Ethical Dilemma Discussion Question, law homework help

  

250 to 500 wordsRead
the “Ethical Dilemma” on page 111 of the textbook. Present an argument either
for or against the following statement: “Assistant Coach Michael McQueary
has a moral duty to intervene in the alleged sexual assault he witnessed.”
In addition, should there be a legal duty, the violation of which is a crime?Here is the Ethical Dilemma” on page 111 doc.
page_111.docx

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Did Assistant Coach Michael McQueary Have a Moral Duty to Intervene in the Alleged
Sexual Assault He Witnessed?
Introduction
We, the members of the Thirty-Third Statewide Investigating Grand Jury, having received and
reviewed evidence regarding violations of the Crimes Code occurring in Centre County,
Pennsylvania, and elsewhere pursuant to Notice of Submission of Investigation No. 1, do hereby
make the following findings of fact and recommendation of charges.
Findings of Fact
The Grand Jury conducted an investigation into reported sexual assaults of minor male children
by Gerald A. Sandusky (“Sandusky”) over a period of years, both while Sandusky was a football
coach for the Pennsylvania State University (“Penn State”) football team and after he retired
from coaching. Widely known as Jerry Sandusky, the subject of this investigation founded The
Second Mile, a charity initially devoted to helping troubled young boys. It was within The
Second Mile program that Sandusky found his victims.
Sandusky was employed by Penn State for 23 years as the defensive coordinator of its Division I
collegiate football program. Sandusky played football for four years at Penn State and coached a
total of 32 years. While coaching, Sandusky started “The Second Mile” in State College,
Pennsylvania, in 1977. It began as a group foster home dedicated to helping troubled boys. It
grew into a charity dedicated to helping children with absent or dysfunctional families. It is now
a statewide, three region charity and Sandusky has been its primary fundraiser. The Second
Mile raises millions of dollars through fundraising appeals and special events. The mission of the
program is to “help children who need additional support and would benefit from positive human
interaction.” Through The Second Mile, Sandusky had access to hundreds of boys, many of
whom were vulnerable due to their social situations.
Victim 1
The Grand Jury conducted an investigation into the reported sexual assault of a minor child,
Victim 1, by Sandusky, when Victim 1, a Second Mile participant, was a houseguest at
Sandusky’s residence in College Township, Centre County, Pennsylvania. During the course of
the multi-year investigation, the Grand Jury heard evidence that Sandusky indecently fondled
Victim 1 on a number of occasions, performed oral sex on Victim 1 on a number of occasions
and had Victim 1 perform oral sex on him on at least one occasion….
Another youth, F.A., age fifteen, testified that Sandusky had taken him and Victim 1 to a
Philadelphia Eagles football game and that Sandusky had driven. He witnessed Sandusky place
his right hand on Victim 1’s knee; Sandusky had also done this to F.A. on more than one
occasion when they were in Sandusky’s car. F.A. was uncomfortable when Sandusky did this
and moved his leg to try to avoid the contact. Sandusky would keep his hand on F.A.’s knee even
after F.A. tried to move it. F.A. also testified that Sandusky would reach over, while driving, and
lift his shirt and tickle his bare stomach. F.A. did not like this contact. F.A. also witnessed
Sandusky tickling Victim 1 in similar fashion. Sandusky invited F.A. to stay over at his house
but F.A. only stayed one time when he knew Victim 1 was also staying over, after returning from
the Philadelphia Eagles game. F.A. confirmed that Victim 1 slept in Sandusky’s basement room
when F.A. stayed there. F.A. testified that he stayed away from Sandusky because he felt he
didn’t want to be alone with him for a long period of time, based on the tickling, knee touching
and other physical contact. Victim 1 confirmed that Sandusky would drive with his hand on
Victim 1’s leg.
Victim 2
On March 1, 2002, a Penn State graduate assistant (“graduate assistant”) who was then 28 years
old, entered the locker room at the Lasch Football Building on the University Park Campus on a
Friday night before the beginning of Spring Break. The graduate assistant, who was familiar with
Sandusky, was going to put some newly purchased sneakers in his locker and get some recruiting
tapes to watch. It was about 9:30 P.M. As the graduate assistant entered the locker room doors,
he was surprised to find the lights and showers on. He then heard rhythmic, slapping sounds. He
believed the sounds to be those of sexual activity. As the graduate assistant put the sneakers in
his locker, he looked into the shower. He saw a naked boy, Victim 2, whose age he estimated to
be ten years old, with his hands up against the wall, being subjected to anal intercourse by a
naked Sandusky. The graduate assistant was shocked but noticed that both Victim 2 and
Sandusky saw him. The graduate assistant left immediately, distraught.
The graduate assistant went to his office and called his father, reporting to him what he had seen.
His father told the graduate assistant to leave the building and come to his home. The graduate
assistant and his father decided that the graduate assistant had to promptly report what he had
seen to Coach Joe Paterno (“Paterno”), head football coach of Penn State. The next morning, a
Saturday, the graduate assistant telephoned Paterno and went to Paterno’s home, where he
reported what he had seen.
Joseph V. Paterno testified to receiving the graduate assistant’s report at his home on a Saturday
morning. Paterno testified that the graduate assistant was very upset. Paterno called Tim Curley
(“Curley”), Penn State Athletic Director and Paterno’s immediate superior, to his home the very
next day, a Sunday, and reported to him that the graduate assistant had seen Jerry Sandusky in
the Lasch Building showers fondling or doing something of a sexual nature to a young boy.
Approximately one and a half weeks later, the graduate assistant was called to a meeting with
