PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Penn State Sex Abuse Scandal Serves as Warning to New York Schools

The Sandusky scandal has tarnished the reputation of Penn State, Joe Paterno and their football program and potential litigation could cost the school millions in legal fees and damages.

2011-12-22
December 22, 2011 (Press-News.org) Penn State University has been reeling from the Gerald Sandusky sex abuse scandal - a past assistant coach at the university. As a result of the scandal, President Graham Spanier and legendary football coach Joe Paterno are no longer with the University.

The famed football program, that recently made Paterno the winningest coach in Division I college football, has been tainted by allegations that officials knew of Sandusky's sexual assaults for years and were ignored.

The Sandusky Grand Jury Report

A grand jury indictment issued in November brought to light the allegations of sexual abuse by Sandusky dating back to 1994. Eight victims were listed, detailing various incidents of abuse by Sandusky on boys, some apparently as young as 8-years-old.

The allegations led to the departure of Spanier and Paterno, as the grand jury report indicates various incidents were reported to them, but the University applied only trivial sanctions to Sandusky - such as taking away his keys to the locker room. A particular incident in 2002 that was personally reported to Paterno by the witness resulted in no formal investigation, and law enforcement authorities were never notified.

While the criminal prosecution against Sandusky is progressing, there exists the likelihood of civil litigation. If and when civil litigation is commenced, it currently appears that a voluntary attempt by Penn State to resolve the matter with the victims might be the safest path to take for the school, as the discovery process that would follow the commencement of formal litigation could be extremely damning given the number of unknown variables - unknowns such as how many alleged victims, how long did the alleged abuse go on, what did the officials at Penn State know and when did they know it.

Ultimately, this scandal has forever tarnished the reputation of the university and Paterno's career as coach - and if the allegations are proven true, don't forget that this scandal has also severely scarred innocent children.

Risk in New York of Vicarious Liability

Every school in New York should use this case as a wake-up call to ensure that all of their policies and procedures for dealing with incidents of sexual assault are in place and functional in order to protect students.

Cleary the best policy is to prevent these cases from occurring in the first place. Penn State probably felt they had appropriate systems in place to prevent and deal with these issues. Every institution, from kindergarten to graduate school, needs to review their training, reporting and investigative processes.

In New York, an employer is generally not vicariously liable for an employee's assault unless it was done in the furtherance of the employers business and was incidental to the employee's activities - which New York courts have held even applies in cases of sexual assault or abuse. If the Sandusky case were to be tried in New York, Penn State would obviously argue that his actions were not in furtherance of its business, and thus not liable.

Negligent Hiring, Retention or Supervision in New York

New York law does contain additional legal theories in which to hold employer liable for the acts of employees - namely the theories of negligent hiring, negligent retention or negligent supervision. Under New York law, employers are required to avoid hiring or retaining employees who the employer knows - or in the exercise of reasonable care, should know - are unfit and likely to assault persons they come in contact with. However, if there is no negligence on the part of the employer in hiring or retaining the employee, the employer will not be liable for an assault simply because they hired a dangerous person.

Again using the Sandusky case as an example, there are currently no allegations that Penn State was aware of alleged sexual assaults by Sandusky prior to his employment, but there are ample allegations that they knew, or at least should have known, about the alleged incidents while he was working there.

Some of the most damning evidence of Penn State's lack of process was the 2002 incident, where a graduate assistant claimed to have witnessed a Sandusky rape a boy in the Penn State locker room on a Friday night in the beginning of March.

The assistant allegedly spoke in person with Joe Paterno the following morning, detailing the incident and Paterno waited until Sunday to call Penn State athletic director Tim Curley. In mid-March, the assistant was first questioned by Curley, who allegedly told the assistant the school would look in to it.

Allegedly, near the end of the month of March, the assistant was informed by Curley that Sandusky's locker room keys were taken and Sandusky was reported to Second Mile - Sandusky's charity.

Because of these allegations, in could be argued that Penn State had notice of Sandusky's behavior from 1998 and 2002, yet he still had emeritus status and use of an office and Penn State facilities. A New York Times article noted he was a regular presence for "years after the 2002 incident." What will be especially damning for Penn State was the alleged number of various officials of the university who were on notice concerning Sandusky's behavior, and their alleged failure to treat it with the seriousness it demanded.

