This morning former FBI Director Louis Freeh issued his highly anticipated report (the "Freeh Report") concerning the actions of the Pennsylvania State University surrounding child abuse committed by former Penn State football assistant coach Jerry Sandusky. The Freeh Report, released to the public and the university simultaneously, found multiple examples of failures by university personnel to respond to and prevent sexual abuse of children, concluding that senior Penn State leaders demonstrated "total and consistent disregard...for the safety and welfare of Sandusky's child victims." Freeh's investigation also uncovered e-mail and other evidence challenging statements by key members of the university administration that they were unaware of the sexual nature of Sandusky's inappropriate conduct. The Freeh Report presents compelling reminders and helpful lessons to be heeded by institutions providing service to or facilities used by children, in efforts to ensure programs and procedures are carefully designed and implemented to uncover promptly and to address effectively any instance of abuse.
On November 4, 2011, a Pennsylvania state grand jury issued a report detailing a number of alleged incidents of sexual abuse by Sandusky against young boys over a period of more than a decade. Among those incidents was an alleged sexual assault in 2001 by Sandusky on a young boy in a Penn State shower room. That assault was witnessed by a graduate assistant, Michael McQueary, who subsequently reported the incident to legendary Penn State football coach Joe Paterno. McQueary's report was relayed to Athletic Director Tim Curley, Senior Vice President Gary Schultz and President Graham Spanier. According to the grand jury report, Paterno, Curley, Schultz and Spanier all claimed they did not understand McQueary's report to allege sexual misconduct. Sandusky's conduct was never reported to law enforcement or the Pennsylvania Department of Public Welfare.
In June 2012, Sandusky was convicted of 45 counts of child sexual abuse. Curley and Schultz are awaiting trial on charges of perjury and failure to report Sandusky's abuse pursuant to Pennsylvania's mandatory reporting statute. McQueary, Paterno (who died in January 2012) and Spanier have not been accused of any criminal wrongdoing.
The Freeh Report
Freeh and his firm were retained by a task force established by the Penn State Board of Trustees shortly after the grand jury report was issued to investigate the university's actions with regard to Sandusky's alleged child abuse. During the course of their investigation, Freeh and his team interviewed more than 430 current and former Penn State employees and others and reviewed 3.5 million pages of e-mails and other documents. The investigation focused not only on the specific allegations of the 2001 incident but also on university policies and protocols generally and the culture of the football program in particular.
Among the key findings detailed in the Freeh Report:
The Freeh Report concludes by making 120 specific recommendations to prevent similar failures from occurring again at the university. Among those recommendations are suggestions that Penn State:
The goal of these recommendations, according to Freeh, is to "create a more open and compliant culture, which protects children and not adults who abuse them."
To be sure, the Freeh Report is not the last word in the Sandusky/Penn State scandal. Key figures such as Spanier, Curley, Schultz and the family of Joe Paterno are likely to take issue with some or all of its findings. Additional evidence will arise in the Curley and Schultz perjury trials, in the ongoing and expected civil suits against Sandusky and Penn State, and in conjunction with investigations under way by the Pennsylvania attorney general, the NCAA, the U.S. Department of Education and the United States Attorney's Office. Still, the findings and recommendations contained in the Freeh Report provide helpful lessons for any institution intent on providing a safe environment for children.
Our lawyers have significant experience advising clients on designing and implementing policies and procedures to minimize the potential for child abuse and related governance matters and, if necessary, addressing effectively allegations of child abuse if they occur. If you have any questions concerning the Freeh Report, please contact any of the lawyers listed in this alert.
On October 10, James Bowers will share his personal perspectives on the History of Slavery and Race in South Carolina at UConn School of Law.
Day Pitney Alert
Rachel Gonzalez, Mary Rogers and Patrick McCarthy wrote an article "NLRB Eases Organizing of Temporary Workers" for CBIA’s H&R Safety Newsletter on the impact of the recent decision of the National Labor Relations Board (NLRB).
Dan Schwartz and James Leva wrote an article, "Where New Conn. Ban-The-Box Law May Be Headed," for Law360. The article outlines what employers need to know about Connecticut's recently enacted "ban-the-box" law, titled "An Act Concerning Fair Chance Employment."
Day Pitney Alert
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Hartford, Conn., May 26, 2016 - Day Pitney LLP is pleased to announce that Employment and Labor attorney Albert Zakarian has been chosen as a Lifetime Achievement winner of The Connecticut Law Tribune’s second annual Professional Excellence Awards 2016. The Professional Excellence Awards 2016 recognize 28 lawyers, who were chosen from over 60 nominees, as either Lawyer of the Year or Lifetime Achievement recipients, according to The Connecticut Law Tribune. The Lifetime Achievement Awards honor "attorneys who have excelled over a career."
John McLafferty was quoted in an article, "Final overtime regulations less drastic than feared," in Massachusetts Lawyers Weekly. In the article, McLafferty discusses how the Department of Labor’s final revised federal overtime regulation will impact businesses. "The reality is that the rule made more people eligible for overtime; it didn’t create any obligation for employers to pay more overtime," he said. McLafferty added that the regulation’s impact on employees could have a wider effect on office culture and policies, which may affect a company’s ability to attract and retain workers. In addition, he noted that employers should take this opportunity to ensure that all of their employees are properly classified for overtime purposes.
Albert Zakarian has been chosen as a winner of The Connecticut Law Tribune's second annual Professional Excellence Awards. The awards recognize two dozen lawyers for outstanding service to the profession during their long careers. The publication received more than 70 nominations. Profiles of awardees will appear in the Law Tribune in May. An event will also be held in May to recognize the winners. More about the awards can be found here.
Howard Fetner was quoted in an article, "Judge Allows Company to Withhold Benefits From Departing Employee," in The Connecticut Law Tribune. Fetner represented Community Health Center, Inc. (CHC), a statewide company that provides health care services to low-income patients, in a case in which a former CHC employee sought to recover compensation for unused paid time off. Following a trial, the court ruled in favor of CHC, reinforcing an employer's right to condition the payment of compensation for accrued fringe benefits upon an employee's giving a specified amount of advance notice of termination.