Ex-Penn State football aide McQueary files $4 million whistleblower lawsuit

 

Chris Gardner / Getty Images file

Assistant coach Mike McQueary of the Penn State Nittany Lions walks the sidelines in State College, Pa., Sept. 12, 2009.

Former Penn State football assistant Mike McQueary on Tuesday filed a whistleblower lawsuit seeking $4 million from the university, claiming he was made a "scapegoat" for the university's failures to rein in a coach accused of sexual assault.


Follow Open Channel on Twitter and Facebook.


McQueary is the staffer who said he witnessed assistant football coach Jerry Sandusky having sex with a boy in the locker room in 2001, and reported what he saw to head football coach Joe Paterno and other university officials. Other boys were assaulted on campus before Sandusky, 68, was found guilty in 2012 of 45 counts of child sexual abuse.


Here is a copy of the lawsuit in a PDF file.


Follow Open Channel from NBC News on Twitter and Facebook.


The lawsuit says McQueary is seeking $4 million. His base salary in 2011 was $140,400 plus bonuses and benefits, making his anticipated earnings over the next 25 years at least $4 million. McQueary says he was placed on administrative leave a week after a grand jury found that university officials made false statements about what McQueary had told them. Gary Schultz, a former senior vice president at Penn State, and Tim Curley, the former athletic coordinator, are accused of lying to a grand jury about what they knew of sex abuse allegations against Sandusky. The university has been paying the legal fees of other Penn State employees in the case, but not McQueary's.

McQueary was a graduate assistant football coach from 2000 through 2003, and then an assistant football coach until 2011. He said he saw Sandusky engaging in sex with a boy who appeared to be 10 to 12 years old in the staff locker room of the Lasch Football Building. He said he reported the incident to his supervisor, Coach Paterno, the next day, and then was invited to tell the story to Schultz and Curley. He said he relied on their statements that they would take action. Schultz supervised the university police department.

Penn State Communications Director David LaTorre said Tuesday, "We won't have a comment."

McQueary also is seeking compensation for having his automobile privileges revoked, compensation for early withdrawls from his retirement account, bowl game bonuses from the 2011 season, back pay through Sandusky's trial, and his legal expenses.

The university's internal Freeh report described what happened in 2001:

"On Friday, February 9, 2001, University graduate student Michael McQueary observed Sandusky involved in sexual activity  with a boy in the coach's shower room in the University's Leach Building. McQueary met with and reported the incident to Paterno on Saturday, February 10, 2001. Paterno did not immediately report what McQueary told him, explaining that he didn't want to interfere with anyone's weekend."

 "Upon opening the locker room door, McQueary heard 'rhythmic slapping sounds' from the shower. McQueary looked into the shower through a mirror and saw Sandusky with a 'prepubescent' 10- or 12-year-old boy. McQueary saw Sandusky 'directly behind' the boy with his arms around the boy's waist or midsection. The boy had his hands against the wall, and the two were in 'a very sexual position.' McQueary believed Sandusky was 'sexually molesting' the boy and 'having some type of intercourse with him' although he 'did not see insertion nor was there any verbiage or protest, screaming or yelling.'"

More from Open Channel:

Energy firm uses 'land grabs' to obtain fracking rights, pays landowners zero

  • Environmentalists, Persian Gulf oil barons have common enemy: fracking
  • Wild horses sold by US later ending up at slaughterhouses?
  • Class-action suit against FEMA trailer makers settled for $42.6 million
  • RNC cuts ties with firm over voter registration allegations
  • Big GOP donor among 2 indicted in Dominican resort scam
  • Black youths exposed to more alcohol advertising, study finds
  • Judge rejects ex-Penn State officials' bid to dismiss perjury charges
  • How prosecutorial turf wars complicated money-laundering probe of bank
  •  


    Follow Open Channel from NBCNews.com on Twitter and Facebook

     

    Discuss this post

    Jump to discussion page: 1 2 3 ... 6

    this guy is disgusting. he was a grown man and saw that. sure he told his boss but im sorry, if you see a boy getting rapped and you tell your boss and nothing happens you then go to the police. thats commen sense. not him, he then knew nothing happened and kept his mouth shut that an ex coach was rapping kids and would continue. he was made the scapegoat? now he wants free millions like he is the victim? he was the problem. he directly saw it happen and didnt even go to the police. and he wants free money?

    • 56 votes
    #1 - Tue Oct 2, 2012 5:05 PM EDT

    Gary Shultz is the head of the campus police department. McQueary believed the police were on this case. Shultz never filed a report or contacted child welfare which is required in 48 hours.

    • 38 votes
    #1.1 - Tue Oct 2, 2012 5:19 PM EDT

    and when the head of the police dept didnt do anything in 48 hours or even the next decade McQueary did nothing and kept it quiet that he saw a child being rapped. ya what a man. again, disgusting he wants money cause he is a victim.

    • 38 votes
    #1.2 - Tue Oct 2, 2012 5:32 PM EDT

    @come on, really --- that's a bul l@!$%# excuse. He was a grown man and he DIDN'T go to the police, he told his boss. He should have called the police first thing. He washed his hands of it and went on with his life, while that boy and many more were raped. Not only that, he witnessed the rape and walked away and waited until the next day to do anything. And now he wants some money. BS!!

    • 34 votes
    #1.3 - Tue Oct 2, 2012 5:36 PM EDT

    The main thing I take is he reported everything he knew to the head of the police. For all he knew the process was moving or there was a full investigation. He had no reason to believe this was never filed.

    Now let's say he wonders somewhere in his mind that maybe the head of police is corrupt? Do you tell the people under him? Do you wonder who else is in on the corruption? Maybe you wonder what happens to you when you can know longer trust the police and what would happen to you if you start making more and more noise. I don't know what his state of mine was in or if any other possibilities of what could have happen are out there. I'd like to hear more on this story and I'd like it to go to trial.

    • 8 votes
    #1.4 - Tue Oct 2, 2012 5:44 PM EDT

    Laura I agree that he should have went to the police first. Instead of going to his father, then his boss, then his boss's boss, and then the head of the police. Let's deal with the corruption of this Gary Shultz and why he didn't file a report.

    • 10 votes
    #1.5 - Tue Oct 2, 2012 5:47 PM EDT

    He took it to Paterno and then to the VP and AD. What else would you expect him to do?

