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Travesty at Penn State

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Travesty at Penn State

Postby *YNC* Aloha Nole » May 2nd, 2019, 4:15 am

While I agree that it is asinine that he be charged with a 2007 law, for a 2001 action; the part that I think that is a travesty is the part that I highlighted. PA tax payers have been SCREWED royally for the last 8 years.

------------------------

Ex-PSU president Spanier's conviction overturned

Apr 30, 2019
Associated Press

HARRISBURG, Pa. -- A federal judge threw out former Penn State president Graham Spanier's misdemeanor child-endangerment conviction on Tuesday, less than a day before he was due to turn himself in to begin serving a jail sentence.

The decision by U.S. Magistrate Judge Karoline Mehalchick in Scranton, Pennsylvania, gave state prosecutors three months to retry Spanier under the state's 1995 child endangerment law, the version in place in 2001.

Joe Grace, a spokesman for the attorney general's office, said the decision was under review. Spanier's defense lawyer, Sam Silver, declined to comment.

Mehalchick agreed with Spanier that he was improperly charged under a 2007 law for actions that occurred in 2001, when he was responding to a complaint about former assistant football coach Jerry Sandusky showering with a boy on campus.

"Spanier submits that this retroactive application is unreasonable and far more extensive than anyone in 2001 would have been able to reasonably foresee,'' Mehalchick wrote. "The court agrees.''

Spanier had been due to report to jail early Wednesday to begin serving a minimum sentence of two months, followed by two months of house arrest.

Spanier, 70, was forced out as Penn State president shortly after Sandusky was arrested in 2011 on child molestation charges. A year later, Spanier was accused of a criminal cover-up, although many of those charges were dismissed by an appeals court. The jury acquitted him of what remained by the time of his trial, except for the single count of child endangerment.

Lisa Powers, a university spokeswoman, said Tuesday that Spanier remains a tenured faculty member on paid administrative leave.

Spanier's lawyers argued that the application of the law to acts that occurred years before the measure was passed violated the state and federal constitutions' ban on retroactive application of criminal laws. The child endangerment revisions in 2007 applied the law to those "employing or supervising'' people who were responsible for the welfare of a minor child.

But the judge did not agree with their argument that the statute of limitations had been improperly applied.

Prosecutors had argued the 1995 and 2007 versions of the law encompassed and criminalized the same conduct.

Spanier was convicted for how he and two of his top aides decided to respond to a report from graduate assistant coach Mike McQueary that he had seen Sandusky abusing the boy late on a Friday night in a team shower.


Spanier has said the abuse of the boy, who has never been conclusively identified, was characterized to him as horseplay.

Spanier and two of his top lieutenants, former athletic director Tim Curley and former vice president Gary Schultz, agreed to notify The Second Mile, the charity for at-risk youth where Sandusky met many of his victims, but not to call police.

Spanier gave his approval to his deputies in an email, warning that "the only downside for us is if the message isn't 'heard' and acted upon, and we then become vulnerable for not having reported it.''

Curley and Schultz were also charged criminally for their actions regarding Sandusky, but on the eve of trial they both pleaded guilty to misdemeanor child endangerment and testified for the prosecution. Both have since served similar jail sentences.

Spanier did not testify at his trial and told the judge at sentencing that he regretted not intervening more forcefully.

Sandusky is doing 30 to 60 years in state prison and recently won an order for a new sentence.

http://www.espn.com/college-football/st ... overturned
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Re: Travesty at Penn State

Postby Iconoclast » May 2nd, 2019, 1:25 pm

I agree AN. However, I suspect that the attorneys for the university felt that they could not fire him without the possibility of him suing. They must have felt that he would have good grounds of winning. This was a misdemeanor that he was charged with and convicted of, which may not be grounds for termination. That's the only thing I can think of to explain it.
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Re: Travesty at Penn State

Postby *YNC* Aloha Nole » May 2nd, 2019, 3:45 pm

Iconoclast wrote:I agree AN. However, I suspect that the attorneys for the university felt that they could not fire him without the possibility of him suing. They must have felt that he would have good grounds of winning. This was a misdemeanor that he was charged with and convicted of, which may not be grounds for termination. That's the only thing I can think of to explain it.


Well, now a judge just tossed out the conviction (days before he was supposed to start serving his sentence). So now, I imagine, that he will be demanding his job back.
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Re: Travesty at Penn State

Postby Domer » May 6th, 2019, 9:00 am

This is wrong.

:x
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Re: Travesty at Penn State

Postby Dubby » May 6th, 2019, 6:05 pm

*YNC* Aloha Nole wrote:
Iconoclast wrote:I agree AN. However, I suspect that the attorneys for the university felt that they could not fire him without the possibility of him suing. They must have felt that he would have good grounds of winning. This was a misdemeanor that he was charged with and convicted of, which may not be grounds for termination. That's the only thing I can think of to explain it.


Well, now a judge just tossed out the conviction (days before he was supposed to start serving his sentence). So now, I imagine, that he will be demanding his job back.


The Travesty is he out of Jail as he the main reason the cover up happened in the first place.

The current BOT will never let him near Penn St again.
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Re: Travesty at Penn State

Postby *YNC* Aloha Nole » May 7th, 2019, 3:07 am

Dubby wrote:The current BOT will never let him near Penn St again.


So, as a tenured Faculty member, don't they have to pay him forever?
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Re: Travesty at Penn State

Postby GR82BACANE » May 8th, 2019, 10:26 am

Mehalchick agreed with Spanier that he was improperly charged under a 2007 law for actions that occurred in 2001


While I Agree he should have been held accountable it should only be to the laws at that time. And he still can under the correct laws in place.

