Forget about the org charts at either place. He was above reproach at both TSM and PSU. That is not even up for debate. The reasons are an open discussion
There has been a great deal of consternation regarding the A9
- Thread starter demlion
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If you take Tribeck at his word(s)....... He's a GD idiot
I'm NOT saying " Hea a GD idiot"..... I'm saying "if".
But all we seem to have is pussies
I'm not saying they are all pussies......I'm saying it would seem that way
GTSCA: Yeah, a property owner owes a higher duty of care to business invitees than to trespassers, no question about it. But didn't TSM organize and operate those events entirely on its own, with no input from PSU? I'm guessing that PSU did not directly invite any of "Jerry's kids" to the TSM events, and probably had no input or idea who was being invited. I'm not an expert in premises liability issues, but I believe that when it comes to a landowner's premises liability, there is a category somewhere between trespasser and invitee (licensee?). A landowner's duty of care to such a person is higher than it is to a trespasser but lower than it is to an invitee.
In any event, absent some clear notice to PSU of Jerry's propensity to commit sexual abuse, my guess is that TSM, not PSU, would have borne the liability for Jerry's assaults had any claims been litigated rather than settled without litigation. That is where Jerry's status as a former employee of PSU, and any reports of prior assaults by Jerry, become truly relevant.
In any event, absent some clear notice to PSU of Jerry's propensity to commit sexual abuse, my guess is that TSM, not PSU, would have borne the liability for Jerry's assaults had any claims been litigated rather than settled without litigation. That is where Jerry's status as a former employee of PSU, and any reports of prior assaults by Jerry, become truly relevant.
The ONLY reasonable excuse for the A9 to have voted for and praised Ira is if they finally have the goods on him with proof and him being at the head of the table when they expose him will act as a public lynching like the OGBOT did to Joe and the university. That is the only excuse for their actions. Sadly I doubt that's how it plays out.
Well......obviously that is not the situation
But, if it were - good God - it would make what they did even worse
Forget about regulatory-filed org chart? Let me guess, we should forget about the regulatory-filed Daily Operating Policies & Procedures or the fact that Raykovitz was the regulatory-filed CEO ultimately responsible for making sure the filed Operating Policies & Procedures were followed by all TSM counselors who had access to TSM registered participants via registered TSM Programs and Events? You can't be serious that DPW/CYS and the OAG had no responsibility for monitoring TSM and making sure that the charity was operating as registered and not operating in a fraudulent manner with the charity simply acting as a "front" for other purposes.....or that TSM was not doing proper vetting such that parties which posed a risk to the participants were being given access to the children via the charity - worse yet, were being given the ability to isolate the children alone in contravention of the charity's own policies? TSM's dual regulators are two of the larger Agencies in the State both with Statewide operating offices - TSM itself was probably one of the larger charities in the State in terms of offering Statewide Services and Programs....are you really suggesting that NOBODY should be held accountable by PA taxpayers for these failures? I do not believe you and I share the same definition of "public servant" as it applies to the responsibilities and obligations of state-mandated "public employees" making their living off of the taxpayers dime.
Yes. Have the Russians hack his emails and release them to Wikileaks.
These hackers only do this for pay. I "know" who paid them for the recent one. But, who is going to pay them for this one?
Pegula. Then Putin will make Datsuyk and others sign with the Sabres. Quid pro quo.
If Penn State received compensation for giving access to TSM, which would have included children associated with Sandusky through TSM, then the status of business invitee could extend to those individuals brought onto campus by TSM.
The reason I posted my response to you was in the context of potential liability on the part of Penn State for any assaults or "grooming" activity that may have occurred on university property. If the trier of fact found that Penn State had notice of Sandusky's propensity, then it was possible for a verdict to have been returned against both the Second Mile and Penn State jointly and severally.
This analysis may have been a factor in the decision to pay at least some of the claims.
Who would want to ignore your biting cynicism let alone that getup you wear while drinking premium martinis and smoking fine cigars? Well, I guess, maybe someone who cannot get past the resemblance to Mr. Ed!
It is absurdly preposterous to claim that the Lessor assumes MORE responsibility than the STATE-LICENSED AND REGULATED Lessee who is providing a boiler plate COMPREHENSIVE INDEMNIFICATION and is exclusively orchestrating and running the event. According to you, V1 and the OAG should have gone after Keystone Central School District who provided TSM access to the Central Mountain High School for TSM-Registered Programs via the DPW's Clinton County CYS Office with Sandusky being the "Program Administrator and Counselor" including both serving on the Staff of CMHS Football Team for multiple years and acting as TSM/CYS registered Volunteer CMHS Guidance Counselor!!!
Nobody has a "higher duty of care" than the State-Licensed and Registered CHILDRENS CHARITY administering not only their own employees, but the DPW/CYS registered and STATTE-REGULATED program in question!!! Your completely full of $hit as per usual.
So when you say "Penn State" had notice - explain who specifically this would be. Where was the Office of Risk Management? Where was the Outreach Office? Where was the University Park Police & Department of Campus Safety? What about University Housekeeping?
I simply don't understand, with all these layers of Administration & Departments that are supposed to be doing their JOBS, why these folks never get mentioned.
Why is this a Football Dept problem, or a Board problem, or the Athletic Director's problem, or the VP of Finance's problem, or the President's problem?
When the leadership of Second Mile sat down with Penn State and discussed holding camps, partnering with the University and using their brand - I highly doubt they sat down with Joe and hashed things out. Why aren't these names being held accountable?
Beyond all that, it is preposterous to claim that anybody has a HIGHER duty of care and responsibility than the STATE-LICENSED and REGULATED (by multiple PA Statewide Agencies) Children's Charity who is being granted access and use of the facilities probably on a "charitable basis" (e.g., "at cost", not at a profit) and who has provide a COMPREHENSIVE indemnification as well as the guarantee that their REGULATORY FILED OPERATING POLICIES AND PROCEDURES have been submitted and received the State's Goodhousekeeping Seal of Approval as to comprehensiveness and adequacy!!!
"So when you say "Penn State" had notice - explain who specifically this would be."
I did not make that statement.
In the context of a discussion on certain principles of law I stated:
If the trier of fact found that Penn State had notice of Sandusky's propensity, then it was possible for a verdict to have been returned against both the Second Mile and Penn State jointly and severally.
Yeah. Freeh and Gamin can confirm that.
I don't understand what you're saying - what precisely is the point of PA maintaining two massive Statewide "Regulatory Bureaucracies" in regards to Protection of the Populace against fraud (e.g., "Consumer Protection") and Child Welfare, including STATE-MANDATED Regulation and Licensing of Child Welfare Operators (both NPO and For-Profit) if these massive Public Bureaucracies are not going to be held accountable for doing their jobs and fulfilling their responsibilities to the public who pays their salary??? Worse than not doing their job, they then cowardly point their fingers at innocent parties for their own clear failures (e.g., abuse of publicly granted authority and powers motivated of extreme cowardice and self-interest otherwise known as clear "tyranny" and "public corruption").
I have no idea what you are attempting to say - why is the public footing the bill to the tune of hundreds of millions of dollars, if not more, to fund these massive Statewide Agencies if they are not going to fulfill or be accountable for the responsibilities and mandates.....especially consumer protection and public safety....that they have been paid by taxpayers to perform? I'm seriously befuddled as to what you are trying to say.
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