    P.S. It's "raping", not "rapping". Kanye West engages in "rapping", and it is not illegal. Unfortunately.

    • 32 votes
    #1.6 - Tue Oct 2, 2012 5:47 PM EDT

    He did nothing to stop the rape but waited until it was over - and he's the victim?

    • 26 votes
    #1.7 - Tue Oct 2, 2012 5:49 PM EDT

    Bottom line: Information was passed by subordinate to responsible authorities. Responsible authorities did nothing. Victims suffered. And contitnued to suffer for several years. If Penn State, and Penn State apoligists, suffer through the next several years from legitmate lawsuits, then justice is truly being served.

    • 13 votes
    #1.8 - Tue Oct 2, 2012 6:05 PM EDT

    I give McQueary credit for reporting it, which is more than anyone else did.

    When it comes to "investigations" no one who is actually "investigating" anything ever gives any "updates", so I don't think there was any way of him knowing what was happening, or not happening, after he reported it.

    • 22 votes
    #1.9 - Tue Oct 2, 2012 6:08 PM EDT

    He did nothing to stop the rape but waited until it was over - and he's the victim?

    Truthspeaker told a non-truth.

    Upon discovery of Sandusky and the boy, McQueary deliberately slammed a locker to let Sandusky know that another person was in the building. Sandusky immediately moved away from the child at that point.

    Read the Grand Jury report or the Freeh report (page 66), please.

    Schultz and Curley are the two main culprits still alive in this mess. PSU is paying their legal fees. Meanwhile, McQueary is persona-non-grata. I say, "You go Mike!"

    If it wasn't for McQueary, Sandusky would be at the Lasch building tonight, credentials in tact.

    Sean in AZ... being a PSU alumni, I can tell you first hand that University Park police are NOTHING like mall cops. If he had gone off campus, whatever jurisdiction he had gone to would have said the same thing:

    We don't have jurisdiction for crimes on campus. Contact University Park police.

    PSU cops are REAL cops. I went to school there, I know first hand.

    • 18 votes
    #1.11 - Tue Oct 2, 2012 6:23 PM EDT
    jri37Deleted
    Comment author avatarbig bird or big turd?Expand Comment Comment collapsed by the community

    He might stand a better chance with the story that having to watch little boys cornholed by his boss made him incontinent or impotent or insomething...

    • 3 votes
    #1.13 - Tue Oct 2, 2012 6:28 PM EDT

    He followed the proper channels, people above him dropped the ball ,. not him.

    • 5 votes
    #1.14 - Tue Oct 2, 2012 6:29 PM EDT

    He followed the proper channels,

    Tell that to the little boy and his family. At a minimum as a human being he should have interceded. His lack of action at the crime seen exposes his cowardice.

    • 18 votes
    #1.15 - Tue Oct 2, 2012 6:31 PM EDT

    @eric @!$%#s,

    Sticking up for the child abusers? Don't you people ever learn? Child abuse is a hateful crime. Do you have sexual abuse of a child mixed up with "rapping", a form of hip-hop music? Are you that stupid? Thought I'd ask.

    Yje idea that tyhe dumbwads of the world should go after the whistle-blower instead of the people --- paterno, spanier, curley, and schultz (they don't deserve uppercase) --- you deserve to be in jail with them and far, far away from children.

    McQueary feared that if he did anything more than report it to the head coach and to the head of the campus police that he would be fired. And that is EXACTLY what happened. He wasn't fired for reporting the child abuse. It is far, far worse than that. HE WAS FIRED FOR TELLING THE TRUTH TO A GRAND JURY!!!!!!!

    And the absolutely scumbag thing that paterno, spanier, curley and schultz diud was that they knew for 12 years that this was doing on and NOT ONCE did they ever inquire as to the welfare of the victims, not once did they make any attempt to stop sandusky, and not once did they do anything to prevent new victims. They are as guilty as sandusky and his wife (Dottie the deaf and dumb.)

    Right now Sandusky and Curley are drawing full retirement paid for by the taxpayer. Paterno's family gets survivors benefits from his retirement and perks paid for by the taxpayer. And Spanier and Schultz are still drawing their full salary. All of the Big Four have their legal expenses paid by the taxpayer.

    But McQueary and the woman who was the Vice President for Student Affairs and complained about the Big Four covering up several rapes along with other disciplinary failures were fired.

    That's your version of right. You are a sick puppy at best and a potential child abuser at worst. My recommendation is that you delete your posts before your case worker sees them.

    • 10 votes
    #1.16 - Tue Oct 2, 2012 6:34 PM EDT

    @eric schatz - Rapping is what you do with your knuckles on a door or something some musicians do. The word you want (several times) is "rape".

    • 1 vote
    #1.17 - Tue Oct 2, 2012 6:34 PM EDT

    I believe he is just as guilty as the rest of the ones who covered it up and his case should be throw out. McQueary should have going to the police, and not listen to his father's advice. He wouldn't talk to the ones doing the Freech, which I am in the process of reading. I believe that he should be banned from coaching at any level.

    • 9 votes
    #1.18 - Tue Oct 2, 2012 6:40 PM EDT

    Some of you may have a point, but here's what matters:

    He reported it to all of the authorities that should have known what to do and should have done it.

    He continued to work there in what is assumed to be a competent manner.

    His name and reputation have been negatively associated with this scandal, although he is the only person that did anything approximating the right thing.

    PSU has ostracized him, scapegoated him, paid all other legal bills but his and has treated him like the molester.

    He may not have done what many of you (who watch too many movies apparently and don't deal in the real world) would have liked him to do, but in the relative universe that is Penn State he is a saint.

    • 11 votes
    #1.19 - Tue Oct 2, 2012 7:03 PM EDT

    In Pennsylvania, Paterno was God. He could do no wrong and nothing was going to get in the way to tarnish his precious reputation. Football was more important than young childrens' lives being damaged. I can see McQueary's point. He was damned no matter what he did.

    • 8 votes
    #1.20 - Tue Oct 2, 2012 7:03 PM EDT

    What a crock. He should be paying the victims, not acting like one.

    • 4 votes
    #1.21 - Tue Oct 2, 2012 7:15 PM EDT

    He may not have done what many of you (who watch too many movies apparently and don't deal in the real world) would have liked him to do,

    Yeah, in the real world an adult should always abandon a child being brutally raped. If a 28 year old adult who is 6'4' 225 lbs can't intervene against a 60 unarmed naked man then what kind of human is he? Are you saying in the real world(not the movies) you would abandon a helpless child?

