Graham Spanier

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Resignation from Penn State

During the investigation into allegations of child sex abuse by former Penn State football defensive coordinator Jerry Sandusky, dozens of individuals were interviewed by prosecutors, and many were called to testify before a Grand Jury. Those interviewed included Penn State football coaches, staff members and university administrators. Among them were Senior Vice President Gary Schultz, Athletic Director Timothy Curley, Spanier and Head Football Coach Joe Paterno, whose testimony lasted seven minutes. [17] As a result of grand jury testimony, Curley and Schultz were charged with perjury and failure to report suspected child abuse.

Spanier issued a statement the day the charges came to light in which he said Curley and Schultz had his "complete confidence", [18] and they "operate at the highest levels of honesty." [19] Spanier was criticized for expressing support for Curley and Schultz, and failing to express any concern for Sandusky's alleged victims. [20] After this, he largely dropped from public view. According to the Chronicle of Higher Education , the Board of Trustees ordered him to keep silent. [21] Paterno's son, Jay Paterno, reported that the board of trustees chair, John P. Surma, then ordered that Coach Paterno's weekly press conference be canceled. [22]

On Nov. 6, 2011, a Facebook group titled “Fire Graham Spanier” was created by a Penn State alumnus to pressure the board of trustees. [23] The group never achieved more than 100 members. Also on Facebook, an event titled "Sit in Silence during the Alma Mater" encouraged attendees of the final home football game of the season on Saturday, Nov. 12 to sit in silence while the Penn State Blue Band performed the Alma Mater. [24] An online petition calling for Spanier's ouster was created at change.org by a professional blogger and self-described "reality-based charismatic/Pentecostal Christian" who had no connection to the university. It garnered over 1,800 signatures in four days before closing. [25]

At emergency meetings on Nov 5 and 6, Spanier briefed the board of trustees. The board decided that they alone wanted to manage the unfolding crisis. [26] [27] On the night of November 9, the board announced that Spanier had resigned and Paterno had been fired — in both cases, effective immediately. [28] Several Penn State sources told StateCollege.com and The Patriot-News of Harrisburg that Spanier and Board of Trustees vice chairman John Surma mutually agreed that the best way forward for all involved would be for Spanier to resign "voluntarily and with grace." [29] [30] Other sources said the decision was not entirely voluntary; earlier that day The Express-Times of Easton reported the Board of Trustees had given Spanier an ultimatum—resign before that night's meeting or be fired. [31] [32] A member of the board later told The Morning Call of Allentown that the board was very angry about his statement of unconditional support for Curley and Schultz. [33] ABC News reported that Spanier had submitted a letter of resignation earlier in the day on Nov. 9. [34] Provost Rodney Erickson was named his successor.

In the wake of the Sandusky investigation, a Phoenix, Arizona private investigator named Paul McLaughlin publicly alleged he had been sexually abused by Penn State Professor John R. Neisworth and two other men in the late 1970s and early 1980s. [35] McLaughlin claimed to possess a tape of telephone conversations with university officials, including Spanier, to verify that he had tried twenty years later to inform the university, but he later had to file an affidavit acknowledging that he did not have such tapes. The charges filed against Neisworth and the two other men in 2005 were dropped that same year for lack of evidence. [36]

In November 2011 the Penn State Board of Trustees hired former FBI Director Louis Freeh to conduct an external investigation into the handling of the Sandusky matter. [37] Released on July 12, 2012, the Freeh report concluded that Spanier, Curley, Schultz and Paterno "concealed Sandusky's activities from the Board of Trustees, the University community and authorities." In addition, the report said the four men "exhibited a striking lack of empathy for Sandusky's victims by failing to inquire as to their safety and well-being" and that they allowed him "to have continued, unrestricted and unsupervised access to the University's facilities and affiliation with the University's prominent football program." [38] [39] Spanier and his attorneys disputed the accuracy of Freeh's findings, alleging it contained "many, many errors." [40]

A later report commissioned by the Paterno family by former U.S. Attorney General and former Governor of Pennsylvania Dick Thornburgh, concluded that the Freeh report was "seriously flawed" and a "failure." [41] Freeh's firm was reportedly paid $6.5 million by the Penn State trustees to compile the report. [41] Subsequent billings have raised the amount to $8.2 million. [42] A ruling by an arbitrator for the State Employee Retirement System, in an appeal pertaining to the revocation of Sandusky's pension in June 2014, also called into serious question the credibility of the Freeh Report. [43]

Earlier that month, on July 11, one year after the release of the Freeh report, Spanier's attorneys filed a lawsuit against Freeh and Freeh's firm, Sporkin & Sullivan, citing slander, libel and defamation. [44] The suit demanded monetary damages and a jury trial. [45] In two rulings in Centre County Court, and in a subsequent appeal to the Pennsylvania Superior Court, Freeh's efforts to force Spanier to file the details of his formal complaint were turned down as premature. [46] [47] On February 25, 2014, over the objections of Louis Freeh and his law firm, Spanier was granted a stay in his defamation lawsuit until his criminal case is resolved. [48]

On February 10, 2016, Spanier filed separate lawsuits against Freeh and Penn State, claiming university trustees and Freeh colluded in placing blame for Sandusky's alleged sexual misconduct on lack of action by Paterno, Schultz, Curley and Spanier. Spanier seeks a damage judgment against Freeh for defamation, and against the university for breaching terms agreed to upon his resignation in 2011. [49]

Criminal charges

On November 1, 2012, Pennsylvania Attorney General Linda Kelly announced that Spanier had been indicted for grand jury perjury, obstruction of justice, child endangerment, failure to report child abuse and conspiracy in connection with the scandal. The charges were partially based on findings in the Freeh report. [50] [51] Curley and Schultz were also indicted for these charges in a superseding indictment. [52] On July 30, 2013, the charges formally moved ahead following a preliminary hearing by District Judge William Wenner. [53]