Obviously this article only scratches the surface regarding legal issues that may arise during the Penn State sexual abuse scandal, and as such should not be taken as legal advice. However, schools everywhere, including New York, should heed the warning and do what they can to protect not only their students but all children from sexual abuse.

Article provided by The Orlow Firm
Visit us at www.orlowlaw.com


ELSE PRESS RELEASES FROM THIS DATE:

An ecosystem being transformed – Yellowstone 15 years after the return of wolves

2011-12-22
CORVALLIS, Ore. – On the 15th anniversary of the return of wolves to Yellowstone National Park, a quiet but profound rebirth of life and ecosystem health is emerging, scientists conclude in a new report. For the first time in 70 years, the over-browsing of young aspen and willow trees has diminished as elk populations in northern Yellowstone declined and their fear of wolf predation increased. Trees and shrubs have begun recovering along some streams, providing improved habitat for beaver and fish. Birds and bears also have more food. "Yellowstone increasingly looks ...

Breakthrough in treatment to prevent blindness

Breakthrough in treatment to prevent blindness
2011-12-22
A UCSF study shows a popular treatment for a potentially blinding eye infection is just as effective if given every six months versus annually. This randomized study on trachoma, the leading cause of infection-caused blindness in the world, could potentially treat twice the number of patients using the same amount of medication. "The idea is we can do more with less," said Bruce Gaynor, MD, assistant professor of ophthalmology at the Francis I. Proctor Foundation for Research in Ophthalmology. "We are trying to get as much out of the medicine as we can because of the ...

Looking For a Good Hospital? Check Out Nursing Standards, Says New Study

2011-12-22
There are few things that are more important than seeing to our own health and the health of loved ones. Yet, when a serious injury or illness strikes, we have no choice but to place trust in the competency and compassion of medical professionals. Unfortunately, sometimes this trust is violated: thousands of preventable medical mistakes occur every year in the United States. For patients who are harmed or the families of patients who are killed, there are after-the-fact remedies available with the assistance of Colorado medical malpractice attorneys. But, a focus ...

Silk microneedles deliver controlled-release drugs painlessly

2011-12-22
MEDFORD/SOMERVILLE, Mass. -- Bioengineers at Tufts University School of Engineering have developed a new silk-based microneedle system able to deliver precise amounts of drugs over time and without need for refrigeration. The tiny needles can be fabricated under normal temperature and pressure and from water, so they can be loaded with sensitive biochemical compounds and maintain their activity prior to use. They are also biodegradable and biocompatible. The research paper "Fabrication of Silk Microneedles for Controlled-Release Drug Delivery" appeared in Advanced Functional ...

To Spank or Not to Spank: Should the Government Have a Say?

2011-12-22
It's no surprise that disputes between divorced couples can get ugly, especially when children are involved. But what happens when one parent begins making questionable domestic violence allegations? WTSP, a CBS affiliate in Tampa Bay, recently reported on a case where a woman accused her former husband of domestic violence for administering a single spank as punishment to their 14 year old daughter. Domestic Violence and Florida Law Domestic violence is a term defined by Florida Statute to include any assault, battery, stalking, kidnapping, false imprisonment or ...

JAMA commentary contends vitamin therapy can still reduce stroke

2011-12-22
A commentary by Dr. David Spence of The University of Western Ontario and Dr. Meir Stampfer of the Harvard School of Public Health in today's Journal of the American Medical Association (JAMA) argues that vitamin therapy still has a role to play in reducing stroke. Vitamin B therapy was once widely used to lower homocysteine levels. Too much of this amino acid in the bloodstream was linked to increased risk of stroke and heart attack. But several randomized trials found lowering homocysteine levels with B vitamins did not result in a cardiovascular benefit. And a ...

The mall as a sanctuary: Study finds holiday shopping outlets aren't just shrines to spending

2011-12-22
An international study of holiday shopping and religion finds that dominant religious groups are more likely to experience "consumption mass hysteria" while shoppers in minority religions may view malls and stores much differently: as central meeting places that "can play an active role in the creation of a sacred event." The study, co-authored by Temple University Fox School of Business marketing professor Ayalla Ruvio, found that holiday consumption in dominant religious settings – such as Christians in the U.S. or Jews in Israel – can lead to greater frenzy and a "social ...