    • 9 votes
    #1.22 - Tue Oct 2, 2012 7:16 PM EDT

    1truthspeaker, you are so wrong, he did stop it. he interrupted the act and made sure it was over before he left the locker room. here is the comment from an ESPN interview, In my opinion, he deserves every dime and then some.

    In the email, first obtained and reported Tuesday by The Morning Call of Allentown, Pa., McQueary said he "did have discussions with police and with the official at the university in charge of police" after the alleged incident.

    In the email, dated Nov. 8, McQueary said, "I did stop it, not physically, but made sure it was stopped when I left that locker room," The Morning Call reported.

    • 5 votes
    #1.23 - Tue Oct 2, 2012 7:22 PM EDT

    What I'm saying is you and I know nothing of this man's background. He most likely was not nearly as clear about what he saw until long after he processed it, perhaps weeks. He's a corn fed Mid Western boy working in the 'legendary' halls and football program that is Penn State. I bet money his first instinct was to find anyway possible to explain what he heard (and what little he saw) as something else. Hell he called his Dad for pete's sake. That should tell you something of his maturity.

    The other part of that is: what if he was wrong? In hindsight now it is easy to say this was Jerry Sandusky, of course it was rape. But at that time, this was his superior, his boss or something like it. He was a junior employee at the least. If he is wrong, he is screwed.

    You have to remember that to fully understand the situation in 2001, and to understand his decision process, you have to place yourself in his shoes, at that time.

    Anything less is just buckaroo-ism. By that I mean all this talk "I'd kick the crap outta him' or 'I'd hold him down until his father got there' etc. is easy now. Everyone feels that way now, myself included. But 11 years ago we didn't what we know now.

    • 8 votes
    #1.24 - Tue Oct 2, 2012 7:27 PM EDT

    Sorry, but too much doesn't make sense here. How could he have stopped it if he left the locker room with Sandusky and the kid still there? Quite frankly, I don't understand how he could have left the locker room with Sandusky still breathing. Or, at least a little short of taking his last breath. I can understand if he took the kid straight to the hospital and called the cops. But, to leave them together and only go to Paterno is absurd. But, then again, Kitty Genovese suffered for over 45 minutes before someone thought that maybe they should call the cops. Where have all the MEN gone?

    • 8 votes
    #1.25 - Tue Oct 2, 2012 7:33 PM EDT

    I find him disgusting: He should have ripped Sandusky off the boy. Plain and simple. Then called the cops.

    Despite that, he probably should also prevail against Penn State since it is just as clear that whistleblowers have certain protections, which Penn State violated.

    • 9 votes
    #1.27 - Tue Oct 2, 2012 7:49 PM EDT
    JS in SDDeleted

    What I'm saying is you and I know nothing of this man's background. He most likely was not nearly as clear about what he saw until long after he processed it, perhaps weeks.

    Sorry, try again. He went home that night and told his daddy. Then went to the administration (Paterno) the next day and told him what he saw. He abandoned that child.

    But at that time, this was his superior, his boss or something like it.

    Try again, Sandusky was not employed at Penn State at the time.

    and to understand his decision process, you have to place yourself in his shoes, at that time.

    A 10 year old boy was being sodomized in the shower by another adult, most adult humans would have at least tried to intervene.

    Anything less is just buckaroo-ism. By that I mean all this talk "I'd kick the crap outta him' or 'I'd hold him down until his father got there' etc. is easy now.

    No anything less is cowardice on the part of an adult not to help a defenseless child.

    • 9 votes
    #1.29 - Tue Oct 2, 2012 7:57 PM EDT

    @eric schatz...first of all...it is raped...NOT rapped...and Mac has every right to bring suit...it is NOT his job to police a coach above him and he DID report it and the 'good ole boy' system of Papa Joe shut it down. So take your anger elsewhere cause you are making a fool of yourself. BTW..learn to spell.

      #1.30 - Tue Oct 2, 2012 7:58 PM EDT

      If he really saw what he is now claiming he saw why did he go talk to his dad and then wait until well into the next day before saying anything to anyone.

      Because he was afraid he'd lose the job of a lifetime.... being a coach under Joe Paterno at PSU.

      Why didn't he immediately call the police, or at least the campus police.

      Because he was afraid he'd lose the job of a lifetime.... being a coach under Joe Paterno at PSU.

      I'm not excusing McQueary's behavior. But I do believe my answer is more reasonable than "he really didn't see anything". I think he was more concerned about losing his job than the welfare of that boy. Morally bankrupt? Sure. But don't make a leap of faith to say he lied. His testimony is consistent with Jerry's behavior in the mid 2000s when Jerry was molesting boys in his basement instead of the Lasch Building.

      • 1 vote
      #1.31 - Tue Oct 2, 2012 7:59 PM EDT

      Yeah, whatever.

      You postering, chest thumping, wankers are the first people I'd suspect of doing what Sandusky did to some other child.

      Keep on imagining your little scenario and do your John Wayne impression. No one is impressed.

      • 3 votes
      #1.32 - Tue Oct 2, 2012 8:01 PM EDT

      Reporting is good. But it would've beeen better if he had stopped the rape.

      So while he did good .... it was nowhere good enough. The penn state administrators deserve a sentence. But this guy doesn't deserve a whole lot.

      • 4 votes
      #1.33 - Tue Oct 2, 2012 8:23 PM EDT

      Who's chest thumping? Just because you wouldn't come to the aid of a defenseless 10 year old doesn't mean the rest of us have that little regard for a child as you seem to have.

      • 3 votes
      #1.34 - Tue Oct 2, 2012 8:25 PM EDT

      What is with all the deleted comments all the way down the page? I can't believe they all violate the terms of service.

      I have never seen that in years of coming to this site.

      • 4 votes
      #1.35 - Tue Oct 2, 2012 8:37 PM EDT

      Just can't wrap your head around, huh? It's really easy for the average village idiot to say today what they would have done and how they would have stopped it. AGAIN, you are apparently incapable of thinking in the context of 11 years ago, and what was known then vs. what is known now.

      But go ahead and throw out your little judgement about someone else you know nothing of and what they would do and how you're the better person because of what you would have done in your little mental movie with the benefit of hindsight.

      Intelligence. It's not for everyone. Gotta run, it's been fun! Biker out.

