Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Johnson and Taylor: Penn State, Duke and Integrity
The Wall Street Journal ^ | July 18, 2012 | Johnson and Taylor

Posted on 07/23/2012 7:50:30 AM PDT by conservatism_IS_compassion

. . . [Duke President Richard] Brodhead’s initial public statement said that people must uphold the presumption of innocence. But at a private meeting that included faculty members who signed the ad, he was excoriated for that statement . . .

In a subsequent open letter to the Duke community, Mr. Brodhead canceled the lacrosse season, accepted the coach's resignation, and added several sentences about the evils of rape and the legacy of racism and misogyny. It made no reference to the lacrosse players' presumption of innocence.

. . . In the end, justice was done, to some extent. North Carolina Attorney General Roy Cooper, who took over the case from Nifong, concluded an exhaustive investigation by publicly declaring that the evidence proved that nobody raped, otherwise assaulted, or had sexual contact with the woman. The lacrosse players, a generally admirable group of young men (we got to know most of them while researching a 2007 book on the case), have gotten on with their lives. Nifong was disbarred.

Duke avoided even the pretense of accountability. In sharp contrast to Mr. Freeh's inquiry at Penn State, Duke's two investigators of the administration's conduct spent less than a week on campus. Their report hailed the "eloquent" and "widely applauded" open letter of Mr. Brodhead, for whom the investigators expressed "compassion" and "support." The report maintained "there is clearly more to be done" to "increase diversity" among the faculty and administration.

. . . It's possible that Penn State will fail to rehabilitate its currently tarnished image. But, unlike Duke, at least the school's leaders appear to understand that, in responding to scandal, a university must position itself on the right side of history.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Editorial
KEYWORDS: duke; nifong; paterno; pennstate; sandusky
Mr. Johnson is a history professor at Brooklyn College and CUNY Graduate Center. Mr. Taylor is a journalist and author. They co-authored "Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case" (Thomas Dunne/St. Martin's, 2007).
This is an excellent article, as far as it goes, by people who were "on the right side of history” from the start of the scandal precipitated by Crystal Mangum’s gratuitous “rape” allegation. But there is one similarity between the scandals at the two universities, and some differences which should be emphasized. The similarity is that in both cases the scandal related to a university athletic program.

The differences are that although Duke has a big time athletic program, it is famous in NCAA circles for basketball, not lacrosse, and Penn State, athletically, is football. And also that the corruption alleged in the Penn State football program was within the faculty, whereas the scandal at Duke targeted mere students.

But although Sandusky - and Paterno, who apparently enabled him by not blowing up his football program to stop Sandusky’s malignant abuse - were “faculty,” the corruption did not directly impinge on Penn State students. Whereas, at Duke, the real scandal was the administration and the university faculty at large, which in its reaction to the initial scandal proved itself unworthy of the trust placed in it by its students and their parents. And, thus, of its donors.

Penn State proved to have a corrupt football program, masquerading as an admirable one. Duke University, on the other hand, proved itself to be corrupt as an institution. With, incidentally, a lacrosse program which was not guilty, at least as charged.

Penn State has lost an ornament, and the scandal touched its administration. Which is damaging.

Duke’s (minor) ornament, it’s lacrosse program, was OK.
Duke as a university? Not so much.


1 posted on 07/23/2012 7:50:33 AM PDT by conservatism_IS_compassion
[ Post Reply | Private Reply | View Replies]

To: conservatism_IS_compassion

Why is a private organization (The NCAA) assessing the penalty for a CRIMIAL act?

It’s not like this was a violation of the rules of the game of football and/or the college’s football-related recruiting activites, it was a criminal activity not related to the game of football.

People should be going to jail, not getting fined by the NCAA.


2 posted on 07/23/2012 7:56:21 AM PDT by Mr. K ("The spread of evil is the symptom of a vacuum [of good]")
[ Post Reply | Private Reply | To 1 | View Replies]

To: conservatism_IS_compassion

Why is a private organization (The NCAA) assessing the penalty for a CRIMINAL act?

It’s not like this was a violation of the rules of the game of football and/or the college’s football-related recruiting activites, it was a criminal activity not related to the game of football.

People should be going to jail, not getting fined by the NCAA.


