I disagree with you all. I will lay out my thinking here.

A - Did Joe Paterno have a duty of care? YES he did.

B - Did Joe Paterno breach that duty of care? HELL NO! He fulfilled his duty as a mandated reporter under Pennsylvania law. As the Pennsylvania statute read at the time, Paterno was legally obligated to "immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge." 23 Pa. C. S. 6311(c). There is no dispute that Paterno did so. At that point, Paterno was legally absolved of responsibility to do anything further because "the person in charge or the designated agent, if any, shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with section 6313." Id.

Whether or not Paterno was involved in any discussions, or had any desires about how to proceed, later on is irrelevant to the procedures that should have been followed. Spanier and Curley did not do this and will be tried for their failure to do so.

C - If Paterno did not breach his duty of care, there is no causation between his actions and the injuries suffered.


Personally, I wish we would stop trying to crucify people that failed to live up to a "moral code" and go after the people that fail to live up to the law's requirements. Let's get mad and change the laws regarding reporting for ALL survivors.

I personally hope MaleSurvivor stays out of the Joe Paterno debates.

Brian
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"When we go into battle, I will be the first to set foot on the field, and I will be the last to step off, and I will leave no one behind. Dead, or alive, we will all come home together." LTG Hal Moore, Jr., USA (Ret.)