So he did was he was supposed to do, and that somehow inculpates him and makes him guilty of a coverup?
He did
only what the law
required him to do
and nothing more (and by the way, it is not even fully established that he did everything he was legally required to do; some legal commentators have speculated that if all the allegations are true, Paterno is also legally culpable. As I am not a lawyer, I will not speculate on this). And when it became more than apparent that the school authorities weren't going to give Sandusky anything more than a symbolic slap on the wrist
that they didn't even bother enforcing, Paterno
still sat on the knowledge and thereby allowed Sandusky to continue committing his crimes. Sandusky is known to have molested children a full five years after McQueary reported the rape he witnessed to Paterno. Paterno had knowledge that could have prevented this, and he sat on it. He is responsible for not turning Sandusky in to the authorities.
And yes, McQueary deserves condemnation for not reporting the information to anyone but his father and Paterno too, but he probably had PTSD after witnessing a child rape so I'm somewhat more willing to overlook his actions for at least the first year or so, though the fact that he sat on it for
nine years is highly questionable. (ETA: Also, no one is rioting over anything that has happened to McQueary, which is why I'm focusing mostly on Paterno in my responses).
That's not to say that he could not have done more, but to deem the actions of someone who has done nothing illegal to be wrong is not for others to judge.
Yes, it is for others to judge. Paterno, upon finding out that Sandusky was a rapist, had an
ethical obligation to do everything possible to ensure that Sandusky did not rape again. By simply reporting the incident to his superiors and walking away without Sandusky being put behind bars or basically facing
any consequences whatsoever, he was sending the message that nothing Sandusky did would result in any consequences and Sandusky would be able to repeat his actions with impunity. And for years that turned out to be an accurate impression; as stated, his superiors did
absolutely fuck-all.
The fact that Paterno discovered his subordinate was a rapist and simply allowed nothing to happen to him after it became apparent that his superiors weren't going to do anything makes him complicit in the cover-up, no matter what the law says. If the law absolves him of any responsibility for his actions, it is the law that is at fault. The law should create a system of incentives that minimises suffering wherever possible. A chain of command that allows a systematic network for grooming victims of a paedophile to exist does not minimise suffering, and it is the ethical responsibility of responsible citizens to dismantle it and replace it with something that does minimise suffering.
That's why its their code of ethics that I'm sure they have annual meetings about, kist like we do here. Chain of commamd applies here as well.
There is no code of ethics to a system that finds out a coach is a serial child rapist and not only does not turn him into the law but continues to allow that coach access to children. Such a system is 110% ethically bankrupt, and it is the responsibility of ethical citizens to circumvent it and report people protected by such a system to the law, which has a chance of
actually doing something about child abuse.
Ofc if you happen to be wrong, going to the police can end in a countersuit and ruin your life.
- If the possibility of truthfully telling the police, "My subordinate reported to me that he has witnessed a child rape," is that you can be sued if it turns out your subordinate lied, then once again that is an ethical fault with the law that needs to be rectified. You are not the one who has lied in this scenario; your subordinate is. Your subordinate should be the one punished in this scenario.
- It is possible to make anonymous tips to the police, so even if you are worried about being sued, it does not need to prevent you from reporting one of the most grievous crimes imaginable.
- The potential of being sued is supposed to be a valid reason not to report child rape? Boo fucking hoo. What about the dozens of victims who had their lives ruined because someone was more concerned about the appearance of his institution than he was with seeing a serial predator was brought to justice? Once again, anyone who prizes his career over the welfare of children is slime. Paterno knew Sandusky was in a position to rape dozens of other children if he so chose. Fuck-all was done to prevent this. Paterno might not have been the seniormost person in the chain of command, but he still had the ability to put a stop to Sandusky's actions simply by reporting them to the law, and he chose not to do so. He deserves every bit of bile that gets thrown his way.
If anything, his superiors are the ones covering it up.
Everyone who knew about Sandusky's actions and did not turn him in is part of the cover-up.
Everyone.