3 posted on 07/23/2012 7:56:43 AM PDT by Mr. K ("The spread of evil is the symptom of a vacuum [of good]")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. K

Penn State gained a competive advantage they would not have had the truth about Sandusky come out.


4 posted on 07/23/2012 8:02:28 AM PDT by dfwgator (FUJR (not you, Jim))
[ Post Reply | Private Reply | To 3 | View Replies]

To: conservatism_IS_compassion
Well, here is how I see the "justice" at Penn State: NO ONE who actually was involved in the crime has been punished, and everyone who was tangential and had no knowledge of, or participation in, the crime was punished.

EVERY administrator with knowledge of the situation should be charged, fired (if still on staff), and have his pension revoked.

I fail to see how the football players themselves, or the fans and alumni who had no knowledge of this, are guilty and should be punished. This was NOT a "Penn State football program" violation. This was an ADMINISTRATIVE CRIME, and just like at Duke, the guilty are getting away while the program is tarnished.

5 posted on 07/23/2012 8:04:12 AM PDT by LS ("Castles Made of Sand, Fall in the Sea . . . Eventually (Hendrix))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. K

$


6 posted on 07/23/2012 8:05:04 AM PDT by EEGator
[ Post Reply | Private Reply | To 3 | View Replies]

To: Mr. K

I have posted several times regarding this, and I believe the NCAA has every right (and responsibility) to impose sanctions on PSU.

As I have said previously, Sandusky could have murdered a nun on the fifty yard line and PSU would have skated as long as they reported it to the police.

The highest officials at PSU were made aware of Sandusky’s horrifying transgressions over a decade ago, and allowed more children to be victimized to preserve the standing of their beloved football program.

In the NCAA bylaws, section 2.4 Principle of Sportsmanship and Ethics states in no uncertain terms that member organizations must promote conditions advancing values such as civility and morality even off the playing field. I think we can all agree PSU failed to adhere to that particular bylaw.

Essentially, the NCAA is not penalizing PSU for Sandusky’s crime. They are penalizing PSU for the institutional disregard for basic NCAA tenets.

The SCOTUS held in the Tarkanian case that the NCAA is not a state actor and therefore not subject to due process requirements under the 14th.


7 posted on 07/23/2012 8:05:58 AM PDT by Mr. Bird
[ Post Reply | Private Reply | To 2 | View Replies]

Comment #8 Removed by Moderator

To: Mr. K
Happened within the football program.

Happened in the football locker room.

Happened to be covered up by members of the football program and University officials (Allegedly).

Happens that the NCAA has every right to protect their integrity and the events violated their Constitutional by-laws (So they say), hence the power to smack down Penn State's football program.

Happens this guy says, “Dadgum it, I hold the record now"



I am not a Florida State fan btw.
9 posted on 07/23/2012 8:11:12 AM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Mr. Bird; All
I am not saying there should be NO penalties from the NCAA

But if Sandusky had murdered someone would we be asking the NCAA to impose ‘fines’ on the school for it?

This was criminal activity.

Just because he was part of the football program and he did these things while working for the football program does not mean it comes under the jurisdiction of the NCAA.

10 posted on 07/23/2012 8:15:45 AM PDT by Mr. K ("The spread of evil is the symptom of a vacuum [of good]")
[ Post Reply | Private Reply | To 7 | View Replies]

To: Mr. K

NCAA contracts and bylaws say it does.

The NCAA is a voluntary organization. State Penn is free to leave it.


11 posted on 07/23/2012 8:18:29 AM PDT by jjotto ("Ya could look it up!")
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mr. K

Did you actually read my post? The NCAA is a collection of member schools. It’s no different than the Kiwanis Club. The Kiwanis Club can kick out, sanction or stick their tongue out and make faces at any member it chooses, and likely would if that member covered up the rape of little boys.

Can you blame them? What would it say about the NCAA if they just said: “Yeah, they’re a member of our club, and yeah, they covered up child rape. What are we to do?”


12 posted on 07/23/2012 8:21:29 AM PDT by Mr. Bird
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mr. Bird

Agreed.

As a Oklahoma Sooners fan, I find it interesting that the coach who said he wouldn’t retire because: “It would leave college football in the hands of the Jackie Sherrills and Barry Switzers”. Paterno denied that he was calling them ‘cheaters’ and said he meant their attitude that winning trumped all else.