Penn State Athletic Director Curley and Senior Vice President for Finance and Business Gary
Schultz (“Schultz”). The graduate assistant reported to Curley and Schultz that he had witnessed
what he believed to be Sandusky having anal sex with a boy in the Lasch Building showers.
Curley and Schultz assured the graduate assistant that they would look into it and determine what
further action they would take. Paterno was not present for this meeting.
The graduate assistant heard back from Curley a couple of weeks later. He was told that
Sandusky’s keys to the locker room were taken away and that the incident had been reported to
The Second Mile. The graduate assistant was never questioned by University Police and no other
entity conducted an investigation until he testified in Grand Jury in December, 2010. The Grand
Jury finds the graduate assistant’s testimony to be extremely credible….
The Grand Jury concludes that the sexual assault of a minor male in 2002 should have been
reported to the Pennsylvania Department of Public Welfare and/or a law enforcement agency
such as the University Police or the Pennsylvania State Police. The University, by its senior staff,
Gary Schultz, Senior Vice President for Finance and Business and Tim Curley, Athletic Director,
was notified by two different Penn State employees of the alleged sexual exploitation of that
youth. Pennsylvania’s mandatory reporting statute for suspected child abuse is located at 23
Pa.C.S. §63ll (Child Protective Services Law) and provides that when a staff member reports
abuse, pursuant to statute, the person in charge of the school or institution has the responsibility
and legal obligation to report or cause such a report to be made by telephone and in writing
within 48 hours to the Department of Public Welfare of the Commonwealth of Pennsylvania. An
oral report should have been made to Centre County Children and Youth Services but none was
made. Nor was there any attempt to investigate, to identify Victim 2 or to protect that child or
any others from similar conduct, except as related to preventing its re-occurrence on University
property. The failure to report is a violation of the law which was graded a summary offense in
2002, pursuant to 23 Pa.C.S. §63l9.2
The Grand Jury finds that Tim Curley made a materially false statement under oath in an official
proceeding on January 12, 2011, when he testified before the 30th Statewide Investigating Grand
Jury, relating to the 2002 incident, that he was not told by the graduate assistant that Sandusky
was engaged in sexual conduct or anal sex with a boy in the Lasch Building showers.
Furthermore, the Grand jury finds that Gary Schultz made a materially false statement under oath
in an official proceeding on January l2, 2011, when he testified before the 30th Statewide
Investigating Grand Jury, relating to the 2002 incident that the allegations made by the graduate
assistant were “not that serious” and that he and Curley “had no indication that a crime had
occurred.”
Victim 3
Victim 3, now age 24, met Sandusky through The Second Mile in the summer of 2000, when he
was between seventh and eighth grade. The boy met Sandusky during his second year in the
program. Sandusky began to invite Victim 3 to go places with him. Victim 3 was invited to
Sandusky’s home for dinner, to hang out, walk the family dogs and to go to Penn State football
games and to Holuba Hall and the gym. When Victim 3 went to the gym with Sandusky, they
would exercise and then shower. He recalls feeling uncomfortable and choosing a shower at a
distance from Sandusky. Sandusky then made him feel bad about showering at a distance from
him, so Victim 3 moved closer. Sandusky initiated physical contact in the shower with Victim 3
by patting him, rubbing his shoulders, washing his hair and giving him bear hugs. These hugs
would be both face to face and with Sandusky’s chest to Victim 3’s back. Victim 3 said that on at
least one occasion, Sandusky had an erection when he bear hugged Victim 3 from behind. He
also recalled that when he slept over at Sandusky’s residence, he slept in the basement bedroom.
He testified that Sandusky would come into the bedroom where he was lying down. He
sometimes said he was going to give Victim 3 a shoulder rub; sometimes he would blow on
Victim 3’s stomach; other times he tickled Victim 3. Sandusky would rub the inside of Victim
3’s thigh when he tickled him. On two occasions Victim 3 recalls that Sandusky touched Victim
3’s genitals through the athletic shorts Victim 3 wore to bed. Victim 3 would roll over on his
stomach to prevent Sandusky from touching his genitals.
Victim 3 knew Victim 4 to spend a great deal of time with Sandusky.
I spent a lot of time on Twitter, reading the latest updates [on the Penn State sexual abuse
scandal], minute by minute. The bold op-ed on an entire front page of a Pennsylvania newspaper
calling for Penn State President Spanier and head coach Joe Paterno’s resignation. The two
officials who stepped down because they’ll likely be charged with perjury. And, of course, Jerry
Sandusky, the rapist himself. As of just now, I read about 12 more people have come forward
saying they were sexually abused in some way. That brings the number to 20 survivors.
There are so many angles to approach this clusterf*ck. The entire thing is a train wreck of biblical
proportion. The grotesque nature of the crimes. The people who KNEW. What was at stake. The
choices that were made. Sports culture. An ivy league name. College football’s most winningest
[sic] coach.
It seems like everyone’s got a detail they just can’t get over, and I’m not excluded.
My hang up isn’t on JoePa, Sandusky, Spanier, or any of those fools who would actually call
themselves men and/or fathers who cared about NOTHING but the potential scandal and fallout
and decided to sweep it under the rug. My hang-up is on the 28 year old graduate assistant who
walked away from a 10 year old boy being raped by a grown man. He walked away, also saying
that he believed both Sandusky and the boy saw him. I do not even want to imagine what that 10
year old kid was thinking as McQueary walked away and called his father.