      • 4 votes
      #1.36 - Tue Oct 2, 2012 8:53 PM EDT

      Well, if you equate intelligence to abandoning a child being violently raped then you must be the smartest person around.

      Sorry, you can try to insult me all you want but as a father of 2 I couldn't leave a child under those circumstances whether it happened 50 years ago, 11 years ago or yesterday.

      Doing the humane thing to protect a defenseless child... it's not for everyone. I guess running is what you advocate and do best. Sorry I can't say it has been as fun to discuss a grown man leave a defenseless child to a monster as you think it was.

      • 5 votes
      #1.37 - Tue Oct 2, 2012 9:21 PM EDT

      COME ON! He waited until the next day to report it. Would you go to the police the next day and say, "Oh, by the way, I saw a my next door neighbor murdering a woman last night?" NO, absolutely not. At least call the police, immediately. He does that and the rest never happens. In my book, he is morally responsible for anything that happened after that day, period. End of story. Chain of command doesn't exist when a crime is taking place and it sure doesn't exist the next day. He's the biggest coward in all of this.

      • 8 votes
      #1.38 - Tue Oct 2, 2012 9:33 PM EDT

      Harold of the rock. Slamming a locker and afraid of losing a job don't cut it. He is an enabler just like the rest.

      • 5 votes
      #1.39 - Tue Oct 2, 2012 10:30 PM EDT

      McCreary is not portraying himself as a hero. A hero would have risked his head by confronting Sandusky. By the time McCreary saw the event, the damage was already done.

      In that environment, there was tremendous pressure on him NOT to report waht he saw. Instead, he did go through appropriate channels. The fact that the hierarchy did nothing doesn't condemn McCreary, it condemns the hierarchy. It is pretty obvious that the hierchy did not appreciate what he did, because they covered it up and made him a pariah. Likely, he was told that they would handle it, and if he went to the Press or state police, he would never coach again.

      So, what would you have done? And would you not have felt wronged and sued? He is a victim in some sense legally. He is certainly not a hero.

      • 3 votes
      #1.40 - Tue Oct 2, 2012 11:44 PM EDT

      People handle these situations differently ... some would take direct physical action and some would tell higher ups ... the main thing is that he DID inform the correct people ... AND ... by doing so became a victim himself!!!!!

      AND ... I see folks here also victimizing him ... AND ... this is why some folks just say NOTHING ... KEEP THOSE HANDS CLEAN BECAUSE PEOPLE DON'T KNOW WHAT THE HELL THEY ARE TALKING ABOUT!!!!

      • 1 vote
      #1.41 - Wed Oct 3, 2012 12:18 AM EDT

      @phideauxe1

      I'm not a big fan of the Grammar Nazis but I gave you a thumbs up for this line:

      Kanye West engages in "rapping", and it is not illegal. Unfortunately.

      Unfortunately is right. Amazing so many have made so much using a drum machine and an auto-tune device. THAT should be illegal.

        #1.42 - Wed Oct 3, 2012 12:34 AM EDT

        Gary Shultz is the head of the campus police department. McQueary believed the police were on this case. Shultz never filed a report or contacted child welfare which is required in 48 hours.

        Agreed.

        If the campus police aren't rental cops and have jurisdiction to handle a reported rape then it's not McQueary's job to follow up. It's the campus police's job to follow the matter and report it to the city police department and make sure they follow up on the matter.

        It's not McQueary's job to comprehend whether or not the campus police have jurisdiction. The campus police have the ability to contact the city police if they do not have jurisdiction to handle a reported rape. It's the campus police's job to comprehend whether they have jurisdiction to handle the case and report it to a higher authority if they don't have the authority to handle a rape case.

        McQueary did his job in my opinion. He stopped the rape without a physical confrontation by slamming the locker. It could have gotten physical between him and Sandusky if he grabbed hold of Sandusky. It was reported to an authority capable of understanding jurisdiction which McQueary might not know the depth of jurisdiction the campus police had.

          #1.43 - Wed Oct 3, 2012 12:41 AM EDT

          AND ... by doing so became a victim himself!!!!!

          He became a victim several times. Once when Paterno threatened his job over the report, then was victimized when he was place on admin leave for other people's lies about what McQueary told them.

          And then everyone's legal bills were covered but his because he didn't play the buddy system.

          He deserves the money if you ask me.

            #1.44 - Wed Oct 3, 2012 12:48 AM EDT

            It is pretty obvious that the hierchy did not appreciate what he did, because they covered it up and made him a pariah

            It's exactly what they did.

              #1.45 - Wed Oct 3, 2012 12:51 AM EDT

              "Elena Bobbitt, what say you ?"

              "Off with McQueary's weenie !!"

              Viktoly. Game Over. The End.

              • 1 vote
              #1.46 - Wed Oct 3, 2012 2:54 AM EDT

              McQueery should have immediately called the police. He didn't. That was wrong. More physically and emotionally life destroying child rapes occurred as a result.

              He is probably the smaller of the pieces of sh*t among those who actively covered up Sanduskys crimes, but he is a piece of sh*t nonetheless. He's not the kind of man you could trust to keep your kids safe from being raped, that's pretty bad. If he ate a bottle of aspirin, the world would be just a little bit better of a place. He might as well cut his own nuts off, because he is not a man.

              • 3 votes
              #1.47 - Wed Oct 3, 2012 4:58 AM EDT

              This guy is just looking for a payday at the expense of the true victims. So he told Paterno and Paterno did not do anything. His next move should have been a phone call to the police and to the local child abuse agency. Hell, that should have been his first move. A previous poster stated that for all McQeery knew, a full scale investigation was happening about the matter. Well, if there was an investigation happening, would not McQeery have been questioned if any such investigation had begun? He didn't follow through at the time and now he wants money as a "whistleblower"? I guess only dogs could hear that sound. Others have intimated that McQeery was concerned about the possibilty of being fired from his job. If I had witnessed what he did, job loss would be the least of my worries. Yeah, that makes so much sense. Witness a child being molested but I'm just gonna keep it under my hat because I need this job..........NOT!!!!!!

