11-08-2011, 08:39 PM
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How would calling the police open himself up to a lawsuit?
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Because he wasn't a witness to the inappropriate behavior. What he knew was second hand. He had already asked Sandusky to turn in his resignation two years prior.
Had Sandusky been found not to have done anything he'd have a clear suit for Defamation of character which requires malice and damage. Sandusky could claim malice because of previously being asked to resign and damage to his character through false accusations brought to civilian authorities. It's also could be grounds for harassment.
Now if Joe was a witness to the behavior he could notify civilian authorities but if you read on the case you learn not only did Joe find out second hand he also didn't know the full details of what took place.
It was on the Grad assistant to call the cops and it was up to Joe to notify his superiors.
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When the eye-witness grad assistant went to Paterno's house the next day and told Paterno in person what he saw, why didn't Paterno ask him, "Did you call the cops? No? Then let's call them together, right now." The next phone call could've been to his superiors. Paterno may have done what he was legally required to do, but that doesn't get him (or the grad assistant) off the hook, as far as I'm concerned.
This justification that reporting Sandusky to the police could've subjected Paterno and the school to a lawsuit is cowardly. Who gives a shit about the 'possibility' of a lawsuit when you KNOW, by account of an eye witness who is standing in your home, that a child has been raped??? Would you be so quick to minimize and defend Paterno's inaction if this had been your son? Or if your son was the next victim after the boy in the shower?