“He was distraught.”

“He saw something horrifying.”

“He didn’t know what to do.”
I wonder if his reaction would be different if, say, he looked up and saw Sandusky beating this
same kid with a bat. I would bet that he would’ve screamed bloody hell and tried to wrestle him
to the ground. But because of the vile, sexual, and evil nature of what was taking place, he was
stunned. But not stunned enough to not call his own father to figure out what he should do. May
I offer his age again: he was 28 at the time.
If I sound judgmental, it’s because I am. Even if you’re stunned to paralysis, after about 10
minutes, once you realize you just witnessed a child rape, how do you NOT call the police? Or
have some kind of thought resembling, “God, I hope that kid’s alright.”
I think my favorite response on Twitter was something like, “As a 104 lb grandmother, there’s
no way I wouldn’t have done everything to get that kid safe.” But a former football player,
someone who had been bred to fearlessly throw himself in the path of other beastly men with
brute strength to get a first down, a grown man, sees an act of sexual violence upon a child, and
… what? That’s too scary to confront? And at NO point since 2002 did McQueary ever think the
police should’ve been notified? Or any of those officials?
Is sexual violence so removed from the consciences of male athletes and coaches that when it
does happen, there’s no tool available in their system to dismantle the situation? But something
tells me that rape and sport culture, especially football, are not strangers. What are we teaching
young men? In college culture, if a woman is raped, she was either asking for it or lying. If it’s a
child, walk away.
If there’s one thing I know about college football, coming from a Buckeye fan who married into
a family who schedules weddings around college football games, there’s no such thing as doing
the minimum. Staff and athletes have mantras of honor, excellence, and going beyond,
teamwork, brotherhood, achievement. Strength. No pain. Give it your all.
But when in the face of sexual violence, when the opportunity to save a young child comes,
Mike McQueary walked away and made a call for help. The problem is, McQueary LEFT. He
left. And the call of help was to help himself deal with what he saw and figure out what to do
while that boy was left alone with a monster.
So, Mike McQueary, even if you never broke any law, even if everyone says you tried to do the
right thing, even if Penn State somehow redeems itself in many many years from now, even if
Spanier, Paterno, and others find ways to save face, there is one person that matters in this story
and there’s no way to hide from your memory. For all the years of studying routes and back-up
plans, defense and offense, for all the lifetimes spent studying plays, recovering fumbles, and
coming back from adversity, you have to live with this basic truth for the rest of your life: you
left that boy to deal with his nightmare alone.

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