Photo by Ezra Shaw/Getty Images)
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The NCAA Division I council announced 5-7 teams will still have a chance to make a bowl this fall.

They will have to wait until all of the 6-6 teams have been picked, though.

The common sense rule tweak was announced Wednesday.

Nebraska, Minnesota and San Jose State all made bowls last season despite finishing the regular season 5-7, and coincidentally they all won.

In a statement, Big 12 commissioner Bob Bowlsby, who serves as chair of the football oversight committee, said the postseason selection process “makes sense and is fair to the schools and the bowls.”

APR scores will continue to be used to designate which 5-7 teams are eligible to take up the bowl slots left available after all of the 6-6 teams have been selected.

After swelling to 41 games last season, the postseason is not set to expand again until at least the 2020 season as a result of a moratorium on the certification of new bowls was established by the council in April.

NCAA inquires about additional Sandusky victims from Penn State lawsuit

BELLEFONTE, PA - OCTOBER 09: Former Penn State assistant football coach Jerry Sandusky (C) leaves the Centre County Courthouse after being sentenced in his child sex abuse case on October 9, 2012 in Bellefonte, Pennsylvania. The 68-year-old Sandusky was sentenced to at least 30 years and not more that 60 years in prison for his conviction in June on 45 counts of child sexual abuse, including while he was the defensive coordinator for the Penn State college football team. (Photo by Patrick Smith/Getty Images)
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Penn State and Joe Paterno‘s family have already done their part to return the tragic Jerry Sandusky saga to the news this year.

Now the NCAA apparently wants to join in.

The Centre Daily Times reports the college sports governing body has requested information regarding two men allegedly victimized by Sandusky, a long-time Penn State assistant coach, in the 1970s.

Their stories came to light in a court filing from a lawsuit involving Penn State and an insurer. The school tried to collect on a policy to help pay settlements it reached with more than 30 individuals who accused Sandusky of sexually abusing them.

The university tried to recoup money for those settlements from liability insurer Pennsylvania Manufacturers Association, but PMA challenged that in court. The two men’s cases were revealed in an order by Philadelphia Judge Gary Glazer that referenced their cases, years earlier than the 10 Sandusky was convicted of in 2012. One said he told Paterno.

The CDT story does not give any indication the NCAA might want to revisit the sanctions that were handed down in 2012.

Rather, it is looking for defense fodder in a defamation lawsuit filed by the family of Paterno, the legendary Nittany Lions head coach

The estate claims the college sports oversight group defamed the man who helmed the program from 1966 until his firing in 2011 after the Sandusky story broke.

A key point is the NCAA’s acceptance of the findings of the Freeh report, the university-commissioned investigation of the Sandusky scandal, which placed blame on four Penn State leaders, including Paterno, who died six months before it was released. The NCAA then levied historic sanctions on the university, including stripping 110 wins from the Nittany Lions, dropping Paterno from first place in the leaderboard for most wins by a Division 1 coach.

But in new documents, the NCAA says it needs the information about the two claimants to refute the estate’s defamation claims.

Sandusky was convicted in 2012, and some of the sanctions Penn State agreed to accept from the NCAA were gradually lifted in the following years.

While Sandusky reportedly continues to work on getting his convictions overturned, it’s not hard to imagine Sandusky’s victims and plenty of members of the Penn State community would prefer to move on from the tragedy — allowing both time to heal in whatever way is possible.

The same can most likely be said of current coach James Franklin, who took the job two-plus years ago after coach Bill O’Brien endured the brunt of the storm and maintained solid recruiting despite the sanctions.

During the spring, Franklin told CBSSports.com, “This is really year one for us in a lot of ways,” citing a return to having close to a full allotment of scholarships.