Pretrial hearings in the case against Spanier began on December 17, 2013. Dauphin County Judge Todd Hoover ruled at that time that Spanier's attorneys would not be allowed to call to the stand Cynthia Baldwin. Baldwin, who had been an attorney for Penn State, had accompanied Spanier, Schultz and Curley to their grand jury appearances in 2011. All three men would testify they believed Baldwin was their legal representation. Later, under the protection of a proffer agreement—a form of immunity—with the attorney general, Baldwin testified against the three men in her grand jury testimony. Attorneys for Spanier, Curley and Schultz asserted this was a violation of attorney-client privilege and their clients' civil rights. Elizabeth Ainslie, one of Spanier's attorneys, said, "I was never notified that Ms. Baldwin was going to testify against Graham Spanier, and neither was he. [Baldwin] says different things at different times about who she represented." [54]

On January 22, 2016, a three judge panel of the Pennsylvania Superior Court unanimously overturned a decision by Judge Hoover and threw out charges of perjury, obstruction and conspiracy against Spanier and Schultz, and charges of obstruction and conspiracy against Curley. The court found that Baldwin breached attorney-client privilege by testifying as to confidential communications between her and Spanier to the grand jury. [55]

Trial and conviction

Shortly before their cases were to go to trial, Curley and Schultz accepted plea deals for one misdemeanor count each of endangering the welfare of children. [56] Spanier refused a similar deal and went to trial on March 20, 2017, on two counts of endangering the welfare of children and one charge alleging conspiracy with Curley and Schultz to cover up a molestation allegation against Sandusky; both Curley and Schultz testified at Spanier's trial. [57] On March 24, Spanier was found not guilty of the conspiracy charge and one of the endangerment counts. [57] He was, however, found guilty of one count of endangerment in a split verdict. [57] [58] His attorney indicated they would appeal the guilty verdict. [59]

On June 2, 2017, Spanier was sentenced to two months jail and two months house arrest. Additionally, Spanier was ordered to pay a $7,500 fine and perform 200 hours of community service. Curley and Schultz began serving their sentences on July 15, [60] but Spanier remained free while he appealed his conviction. [61] On June 26, 2018, his appeal to the Superior Court was rejected by a vote of two to one. [62] One of Spanier's attorneys said that Spanier would pursue a further appeal. [62]

On April 30, 2019, one day before Spanier was to have reported to Centre County Correctional Facility [63] to begin serving a two-month sentence, his conviction was overturned. U.S. Magistrate Judge Karoline Mehalchick ruled the conviction "was based on a criminal statute that did not go into effect until six years after the conduct in question, and is therefore in violation of Spanier’s federal constitutional rights.” [64]

On December 1, 2020, Spanier's conviction was reinstated by the United States Court of Appeals for the Third District. [3]

On May 27, 2021, Spanier was handed an order to begin serving two months at the county jail on July 9, followed by two months of house arrest, for a misdemeanor conviction of endangering the welfare of children. He was convicted by a jury in March 2017 but he remained out of jail due to appeals. [65]

On June 5, 2021, The Harrisburg (Pennsylvania) Patriot-News published a letter from Richard Black of Susquehanna, Pennsylvania. Black wrote, “As foreman of the jury that convicted Dr. Graham Spanier, I have carried (since then) the burden that the verdict was a gross miscarriage of justice! At the time, I voiced this privately with the friends and associates. It was my hope and prayer that the verdict would be set aside on appeal and that justice would prevail. Now I see that a jail term has been imposed and I can no longer remain silent. It is my firm and considered opinion that the prosecution of Dr. Spanier must end forthwith!” [66]

On June 7, 2021, Spanier was incarcerated at Centre County Correctional Facility in Bellefonte, PA. [67]

On August 4, 2021, Spanier was released from Centre County Correctional Facility after serving 58 days of his 60-day sentence. His sentence stipulates that he will serve two months of house confinement and complete 200 hours of community service. [68]

"In the Lions' Den"

Following his incarceration, Spanier completed writing his account of the Sandusky case and its aftermath. “In the Lions’ Den: The Penn State Scandal and a Rush to Judgment” was published in September 2022 by Gryphon/Eagle Press.

A review of the book in Library Journal states that Spanier's memoir “... refutes the highly disputed report prepared by former FBI director Louis Freeh…. Using evidence obtained through freedom of information laws and other sources, the author documents how many of his accusers have since been discredited and makes a convincing case of his innocence.” [69]

Edward Rendell, former Pennsylvania governor, wrote a testimonial for Spanier's account, saying “It is undeniable that this book raises real questions about our justice system.” [70] John H. Kramer, former executive director of the Pennsylvania Commission on Sentencing and former staff director of the United States Sentencing Commission, called it “... a must read for understanding the depth to which justice can fall…." [70]

Selected publications

Spanier has published more than 100 scholarly publications, including 10 books. He was the founding editor of the Journal of Family Issues , an associate editor of the Journal of Marriage and the Family , and a member of the editorial advisory board of the Journal of Marriage and Family Counseling . Among his most cited publications are:

Personal life

Spanier and his wife Sandra have two children. Sandra Spanier [71] is a professor of English and Women's Studies at Penn State and the general editor of The Cambridge Edition of the Letters of Ernest Hemingway . [72]

In 2019, Spanier had heart surgery. As of 2020, he suffers from an advanced stage of prostate cancer. [73]

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Graham Spanier
Graham Spanier.jpg
16th President of the Pennsylvania State University
In office
September 1, 1995 November 9, 2011