The decision by U.S. Magistrate Judge Karoline Mehalchick in Scranton, Pennsylvania, gave state prosecutors three months to retry Spanier under the state's 1995 child endangerment law, the version in place in 2001.

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Re: Travesty at Penn State

Postby Dubby » May 8th, 2019, 3:46 pm

*YNC* Aloha Nole wrote:
Dubby wrote:The current BOT will never let him near Penn St again.


So, as a tenured Faculty member, don't they have to pay him forever?


Still checking as most Universities differ and haven't totally found Penn St policy here general policy I have found on the topic.

Can a tenured faculty member be fired?

Simply put, tenure is a lifetime contract or literally a contract with no expiration. This means that a tenured faculty member does not have to be reappointed to continue their position.

However, tenured faculty do not have complete autonomy or the ability to get away with anything they want because they have tenure. In addition to a continuing appointment, tenure also specifies the specific reasons that an institution can terminate the employment of a tenured member of the faculty.

One of the central features of tenure since the very beginning is that tenure identifies the process of firing a faculty member.

Each university has slightly different policies, but most institutions have adopted the basic ideals and processes first articulated by the AAUP back in 1940. A key part of this is the notion that faculty have significant due process rights related to termination.

Causes for firing a tenured faculty member

Most of the causes for firing a faculty member are related to their individual performance: incompetence, immoral/personal conduct, and negligence. However, there is one institutional cause that can lead to termination: financial exigency.

Incompetence

At a basic level, incompetence describes a faculty member’s inability to perform their primary job functions. For example, a faculty member might not be able to teach class or grade their students’ work. To terminate a faculty member for reason of incompetence, an institution needs to demonstrate with the support and evaluation of other faculty that an individual is no longer able to perform their duties. In many instances, an institution may decide only in the egregious of cases to pursue termination for incompetence instead preferring other means to ease a faculty member out of their role.

Negligence

In contrast to incompetence, a termination case based on negligence argues that a faculty member has the ability to carry out their job, but chooses not to do so. Neglect speaks to a faculty member not performing their jobs such as repeatedly missing class. While this category could broadly be construed as insubordination, courts have ruled that neglect is a higher standard than just not doing what you’re told to do. Negligence often comes up related to one’s teaching such as not grading students, not showing up to class, or failing doing the basic requirements of one’s job. It would not include a failure to do more minor things such as putting your syllabus in the wrong font or something more trivial like this.

Immoral/personal conduct

Perhaps the most common and public of causes for termination of a tenured faculty member relates to immoral or personal conduct. Often, the term of moral turpitude is used to describe behavior that is so abhorrent to be universally condemned. The causes for this type of termination might include abuse, sexual harassment, fraud, and criminal activity. In addition, academic issues such as research misconduct or plagiarism could fall into this category. Ultimately, conduct of this type is more than just something a president or dean doesn’t like (i.e. disagreeing with a policy position), but behavior that nearly everyone in higher education would agree is unacceptable.

Financial exigency


Beyond individual behavior, there is one generally recognized reason that an institution can let a tenured faculty member go that does not relate to performance. All institutions go through periods of financial hardship from a change in enrollment, endowment returns, or state appropriations. The AAUP defines financial exigency as “an imminent financial crisis which threatens the survival of the institution as a whole.” One of the examples that I always use to describe this is post-Katrina New Orleans. If your campus is under six feet of water, your students have all left town, and you don’t know when you can possibly reopen again, you are in serious financial danger that threatens the ability of your institution to survive. There may be other less dramatic causes than Katrina, but the point here is that we aren’t talking about a small cut to the budget. An institution may decide to close a program, but tenured faculty should be moved elsewhere in the university where they can contribute. In particular, a financial crisis in one unit (i.e. a school or department) that does not threaten the overall institution does not meet the threshold for financial exigency. To be sure, there are examples of institutions that have tried to use financial problems in recent years to terminate faculty but very few of these are true financial exigency and faculty that have gone to court have often won.

Tenured faculty can be let go

Despite the critics who decry that tenured faculty have a job for life, tenured faculty can be terminated for just cause. As noted here, there are individual as well as institution causes that can justify firing a faculty member. Tenure certainly raises the standards for termination and includes due process protections, but tenured faculty can and do get fired from colleges and universities.


I believe this last one applies to Spainer but, I'm still confirming that
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Re: Travesty at Penn State

Postby *YNC* Aloha Nole » May 8th, 2019, 3:49 pm

Cool. Thanks for the info, Dubs.

I still think that it is BS that he was getting paid for the last 8 years.
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Re: Travesty at Penn State

Postby Dubby » May 8th, 2019, 4:33 pm

*YNC* Aloha Nole wrote:Cool. Thanks for the info, Dubs.

I still think that it is BS that he was getting paid for the last 8 years.


Ditto :wall:

Spanier no longer has an office on campus and is not teaching, but he still collects a salary as a tenured professor on administrative leave. Penn State won't say what it pays him, and the school is largely exempt from the state open records law.


This totally :censor: me off

The open records law only applies to since 2017 here what else I was able to get

Under a separation agreement, Spanier was able to collect a total of about $3.7 million in salary as a tenured professor through the fall of 2017. Since then, he has been paid a salary the school will not disclose.


:x :wall:

Joepa legacy soiled forever this moron keeps getting paid :wall:
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