Brooklyn Premises Liability Lawsuits

2011-12-22
New York law requires property owners to ensure the safety of people on their land or in their buildings. This duty generally requires owners to keep their property safe and well-maintained. If a hazard is unavoidable -- such as a large hole in the ground during construction -- the owner must take steps to prevent people from being harmed by the danger. At Simon Eisenberg & Baum, our Brooklyn personal injury attorneys use our experience and knowledge to successfully litigate Brooklyn premises liability claims. It does not matter how obvious the fault of the property ...

Study examines how diving marine mammals manage decompression

2011-12-22
Any diver returning from ocean depths knows about the hazard of decompression sickness (DCS) or "the bends." As the diver ascends and the ocean pressure decreases, gases that were absorbed by the body during the dive, come out of solution and, if the ascent is too rapid, can cause bubbles to form in the body. DCS causes many symptoms, and its effects may vary from joint pain and rashes to paralysis and death. But how do marine mammals, whose very survival depends on regular diving, manage to avoid DCS? Do they, indeed, avoid it? In April 2010, the Woods Hole Oceanographic ...

Do you hear what I hear? Noise exposure surrounds us

2011-12-22
ANN ARBOR, Mich.---Nine out of 10 city dwellers may have enough harmful noise exposure to risk hearing loss, and most of that exposure comes from leisure activities. Historically, loud workplaces were blamed for harmful noise levels. But researchers at the University of Michigan found that noise from MP3 players and stereo use has eclipsed loud work environments, said Rick Neitzel, assistant professor in the U-M School of Public Health and the Risk Science Center. Robyn Gershon, a professor with the Philip R. Lee Institute for Health Policy Studies, University of California, ...

LAST 30 PRESS RELEASES:

Designing a sulfur vacancy redox disruptor for photothermoelectric and cascade‑catalytic‑driven cuproptosis–ferroptosis–apoptosis therapy

Recent advances in dynamic biomacromolecular modifications and chemical interventions: Perspective from a Chinese chemical biology consortium

CRF and the Jon DeHaan Foundation to launch TCT AI Lab at TCT 2025

Canada’s fastest academic supercomputer is now online at SFU after $80m upgrades

Architecture’s past holds the key to sustainable future

Laser correction for short-sightedness is safe and effective for older teenagers

About one in five people taking Ozempic, Wegovy or Mounjaro say food tastes saltier or sweeter than before

Taking semaglutide turns down food noise, research suggests

Type 2 diabetes may double risk of sepsis, large community-based study suggests

New quantum sensors can withstand extreme pressure

Tirzepatide more cost-effective than semaglutide in patients with knee osteoarthritis and obesity

GLP-1 drugs shown cost-effective for knee osteoarthritis and obesity

Interactive apps, AI chatbots promote playfulness, reduce privacy concerns

How NIL boosts college football’s competitive balance

Moffitt researchers develop machine learning model to predict urgent care visits for lung cancer patients

Construction secrets of honeybees: Study reveals how bees build hives in tricky spots

Wheat disease losses total $2.9 billion across the United States and Canada between 2018 and 2021

New funding fuels development of first potentially regenerative treatment for multiple sclerosis

NJIT student–faculty team wins best presentation award for ant swarm simulation

Ants defend plants from herbivores but can hinder pollination

When the wireless data runs dry

Inquiry into the history of science shows an early “inherence” bias

Picky eaters endure: Ecologists use DNA to explore diet breadth of wild herbivores

Study suggests most Americans would be healthier without daylight saving time

Increasing the level of the protein PI31 demonstrates neuroprotective effects in mice

Multi-energy X-ray curved surface imaging-with multi-layer in-situ grown scintillators

Metasurface enables compact and high-sensitivity atomic magnetometer

PFAS presence confirmed in the blood of children in Gipuzkoa

Why do people believe lies?

SwRI installs private 5G network for research, development, testing and evaluation

[Press-News.org] Penn State Sex Abuse Scandal Serves as Warning to New York Schools
The Sandusky scandal has tarnished the reputation of Penn State, Joe Paterno and their football program and potential litigation could cost the school millions in legal fees and damages.