              • 3 votes
              #1.48 - Wed Oct 3, 2012 9:42 AM EDT

              GoldfishTheDestroyer, so totally and utterly wrong! McQueery was a then 28 YO man. He HAD to know that nothing was being done when he saw Sandusky showing up again and again, and was never arrested. It is the responsibility of the adult to do all he/she can to protect a child, especially from rape or other physical abuse. One apologist poster makes the claim that he did nothing because it would have lead to his losing his job under Paterno. That is not an excuse, that is simply self-serving and un-caring. Who would want to work for a guy you know did nothing (again I point to McQueery seeing Sandusky many, many, many times after that incident back on campus)? At some point a reasonable person has to conclude that the University is doing nothing and a dangerous criminal is not being investigated, so it falls to him/her to do something - in this case call the local police and FBI (if Sandusky was engaged in the rape of a child, it is reasonable to presume he did it more than once, and given Penn State games occur across State lines, it happened in other States).

              Instead, McQeery kept his mouth shut using a variant of the Nuremberg "I was just following orders" BS, in this case "I told the higher ups." So you see a child being raped, bang on a locker and LEAVE, and then tell your boss the next day, and nothing happens. At what point does McQueery no longer become the adult who witnessed an horrible crime, and so has no personal responsibility? Never, until justice is served. It wouldn't take a self-serving arse that long to figure out the campus cops were doing nothing if you keep seeing Sandusky. At that point the correct and legal thing was for him to call the police. He didn't, nor did he go back to Paterno or anyone else and ask what was being done about the rape.

              This POS should be thanking his lucky stars he isn't in jail serving time as an accessory after the fact and not trying a get rich quick gimmick, knowing Penn State will almost assuredly have to settle or violate the terms of the agreement with the NCAA. This is all about a guy who let rapes continue because he lacked the guts to question what was happening after his initial report, and now looking to cash in on it. He is as bad as Sandusky at this point. Apologists and other who defend him don't seem to get it - he effectively abandoned that child and did nothing of substance to protect him or other children from Sandusky. Banging on a locker and leaving while the boy and Sandusky are still naked in the shower is NOT doing something constructive. Tackling Sandusky and calling 911 would have been, or at the very least follow up on your own report. Call campus police and ask what is being done. Don't like their answer, call the real police. Then he'd have a case under the whistleblower statute. Right now, he is just a lucky guy not charged when he should have been, but greed motivates him to suck more out of Penn State, and thus the taxpayers. What a waste of a human life. "But I told my superiors" is not any more effective than "I was just following orders", only in this case he won't be shot or hung as a criminal. No, instead he'll get paid $millions for failing to be an adult and protect children. Wonderful world we all live in, isn't it?

              • 5 votes
              #1.49 - Wed Oct 3, 2012 10:10 AM EDT

              He HAD to know that nothing was being done when he saw Sandusky showing up again and again, and was never arrested. It is the responsibility of the adult to do all he/she can to protect a child

              Maybe he didn't physically confront Sandusky because the boy wasn't screaming. Maybe he thought he was witnessing something consensual. It would still be statutory rape give that the boy was below the age of consent.

              To me if the boy wasn't screaming and he thought this was consensual, maybe that's why he chose to slam a locker door versus tackling Sandusky.

              I'd like to think that McQueary would have tackled Sandusky if he thought he was witnessing forced sex versus statutory rape. He may have some judgement errors here and there, but I think he has enough heart to stop a forced sexual encounter.

                #1.50 - Wed Oct 3, 2012 12:47 PM EDT

                These disgusting "Blamers" Like Eric Schatz who's post was the 1st on this page make me sick. Their intent is to destroy others without focussing on Sandusky. ASK YOURSELF THE QUESTION:HOW COULD THE ENTIRE MEDIA FOCUS ON THE MESSENGER RATHER THAN THE ONE THAT DID THE CRIME. The answer is simple. It was never about the victims or Sandusky. It was about destroying the life and reputation of a good man. A man who spent his entire life helping others. That man is Joe Paterno. THE TRUE ENEMY IS THE MEDIA. THEY THINK THEY NOW OWN US. THEY CAN MAKE YOU THINK WHATEVER THEY WANT. ITS NO SUPRISE THAT Eric Schatz continue to blame the messengers. He is part of that same tribe.

                • 1 vote
                #1.51 - Wed Oct 3, 2012 2:44 PM EDT

                That man is Joe Paterno.

                He threatened an innocent man's job for reporting a sexual incident that was either forced or statutory rape. How is Paterno good?

                If Paterno was a good man at the very least he should have maintained a neutral position and let police do their job, not threatened McQueary's job. Paterno was on the same team as the guys who lied about what McQueary told them. IE. He was playing the buddy system for the dark side of the force. And was going to punish McQueary for not playing the buddy system.

                Whether the encounter in the bathrooms was statutory rape or force, either way Paterno threatening McQueary's job was wrong.

                • 1 vote
                #1.52 - Wed Oct 3, 2012 2:59 PM EDT

                He is a goddamn coward! He saw a kid getting raped. He slammed a locker. Sonofabitch! He should have slammed Sanduky's head against a wall. Several times.

                But he was too f'ing scared to do that! Football on college campuses is a crock o shiite! Coaches get 6 figure salaries to tell illiterate morons how to run up and down a field.

                It was a coach doing it! Oh my! Coach is God. Must not touch him or upset him! A real man would have kicked the shiite out of that old basturd. What the hell would he do to him? Say he assaulted me while I was raping my 10 yr old target? And what did the university do before when they suspected him. Not a damn thing. They should burn that shower house down and get rid of the entire program.

                Shows what is important in college education today. Certainly isn't academics. In fact no SOB should get an athletic scholarship if they are too stupid to get a job without it. And before they could be eligible for one they should have to serve a couple years in the military. No exceptions. If they are fit enough to play they are fit enough to go to Afghanistan.

                  #1.53 - Thu Oct 4, 2012 5:50 PM EDT
                  Reply

                  This should be really easy for PSU, assuming they can get their brains working: cut him a check for the full amount. McQueary is ruined in football, forever. He's probably ruined in Pennsylvania, forever. He had to dump out his retirement account to buy food. He had to pay his own lawyer.

                  He's not being greedy. I read the PDF. If you give him the 4 mill now, I promise you, you'll save money. If this thing gets in front of a jury, the jury will award damages (not included) that will be far more.

                  • 17 votes
                  Reply#2 - Tue Oct 2, 2012 5:06 PM EDT

                  I'd rather see this in court and get more of the story but you are right, they will most likely pay him quickly and not allow him to discuss this to the public.