13 posted on 07/23/2012 8:21:36 AM PDT by DugwayDuke
[ Post Reply | Private Reply | To 7 | View Replies]

To: conservatism_IS_compassion
. . . In the end, justice was done, to some extent.

If the institution is guilty, why is Brodhead still there?

14 posted on 07/23/2012 8:24:05 AM PDT by immadashell
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. K

Just as in politics it was the coverup that is bringing them down. Paterno and others should of hanged Sandusky out to dry in 1998.


15 posted on 07/23/2012 8:25:21 AM PDT by Jay Redhawk (Zombies are just intelligent, good looking democrats.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mr. K

I take back my “$” comment to you. All the money will go towards helping abused children.


16 posted on 07/23/2012 8:25:38 AM PDT by EEGator
[ Post Reply | Private Reply | To 10 | View Replies]

To: conservatism_IS_compassion

Penn State will be great again. They have to take their lumps but will survive. Ten years from now they will be back to Football and Educating students. People memories are short and I would not worry about Penn State a bit. They will be fine.


17 posted on 07/23/2012 8:37:38 AM PDT by napscoordinator
[ Post Reply | Private Reply | To 1 | View Replies]

To: napscoordinator

Winning football games at the cost of covering up child rape doesn’t make anyone or anything “great”. Heck, just winning football games doesn’t make anyone or anything “great” - other than great at football.

Penn State was never great. If they ever achieve greatness it will be far from a football field.

Just because people pay homage to their false idols every Sunday doesn’t make football God, or football players paragons of any virtue but the athletic.

Now I enjoy watching a game - but I don’t mistake what I see on the field as greatness - just athletics.


18 posted on 07/23/2012 9:06:36 AM PDT by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
[ Post Reply | Private Reply | To 17 | View Replies]

To: conservatism_IS_compassion

I didn’t know that the NCAA could assess simple fines against member institutions such as the $60 million assessed against Penn State.

But since they can assess fines, they should have assessed a huge fine against Duke for probably the most unfair, abusive treatment of its student athletes in NCAA history. If athletes have ever received worse treatment at the hands of a member institution’s administration, I haven’t heard about.


19 posted on 07/23/2012 9:11:59 AM PDT by Will88
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. K
People are "going to jail". Sandusky.

People are still liable to "go to jail".

In fact, the NCAA explicitly reserved the right to take actions within its authority against individuals who are judged guilty of civil or criminal violations.
20 posted on 07/23/2012 9:13:53 AM PDT by kenavi (Obama doesn't hate private equity. He wants to be it with our money.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Mr. K
But if Sandusky had murdered someone and the football program had covered it up, would we be asking the NCAA to impose ‘fines’ on the school for it?

That's the difference here. Criminal activity was covered up (by high and low level officials) to save the football program.

The legal system is there to handle the individual criminal activity, but it isn't equipped to handle the corruption of the football program.

That's why the NCAA was created (created by a bunch of schools and schools join the NCAA voluntarily)--to prevent the corruption of college sports.

21 posted on 07/23/2012 9:30:10 AM PDT by Brookhaven (Obama Admits He Can't Fix What Bush Broke, So Why Reelect Obama?)
[ Post Reply | Private Reply | To 10 | View Replies]

To: immadashell

Broadhead is still at Duke because the institution is guilty. He is a self-absorbed coward who went on a tour to beg the alumni who had stopped giving to reconsider. He whined that he could not control the faculty. Some alumni told him, that’s pathetic, we’re not going to contribute to funding you, or that faculty, or the indoctrination of students with your lack of values. But nothing has changed because too many people won’t do anything right unless they’re forced to do so.


22 posted on 07/23/2012 9:31:43 AM PDT by Belle22
[ Post Reply | Private Reply | To 14 | View Replies]

To: conservatism_IS_compassion

“on the right side of history”

That phrase irritates me. If you do the right thing, your legacy will most likely take care of itself. Both Duke and Penn State were all too concerned about preserving their legacy.


