Showing posts with label Paterno. Show all posts
Showing posts with label Paterno. Show all posts

Tuesday, March 17, 2015

Court Testimony Proves Penn State Trustees Scapegoated Paterno, then Lied About It

It is now easy to see why the controlling majority of Penn State's Trustees fought tooth and nail against the Corman and Paterno lawsuits against the NCAA, despite the benefits of those suits to Penn State. Trustees Kenneth Frazier and Keith Masser were forced to admit in sworn depositions that the Board, as of March 2012, not only scapegoated Coach Joe Paterno; they lied about it to the organization to which they owe a fiduciary duty.

This means every single member of the Board as of March 2012 not only scapegoated a subordinate--by itself cause to disqualify somebody for any position of supervisory responsibility--but then lied about it. Somebody who crosses this line--lying to the organization to which one owes a fiduciary duty--is ethically capable of lying to stockholders, clients, employees, customers, suppliers, and other organizational stakeholders.

Proof that the Board Scapegoated Joe Paterno



Here is what Kenneth Frazier, CEO of the Merck Corporation, had to say in his deposition in the Corman lawsuit against the NCAA. http://av.pasenategop.com/ncaa/discovery/depositions/ken-frazier/transcripts/frazier.pdf

Q. Were you in favor of the decision not to allow Coach Paterno to coach out the rest of the season.
 A. Ultimately, I was in favor of that.
Q. Initially, did you have some reservations?
A. I did.
Q. Just explain your thought process and how you became in favor of that decision.
A. Just as I said in the case of Mr. Curly, my initial feeling was, when I first heard about this, that the facts had not been established and we needed to be careful to make sure we understood the facts. As I was in -- in that 48-hour time period read the grand jury presentment, I reached the conclusion that given what had become public about the issues leading up to the presentment and given what was said in the presentment itself about Coach Paterno's testimony and about what the graduate student said to Coach Paterno, I felt that it would not send the right message if Coach Paterno was able to lead the football team out onto the field of play under those circumstances. So I didn't change my mind on the question of whether we had established all the key facts that related to Coach Paterno's involvement and/or responsibility. But I had reached the conclusion that, from the standpoint of what the University's values would be interpreted to be by the broader public, that what was known was sufficiently serious as it relates to child sexual abuse that it would send the wrong message about our values as a University if Coach Paterno were allowed to coach as though none of this had ever happened.

This is an open admission that the 11/9/2011 Board fired Joe Paterno not for anything he had done or hadn't done, but to appease public opinion. Keith Masser's deposition makes this even more explicit.



“When pressed for a reason why Paterno was let go, Masser said: “The decision to remove Coach Paterno had nothing to do with what he had known, what he hadn’t done. It was based upon the distraction of having him on the sidelines would have caused the university and the current football team harm. It had nothing to do with what Coach Paterno had done, or hadn’t done.

 These depositions establish as a fact that the 11/9/2011 Board of Trustees fired Coach Paterno solely to appease public opinion, and then the Board lied about this in subsequent statement in March 2012. The Board not only lied, it defamed Coach Paterno (had he still been alive) with the false statement that he had been fired for cause.

The Entire Board Lied to the Public and to Penn State



"While Coach Paterno did his legal duty by reporting that information the next day, Sunday, March 3, to his immediate superior, the then Penn State Athletic Director Tim Curley, the Board reasonably inferred that he did not call police. We determined that his decision to do his minimum legal duty and not to do more to follow up constituted a failure of leadership by Coach Paterno. …At about 9 pm, we unanimously made the difficult decision that Coach Paterno’s failure of leadership required his removal as football coach."


That's very interesting because Mr. Frazier and Mr. Masser both testified that Paterno was not fired for any cause whatsoever, but to appease public opinion. The clarity we have from this evidence is that Penn State's Board of Trustees issued a dishonest public statement in March 2012, and that the service of the following individuals is now marred. And we have to step back and ask, what does that mean?

  • Kenneth "people that look like you who think the O.J. Simpson verdict was correct" Frazier, the CEO of the Merck Corporation, lied (in March 2012) to the public and to the organization to which he owed a fiduciary duty. We have had our fill of this individual telling the Nittany Lion to shut up and take his Vioxx.
  • Karen Peetz, President of BNY Mellon, is a liar. This is the individual who said Paterno's service was marred, and whose unauthorized affirmation of the Freeh Report's findings on Penn State's behalf gave the NCAA the fig leaf it needed to impose its illegitimate sanctions.
  • John Surma, former CEO of U.S. Steel, is a liar.
  • Tom Corbett, former Governor of Pennsylvania, is a liar.
  • Keith Eckel is a liar.
  • Keith Masser (current Board Chairman) is a liar.
  • Every single other member of the Board who was a party to the statement above is a liar.

 These people and their colleagues were given every possible opportunity to make right the harm they caused the University, but they chose instead to put personal agendas ahead of a Penn State agenda (State Senator John Yudichak's assessment). As a result, evidence has now come out that shows they not only scapegoated an employee, but also lied about it. So, here we are.

Monday, October 6, 2014

NCAA: Time to Settle with Paterno and Corman



Sent 10/6/14
To: NCAA Executive Committee, Division I
cc: PSU alumni networking

Unlike Penn State Trustees Karen Peetz and Kenneth Frazier when they affirmed the Freeh Report’s findings on Penn State’s behalf without authorization by a vote from the Board of Trustees, I need to say up front that I am speaking as an individual, with NO authority to negotiate on behalf of anybody involved in the two current lawsuits against the NCAA. I am also not an attorney, and cannot give anybody legal advice. Having said that, here is the NCAA’s current situation.  If the Paterno family and Senator Corman have to press their lawsuits home, the NCAA could easily be hit with scathing court decisions that reflect on its fitness to regulate college athletics or serve as a role model for college athletes. Nobody has any use for a bully who misuses his authority, or a capricious and arbitrary referee who makes up rules rather than going by the book.

(1)   The Commonwealth’s courts have taken a very dim official view of the sanctions in question, and Judge Anne Covey just said that the NCAA and Penn State were trying to usurp her court’s authority by continuing to agree to the sanctions.
·         The Commonwealth Court’s opinion of 4/09/2014 (409, as in the number of Coach Paterno’s victories) hinted not only that the sanctions were illegitimate, but also that the Trustees whom Mark Emmert says are supportive of the sanctions were derelict in their fiduciary duty for not challenging them. Allies like that are weaknesses, and not assets.
·         State Senator Yudichak added that their recent (August 2014) support of the sanctions proved that personal agendas, and not a Penn State agenda, are driving the Board’s actions.
(2)   The NCAA based its sanctions on “Penn State’s” acceptance of the Freeh Report’s findings that Penn State administrators and Coach Paterno covered up for Jerry Sandusky.
·         Penn State never accepted the Freeh Report’s findings, as proven by the absence of any vote in the July 2012 Board meeting along with statements from Trustees Joel Myers and Anthony Lubrano. The NCAA knew or should have known that Peetz and Frazier had no authority to speak for the University.
(3)   The NCAA’s own recently published guidelines on sexual violence and harassment prove that Coach Paterno did what he was supposed to do, and would have violated the NCAA’s rules by “doing more.” That, ladies and gentlemen, is known as tripping over one’s own feet.
(4)   NCAA head Mark Emmert and former Penn State President Rodney Erickson say the NCAA threatened Penn State with the death penalty. NCAA official Ed Ray says the death penalty was never on the table, and Ameen Najjar went even further by saying Erickson sold Penn State down the river.
(5)   Louis Freeh is becoming more problematic on a daily basis.
·         Freeh just stepped down as head of his law firm, and now his investigative work regarding the BP oil spill is being questioned officially.
·         Former Homeland Security chief Michael Chertoff accused him of acting as a hired gun (unprofessional conduct) in his investigative report for Wynn Resorts.
·         A European court for sports regulation found his work for FIFA to be substandard.
·         His work for Penn State is riddled with contradictory and dishonest statements.
(6)   E-mails obtained per a Freedom of Information request show that Kenneth Frazier, one of the leading Trustees who supports the Consent Decree, sent Freeh a link to an ESPN story very hostile to Coach Paterno and Penn State’s “football culture” while Freeh’s purportedly confidential and independent investigation was still in progress.

The NCAA needs to realize that, if it hasn’t yet figured it out, that it is in this position because of Penn State’s Trustees, and I mean in particular those whom the NCAA says support the sanctions. Those Trustees will drag the NCAA’s credibility down with their own if this controversy continues much longer. I think the NCAA needs to talk to the plaintiffs and their attorneys about a face-saving way to revoke all the sanctions while the NCAA can still maintain the dignified outward appearance of having some control over the outcome, and let the Trustees who are still scrambling to cover up their mismanagement of the Sandusky scandal fend for themselves.