                  • 2 votes
                  #2.1 - Tue Oct 2, 2012 5:21 PM EDT

                  He went to his boss and he should be absolved? If I were the mother of that boy I'd sue him for more than that for walking away like the coward he is. He should never be allowed to coach anything, especially little league, if is so removed from humanity that he can't have felt the immediate need to take a fist to Sandusky. They owe him nothing and anyone on a jury who is a parent will likely feel the same way.

                  • 4 votes
                  #2.2 - Tue Oct 2, 2012 6:22 PM EDT

                  doctordonna. He did the right thing. reported the case, its the people above him that dropped the ball. They should pay him in the hurry and then really investigate the people above him.

                  • 4 votes
                  #2.3 - Tue Oct 2, 2012 6:32 PM EDT

                  doctordonna, he went to the AD and spoke with the police. he stopped the assault although without a fisticuff. Give me a break, you say your a doc, I call BS on that simply by such an asinine comment as yours.

                    #2.4 - Tue Oct 2, 2012 7:27 PM EDT

                    This should be really easy for PSU, assuming they can get their brains working: cut him a check for the full amount. McQueary is ruined in football, forever. He's probably ruined in Pennsylvania, forever. He had to dump out his retirement account to buy food. He had to pay his own lawyer.

                    He's not being greedy. I read the PDF. If you give him the 4 mill now, I promise you, you'll save money. If this thing gets in front of a jury, the jury will award damages (not included) that will be far more.

                    That's the right on. You said it all. Check and vote.

                    He confronted an establishment that was probably intimidating to him, and they punished him for it.

                      #2.5 - Wed Oct 3, 2012 5:37 PM EDT
                      Reply

                      Just one more example of how those with money work behind the scenes to avoid having the truth get out.

                      As long as this is allowed to continue it is foolish to believe children and young people will think justice will be fair to them if they claim sexual abuse!

                      • 5 votes
                      Reply#3 - Tue Oct 2, 2012 5:06 PM EDT

                      Amazing how someone can witness a young child being assaulted, walk away without doing a thing and expect payment because he was 'brave' enough to say something to his boss the next day!!

                      • 6 votes
                      Reply#5 - Tue Oct 2, 2012 5:13 PM EDT

                      It's disingenuous to say he did nothing. It's perfectly acceptable to say he didn't do enough, but it's wrong to say he did nothing.

                      • 2 votes
                      #5.1 - Tue Oct 2, 2012 6:29 PM EDT

                      What do you both mean? He made sure the assault was stopped and reported it to the AD and the police, what did you want him to do? Beat the crap out of a 60 year old and possibly kill him? Your such a bright bunch of thinkers for a lynch mob. Gosh, such vitriol tor the man who brought the whole thing to light

                      • 2 votes
                      #5.2 - Tue Oct 2, 2012 7:32 PM EDT

                      Jeff, he didn't bring the "whole thing to light". Jerry was a volunteer assistant coach at a Clinton County, PA High School in the mid 2000s. It was during this period where he molested "Victim 1" on numerous occasions.

                      It was Victim 1's mother who brought this whole thing to light, not McQueary. Her testimony got a Grand Jury to investigate. When the Grand Jury subpoeanaed PSUs records, that's when everything that happened in 2001 and 1998 at PSU came to light.

                      I think it's wrong to say Mike McQueary did nothing. I also believe the calls that Mike McQueary could have and should have done more are reasonable. What more did I want him to do? a few months after he lodged his complaint, he should have seen that nothing was being done. At that point, I would have gone directly to PSU police rather than depend on Schultz (who as VP had oversight of the Police Dep't, but was NOT a sworn officer himself) to take action.

                      I'm not part of the lynch mob bro. I'm a PSU alum looking for justice. McQueary isn't as guilty as some make him, nor is he as innocent as others say.

                      • 2 votes
                      #5.3 - Tue Oct 2, 2012 7:53 PM EDT

                      This guy is a coward and a professional Ass. He should be prosecuted as an accessory.

                      Yeah, in the real world an adult should always abandon a child being brutally raped. If a 28 year old adult who is 6'4' 225 lbs can't intervene against a 60 unarmed naked man then what kind of human is he? Are you saying in the real world(not the movies) you would abandon a helpless child?

                      I hold this guy personally responsible for allowing this child to continue to be raped.

                      The headline should have read: Junior coach being investigated for the murder of defensive head coach Sandusky.

                      But he was a total coward. Yes I would have put that old bastard's head through the wall and waited for the police.

                      Give me a break. McQueary should be in Jail!

                      • 1 vote
                      #5.4 - Wed Oct 3, 2012 2:02 AM EDT

                      This guy is a coward

                      He could have killed Sandusky, a 60 year old man, and that may very well be what he was afraid of. Then he'd be in jail.

                        #5.5 - Wed Oct 3, 2012 7:03 PM EDT
                        Reply

                        This is disgusting. He does nothing to stop the abuse, and some could say permitted it to go one while he did nothing that evening, and now wants the school to pay him? Please. Any person seeing what he now claims he witnessed would have called the police or screamed at Sandusky to stop what he was doing. Instead he took the coward's way out and left meekly and went home to call his father. Everybody trying to get rich off of their own screw-ups. I hope the case is thrown out.

                        • 5 votes
                        Reply#6 - Tue Oct 2, 2012 5:14 PM EDT

                        He does nothing to stop the abuse, and some could say permitted it to go one while he did nothing that evening.

                        The "some" who would say that would be lying. Please consult Page 66 of the Freeh report for a reality check.

                        • 2 votes
                        #6.1 - Tue Oct 2, 2012 6:30 PM EDT

                        McQueary's father should have told him that he was a sniveling little coward for not being a man.

                        I for one know any of my sons saw that would rip that old bastards head off and would'nt have thought twice about it. This country is full of a bunch of weak "macho' pussies.

                          #6.2 - Wed Oct 3, 2012 2:09 AM EDT
                          Reply

                          Go For It Mike

                          Your suit, and a few other disclosures, will contain enough information to place the entire blame of the Sandusky Fiasco where it belongs, right in the lap of a dishonest, corrupt, and dysfunctional Pennsylvania State University Board of Trustees who knew about Sandusky for twelve years and who chose to delay, ignore, and attempt to white wash the entire matter. The result of their inaction has placed Penn State in its current status as the subject of derision and bad jokes.

                          • 13 votes
                          Reply#7 - Tue Oct 2, 2012 5:16 PM EDT

                          Good for him. If I were on a jury, I would give it to him (and any more that I could legally have tacked on for punitives).

                          • 8 votes
                          Reply#8 - Tue Oct 2, 2012 5:17 PM EDT

                          Whisleblower laws are meant to make sure you are not punished for reporting various things. I think it is obvious that no one faults McQueasy for reporting what he saw to Papa the Father but rather his inaction for not reporting illegal activity to police.

                          • 2 votes
                          Reply#9 - Tue Oct 2, 2012 5:24 PM EDT

                          Are you kidding? The Whistleblower law is exactly what should apply here. He is put on "administrative leave" right after the Grand Jury report, loses his job, etc., etc. -- and Penn State is paying for the legal fees of the people who lied, but not him. Sounds like retribution to me.

                          • 13 votes
                          #9.1 - Tue Oct 2, 2012 5:34 PM EDT

                          Thank you mlbieds. It's refreshing to see that someone understands what's going on here....

                          • 3 votes
                          #9.2 - Tue Oct 2, 2012 6:32 PM EDT
                          Reply

                          Even though it is almost certain that O'Brien would have replaced him anyway at the start of the 2012 season, I think it sounds like McQueary has reasonable rationale for saying that he was made a scapegoat for being a whistleblower. I mean, they effectively sacked him before the 2011 season even finished, and apparently for no good reason.

                          • 9 votes
                          Reply#10 - Tue Oct 2, 2012 5:25 PM EDT

                          He reported the crime and Penn State officials covered it up. He deserves more and Penn State should be shutdown for crimes against humanity.

                          • 3 votes
                          Reply#11 - Tue Oct 2, 2012 5:25 PM EDT

                          This case is ridiculous. He may be a whistleblower in one respect but when it counted he walked away from a horrible crime being committed. McQueary, the man who witnessed a child being raped, walked away doing nothing until the next day wants lifetime compensation from Penn State, absurd! Had he done the right thing from the start and intervened or called the police immediately many other children might have been saved from the grasp of a child predator. He has no right to expect any money for his part in all of this, has he no shame!

                          • 3 votes
                          Reply#12 - Tue Oct 2, 2012 5:30 PM EDT

                          He went to the head of the PSU police ...

                          • 1 vote
                          #12.1 - Tue Oct 2, 2012 5:51 PM EDT

                          Not at the time the rape was being committed or directly afterwards.

                          • 5 votes
                          #12.2 - Tue Oct 2, 2012 5:59 PM EDT
                          Reply

                          McQueary should have stopped Sandusky on the spot, then turned him in to the authorities. But what happened when he did report him? Nothing. McQueary's mistake was to trust the "the legendary" Vince Paterno and other Penn State officials, who were interested chiefly in protecting the lucrative football program. He should have gone to the police -- though admittedly they didn't seem much interested either. Perhaps universities should return to academics and leave football to the NFL. Okay, okay. So it's an imperfect world.

                            Reply#13 - Tue Oct 2, 2012 5:33 PM EDT

                            Sorry, the legendary Joe Paterno.

                              #13.1 - Tue Oct 2, 2012 5:39 PM EDT
                              Comment author avatarCaroline Redbrookvia Facebook

                              How about "infamous Joe Paterno"

                                #13.2 - Wed Oct 3, 2012 12:12 AM EDT
                                Reply

                                PSU punishes the man who revealed child rape by one of their darlings and rewards those who covered it up? What's wrong with this picture? Case of institutionalized pedophilia? Shut it down.

                                • 5 votes
                                Reply#14 - Tue Oct 2, 2012 5:38 PM EDT

                                If the people in charge had half of brain this would have already been settled. The people at the top need to start using their brains or else they will have their butts handed to them in the court of law. His life is over in the state and possibly in coaching because the lack of professionalism by his superiors, but I wished he would have called the police and kicked the man's butt while calling 911 for doing such and holding him down until the child's father arrived so he could continue kicking his butt.

                                • 3 votes
                                Reply#15 - Tue Oct 2, 2012 5:42 PM EDT

                                People - you are not paying attention. McQueary never saw a sex act. How hard is this to understand?

                                He believed based on sounds he hear for a few seconds what was happening. The very first people he told of the incident - his father and family friend Dr Dranov have both testified that they asked Mike 3 times if he saw a sex act and all three times he said no.

                                Think about it. Is you saw a child being raped, could you continue on for another decade, being near that person, not telling anyone about it, not going back and complaining to your supervisors? This makes no sense. The entire 'Penn State Scandal' boils down to what did he really tell Paterno, Curley and Shultz.

                                McQueary has also stated many times that he never used the words, rape, sodomy etc.. to anyone. So if you see these words in an article it is incorrect.

                                • 3 votes
                                Reply#16 - Tue Oct 2, 2012 5:46 PM EDT

                                Not buying it. His story changed to something else a whole lot more specific by the time the trial came around. I can understand that he had a hard time believing what he saw at the time, but over time he certainly understood what it was, in context with the other stuff that came out. But the fact remains that something was going on that made him uncomfortable, and he should have given the child the benefit of the doubt and intervened. He could have done that much.

                                • 2 votes
                                #16.1 - Tue Oct 2, 2012 6:01 PM EDT

                                To "u r not paying attention":

                                From the university's internal Freeh report:

                                "On Friday, February 9, 2001, University graduate student Michael McQueary observed Sandusky involved in sexual activity with a boy in the coach's shower room in the University's Leach Building. McQueary met with and reported the incident to Paterno on Saturday, February 10, 2001. Paterno did not immediately report what McQueary told him, explaining that he didn't want to interfere with anyone's weekend."

                                "Upon opening the locker room door, McQueary heard 'rhythmic slapping sounds' from the shower. McQueary looked into the shower through a mirror and saw Sandusky with a 'prepubescent' 10- or 12-year-old boy. McQueary saw Sandusky 'directly behind' the boy with his arms around the boy's waist or midsection. The boy had his hands against the wall, and the two were in 'a very sexual position.' McQueary believed Sandusky was 'sexually molesting' the boy and 'having some type of intercourse with him' although he 'did not see insertion nor was there any verbiage or protest, screaming or yelling.'" (From the preliminary hearing transcript.)

                                It's clear that what McQueary described was rape. The child was underage. Sex with an underage child is rape, by law. Molesting an underage child is rape. Being in a "very sexual position" with an underage child is rape. Whether or not McQueary used the word rape is irrelevant.

                                • 8 votes
                                #16.2 - Tue Oct 2, 2012 6:23 PM EDT

                                Apologies extended.... I honestly didn't think it would be interpreted as offensive.

                                  #16.4 - Tue Oct 2, 2012 7:31 PM EDT

                                  It's an ugly mess, but I feel like Paterno was the scapegoat here. None of the pieces fit, there are convenient omissions. McQueary , you failed on so many levels.

                                    #16.5 - Tue Oct 2, 2012 8:55 PM EDT

                                    Are you kidding. Paterno a scapegoat? If they let it go, looked the other way, didn't go to the police then they are enablers. Enablers need to serve jail time not sue for 4 million.

                                      #16.6 - Tue Oct 2, 2012 10:36 PM EDT
                                      Reply

                                      This happened in 2001 and what did you do? Nothing!!! You allowed it to continue is what you did. You scurried out of there like the coward you were.

                                      • 5 votes
                                      Reply#17 - Tue Oct 2, 2012 5:46 PM EDT

                                      If I witnessed a boy getting raped in the shower by a perverted child molester, I would have pulled the boy away from him, and then beat the hell out of the guy, and then turned him over to the police!! I would NOT have reported it the next day to a supervisor, and hope he took care of it!

                                      • 4 votes
                                      Reply#18 - Tue Oct 2, 2012 5:51 PM EDT
                                      TeoteoDeleted

                                      What kind of an man walks in on a child being abused by a monster in a locker room, and then walks out and leaves him there?????? Any kind of a man at all would have stepped in, taken the child out of the situation, and called the police right then and there. And probably pummeld the creep too. I have no sympathy for that man at all. He's the first one in a long line of people who turned their backs on abused children.

                                      • 4 votes
                                      Reply#20 - Tue Oct 2, 2012 5:56 PM EDT

                                      It's disgusting that he saw the little boy being raped and he didn't grab the boy away from the rapist. Didn't he think about what the little boy was going through? And he left him there? This knucklehead, Mike "McChicken" McQueary, could have ended the whole nightmare for all these boys in that moment. Stop the rape, grab the boy, call the police. The physical proof would have been a slam dunk victory for prosecutors. McQueary is gutless and now he wants money? How selfish can he get?

                                      • 3 votes
                                      Reply#21 - Tue Oct 2, 2012 5:58 PM EDT

                                      I`m sorry but he is not a whistleblower by any stretch of the imagination. He was not a child or even a "young inexperienced man" when he saw that boy being raped. He needed to have called the police....after he had stopped the assault that was going on. What he is is an component of the Sandusky assaults that should also have been arrested for having kept quiet after the initial reporting. He is as all the rest. I have to wonder if this lawsuit is a way to forestall the inevitable arrest as the DA continues to realize how guilty he is.

                                      • 1 vote
                                      Reply#22 - Tue Oct 2, 2012 6:03 PM EDT

                                      I find this guy disgusting, he should fit right in with judges and attorneys.

                                      • 1 vote
                                      Reply#23 - Tue Oct 2, 2012 6:06 PM EDT
                                      donklosDeleted

                                      His earnings over the next 25 years would have been equal to $4 million dollars. So he's filing the lawsuit so he can sit on his couch and not work for the next 25 years. WTF?????

                                      • 1 vote
                                      Reply#25 - Tue Oct 2, 2012 6:07 PM EDT

                                      When a whistle blower in corporate America reveals an impropriety he/she goes first to their boss, then if a ethical resolution is not reached to the proper authorities. I believe this is where McQueary left his obligation to the abused children, University, Alumni, and eligibility to a whistle blower reward behind. Not going to the Police left his obligation unfulfilled. To earn our respect and the financial benefits you have to stand tall for what is right and see it ALL THE WAY through. This statute rewards you for taking the risk of doing what is right, not compensating for the penalties you suffer for falling short.

                                      • 3 votes
                                      Reply#26 - Tue Oct 2, 2012 6:09 PM EDT

                                      He didn't blow any friggin' whistle! All he did was testify about what he did not do. He is the ONLY person associated with Penn State who claims to have actually witnessed sexual abuse, and acknowledges having done nothing about it. It's preposterous that he has not been charged with some sort of contributing to endangerment.

                                      • 5 votes
                                      Reply#27 - Tue Oct 2, 2012 6:11 PM EDT

                                      "acknowledges having done nothing about it". Well i dont know about that, he reported the case to his superiors and once that is done its out of his hands. Superiors included the university police(head of at that). Lets blame the superiors for that.

                                        #27.1 - Tue Oct 2, 2012 6:37 PM EDT

                                        Bull @!$%#, untoryodi!!There's nothing not to know about it. He saw. He did nothing. He went home. He talked with his father and family doctor. Meanwhile, there was still a boy in the shower with Sandusky because McQueary did nothing. The next day he tells his boss something. The next day. What about the kid in the shower? Do you friggin' get it yet?

                                        • 2 votes
                                        #27.2 - Tue Oct 2, 2012 7:06 PM EDT
                                        Reply

                                        When Sandusky was not arrested, he should have called the police. He SAW it happen but thought it ok for the rapist to continue to roam free, attacking more victims? I have said from the beginning, it is EVERY adults responsibility to report abuse, when his boss did not go to police, he certainly should have.

                                        • 3 votes
                                        Reply#28 - Tue Oct 2, 2012 6:16 PM EDT

                                        He told the HEAD of police. It was the head of campus police, yes, but if he'd gone to city police he probably would have been told it wasn't their jurisdiction.

                                          #28.1 - Wed Oct 3, 2012 3:49 PM EDT

                                          He did not go for true justice for this boy. Campus police are rent-a-cops. They are there for security, not criminal prosecution. They mostly protect the university from having crimes reported to the police which then end up listed as crime activity on campus. So when new students and heir parents research a college, all the crime is way under reported which makes the campus seem awesome and low crime when in actuality it is not that at all.

                                          When Sandusky was not arrested, he should have gone to the real police for an investigation. That is why Penn Sate is in such hot water...their administration and campus police hid evidence of this predator and allowed him to continue to victimize children.

                                            #28.2 - Sat Oct 13, 2012 5:17 AM EDT
                                            Reply
                                            BW-267706Deleted
                                            Jump to discussion page: 1 2 3 ... 6
                                            You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                                            As a new user, you may notice a few temporary content restrictions. Click here for more info.