23 posted on 07/23/2012 9:43:54 AM PDT by JimSEA
[ Post Reply | Private Reply | To 1 | View Replies]

To: conservatism_IS_compassion

PFL


24 posted on 07/23/2012 9:55:36 AM PDT by Batman11 (Obama's poll numbers are so low the Kenyans are claiming he was born in the USA!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: napscoordinator

“Ten years from now they will be back to Football and Educating students. “

Interesting that you separate these two activities! So football doesn’t really have anything to do with the mission of a university does it! So just what is football’s “contribution” to the process of education? Answer: Absolutely Nothing!! Collegiate athletics is just another money pot for professional sports franchise owners that they milk at the expense of the taxpayers. It’s their “farm system” but they don’t have the real expense of it. Just like getting local governments to build them taxpayer-funded places to make money that are called stadiums.


25 posted on 07/23/2012 10:46:04 AM PDT by vette6387
[ Post Reply | Private Reply | To 17 | View Replies]

To: Will88
I didn’t know that the NCAA could assess simple fines against member institutions such as the $60 million assessed against Penn State.

But since they can assess fines, they should have assessed a huge fine against Duke for probably the most unfair, abusive treatment of its student athletes in NCAA history. If athletes have ever received worse treatment at the hands of a member institution’s administration, I haven’t heard about.

I suppose you could refer to “students” who are recruited to sports programs and who are never even expected to earn a degree. Ya gotta admit, being recruited to be a “student” under those conditions is abusive in its own way - and has been and probably still is quite common in most programs.
And likewise, a true student is abused when his competition is not actually a fellow college student. But the Duke Lacrosse Team was thrown under the bus most egregiously - the administration actually counseled the students not to contact outside legal aid while at the same time the Nifong and the Duke faculty was organizing a veritable lynch mob against them.
The Penn State scandal is about what Penn State was willing to do for its football program. The Duke scandal is about what Duke was willing to do to its lacrosse team.

26 posted on 07/23/2012 11:29:25 AM PDT by conservatism_IS_compassion (The idea around which “liberalism" coheres is that NOTHING actually matters except PR.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: LS
This was an ADMINISTRATIVE CRIME, and just like at Duke, the guilty are getting away while the program is tarnished.
Yep.

27 posted on 07/23/2012 11:33:37 AM PDT by conservatism_IS_compassion (The idea around which “liberalism" coheres is that NOTHING actually matters except PR.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: conservatism_IS_compassion
The Penn State scandal is about what Penn State was willing to do for its football program. The Duke scandal is about what Duke was willing to do to its lacrosse team.

I absolutely believe that the same sort of cowardice and political correctness that caused the NCAA to say nothing and do nothing during the abuse of the Duke Lacrosse players and coach, that same cowardice and political correctness now causes the NCAA to pile on and assume all sorts of pious and sanctimonious airs when punishing Penn State.

I just can't be at all impressed with these NCAA posers, whether or not one thinks Penn State should have been punished by the NCAA in addition to the civil and criminal penalties they face.

This is the same gang of phonies going nuts over Indian mascots, even in cases where the American Indians involved have no objection to the use of tribal or general Indian representations as mascots.

28 posted on 07/23/2012 11:43:28 AM PDT by Will88
[ Post Reply | Private Reply | To 26 | View Replies]

To: conservatism_IS_compassion

For Duke the right side of History is contary to the NAACPs version, the democrat party’s version and what people remember. Contrary to the popular widely held belief that the players raped the “crying wolf hooker with a history of repeating her cry”, no one remembers they were innocent.


29 posted on 07/23/2012 11:50:00 AM PDT by Jumper
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr. K

I suppose it depends on the state, but private organizations like Homeowners Associations and Realtor Associations can assess penalties on members as well.


30 posted on 07/23/2012 1:28:14 PM PDT by Jacquerie (I want my America back.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Mr. K

Because the NCAA also has the power within its bylaws to level penalties for egregious unethical lapses on the part of its members.

The wording is broad and nebulouse. You will find it if you look into the phrase “loss of institutional control.” It was written in an ancient time when people expected those in authority to exersize a concept called “judgement” (unknown in today’s culture) rather than listing every possibility out.

The NCAA is under the gun here. It is a thin pretend veneer of self regulation shielding what is pretty much a proffesional minor league from both government regulation, and from having to pay its players.
A big enough failure to act could result in state and federal governments stepping in...and stripping the pie away from the schools.


31 posted on 07/23/2012 5:07:00 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson