Tag Archives: trustee

Second Thoughts About Joe Paterno

Joe Paterno.jpg

Some Penn State alumni, outraged over the Board of Trustees peremptory firing of Coach Joe Paterno, are organizing a campaign to elect three new trustees.  The objective of Penn Staters for Responsible Stewardship is, ultimately, to oust the current Board.  The Board fired Paterno, two University officials and the University President for not responding forcefully to accusations of child sexual abuse in the football-team shower room.  Many alumni, including hundreds who met with the new President at hotels in the Pittsburgh, New York City, and Philadelphia areas recently, were outraged that the Board had not verified the accusations before acting.

According to indignant alumni, the Penn State Board of Trustees confused two separate, unequal cases.  One case was possible perjury before a grand jury by Tim Curley, the Athletic Director, and Gary Schultz, the senior vice-president in charge of the Penn State Police.  The second case was the charge against Jerry Sandusky that he possibly sexually molested a young boy in the Penn State football-team shower room.

Curley and Schultz were suspected of lying to conceal discreditable behavior damaging to the reputation of the Penn State football program.  Guilty or innocent, they face enormous legal costs to mount a defense against the perjury charge.  If convicted, they will probably go to prison.  But the evidence for the indictment for perjury is weak.  It rests entirely on the grand jury testimony of assistant football coach Mike McQueary in the fall of 2011 about what he saw nine years earlier when he was in his early twenties.  McQueary remembered being shocked when he accidentally observed in the shower room of the Penn State football team what appeared to be a former coach sexually molesting a pre-adolescent boy.  Here is how the Washington Post described McQueary’s account of the 2002 incident when called as a witness in a District Court hearing last December 16:

In his testimony at the preliminary hearing for Tim Curley and Gary Schultz, McQueary said he believes he saw Sandusky sexually molesting a boy in the shower but was not 100 percent sure it was intercourse.

McQueary said he peeked into the shower several times and saw Sandusky with his hands wrapped around the waist of a boy he estimated to be 10 or 12 years old. He said both were naked, the boy was facing the wall, and that the last time he looked in, Sandusky and the boy had separated.

“I know they saw me,” McQueary said. “They looked directly in my eye, both of them.”

Tim Curley and Gary Schultz have both insisted publicly that, when McQueary told them in 2002 what had disturbed him, he did not mention anal rape, as some newspaper accounts reported.  McQueary had told his story first to Coach Paterno in 2002, and Coach Paterno’s recollection of their meeting characterized McQueary’s report similarly.  Here is what Joe Paterno said on November 6, 2011, about their 2002 meeting:

As my grand jury testimony stated, I was informed in 2002 by an assistant coach that he had witnessed an incident in the shower of our locker room facility. It was obvious that the witness was distraught over what he saw, but he at no time related to me the very specific actions contained in the Grand Jury report. Regardless, it was clear that the witness saw something inappropriate involving Mr. Sandusky. As Coach Sandusky was retired from our coaching staff at that time, I referred the matter to university administrators.

The grand jury accepted McQueary’s graphic report as a faithful account of what happened and what he told about it to Paterno, to the Athletic Director, Tim Curley, and to Gary Schultz, the senior vice-president.  Curley, Schultz, and Paterno remembered the conversations with McCreary differently.  According to all three of them, McQueary said nothing about anal rape, only that Sandusky and a preadolescent boy were showering together in the shower room and “horsing around.”  Because the grand jury believed that McQueary was telling the truth and that Curley and Schultz were lying to minimize disreputable behavior at the University, it indicted Curley and Schultz for perjury.  Whether or not they committed perjury has nothing to do with whatever Sandusky did or did not do to a boy in the shower room.  (The grand jury did not explain why it did not also indict Coach Joe Paterno for perjury; his report of his conversation with McQueary was identical to the accounts given by Curley and Schultz.)

Questionable Indictments

The Board of Trustees apparently considered the indictments of Sandusky, Curley, and Schultz evidence of guilt.  On the evening of November 9, the Vice-Chairman of the Board, John Surma Jr., made a vague public statement explaining why the Board fired Joe Paterno, the Athletic Director to whom he reported, the vice-president to whom the Penn State Police force reported, and the president of Penn State University itself.

We thought that because of the difficulties that engulfed our university, and they are grave, that it is necessary to make a change in the leadership to set a course for a new direction.

A jury would have to believe – despite an absence of corroborating evidence — that Coach Paterno and the two administrators lied independently to a grand jury about what McQueary told them in 2002 or conspired with one another to lie in order to protect the University from bad publicity.  The jury would also have to believe that reputable University officials chose to cover up the rape of a ten-year-old boy.  More plausible is faulty memories rather than lies.  McQueary stumbled on what seemed to him improper and upsetting sexual behavior between a coach and a pre-adolescent boy, but he did not remember exactly what went on nine years earlier.  Surely the defense attorneys will raise questions about how McQueary reacted to what he saw and what he heard during the 2002 incident.  He did not claim to have heard the boy cry out, “Help!” although he said that the boy saw him. He did not claim to have himself shouted, “What’s going on here?”  All he did was peek into the shower room three times and then go home and telephone his father.  Paterno, Curley, and Schultz all deny receiving explicit information about an anal rape.

The perjury indictments have little to do with football at Penn State, only with the accusation that two reputable University administrators lied to a grand jury (for which they are potentially liable to be given long prison terms).  The collateral damage of the perjury indictments – inflicted by the Board of Trustees — was the firing of Coach Paterno and of Penn State President Graham Spanier. Perhaps a prudent Board of Trustees should not have rushed to administer punishments.  As one of my former students, now a senior executive of an organization in the professional sports field commented about the uproar at Penn State in an email:

Where is the adult in the room who says, “Hold on. We have a legal process and we need to follow it in the most routine cases and even for the most hideous ones. This case is no exception.”

The American system of criminal justice does not usually imitate the Queen in Alice in Wonderland, who enunciated the principle of “Sentence first, verdict afterwards.”  Maybe current members of the Board never read that criminological classic or understood that Lewis Carroll was ridiculing arbitrary punishments.  Maybe Penn Staters for Responsible Stewardship should distribute copies of Alice in Wonderland to all members of the Board of Trustees as well as to the new members they succeed in electing.

Dartmouth Foils Its Donors

dartmouth_seal_text_top_web.jpg

It’s a constant skirmish between donors seeking to fund specific scholarly projects at universities and the universities’ administrators, who would typically like to see as much of that money as possible go to “unrestricted” uses–that is, whatever the administrators, not the donors, deem  the best use of the funds. And nowadays, with universities’ endowment values falling during the current recession, “best use of the money” can often mean covering deficits in the universities’ general operating budgets, deficits sometimes occasioned by wasteful spending on grandiose campus construction projects or–even worse in the eyes of some donors–ideological projects such as “diversity” and “sustainability” offices only marginally connected to the delivery of higher education.

Hence the recent and increasingly widespread phenomenon of the “levy”–a rake-off by administrators of a percentage of the income from endowed programs and endowed professor’s chairs, ostensibly to cover overhead and other “associated program costs,” as universities call them, but in fact a bit of naked budget-balancing. Such was the case in late May, when top administrators of Dartmouth College announced that it planned to increase, as of the fiscal year that began July 1, the percentage of its levy from 14.29 percent to 19.1 percent. Dartmouth administrators announced that the nearly 33 percent levy hike would raise $2 million that would have previously gone to endowment recipients but now would help close Dartmouth’s $100 million budget deficit.

Continue reading Dartmouth Foils Its Donors

Dartmouth Turns on a Dime

I once asked a pilot friend if he didn’t tire of the lumbering, leviathan commercial airliner he flew. He surprised me by saying that a 747 can handle like a Lamborghini if ever it needed to.
A bit of that seems to be underway in Hanover, New Hampshire, where the new president of Dartmouth College, my alma mater, is responding with alacrity to the slackening economy. Even given the market’s nosedive, Dartmouth possesses a substantial multi-billion dollar endowment and employs nearly 2,800 full-time equivalent staff and 450 faculty. That’s a rather large organization—one now operating at a loss of $34 million.
But Dartmouth has one big asset: a group of Carl Icahnesque independent trustees who were elected by worried alumni in 2004, 2005, and 2008. These outsiders were vigorously resisted by Dartmouth—whose power establishment didn’t want activist directors—but the outsiders’ platforms of staunch fiscal conservatism and a leap out of the thicket of professional educrats won the day. After all, who needs a “Sustainability Director” or a “Dean of Pluralism”?
Alumni responded by their levels of giving, and Dartmouth’s former president, historian James Wright, responded by resigning his post early. In that position, now, is Jim Kim, the Harvard doctor who has never been the head of a major organization but who has now been thrown into a parlous billet.

Continue reading Dartmouth Turns on a Dime

Thanks, Hank!

In his brief tenure as president of the University of Colorado, former U.S. Senator and ACTA National Council member Hank Brown – who stepped down this past weekend – managed to leave an indelible mark on CU and higher education generally.

Taking the reins in the wake of a number of scandals, Brown established a national model for institutional responsibility. Under his leadership, CU vigorously stood up for academic excellence and accountability. And the steps taken – committing to intellectual diversity at the board level, tackling grade inflation, and performing a groundbreaking review of the tenure process – offer presidents and boards across the country an unmatched illustration of ways to ensure quality education for students and taxpayers.

In tackling the challenges before him, Brown also set an example for presidential leadership. CU’s handling of the investigation and subsequent firing of Professor Ward Churchill was praiseworthy in its focus on due process and its fundamental understanding that academic standards are best set and enforced by academics themselves. At the same time, Brown understood and acknowledged the urgent need for higher education to be accountable to those who support it – and the important role citizens and alumni can play in demanding that their alma maters live up to their highest ideals.
Indeed, Brown’s belief in the importance of outside input underscored his early support of outside input. It’s gratifying indeed to review the prescient Roll Call article he wrote back in 1995 – along with his Senate colleague Joe Lieberman – underscoring the importance of alumni and trustee voices and acknowledging that “[c]ampus political pressures often make it difficult for those on campus to defend academic freedom.”

Continue reading Thanks, Hank!

Trustee Out, Diversity In?

John Moores is a friend of mine. When I was a member of the Board of Regents of the University of California, John was my closest ally. Occasionally, we found ourselves on different sides of specific issues, like student fees. But, more likely than not – and especially on other fundamental issues – our perspectives and our votes were in accord. I grew to respect John as one of the most dedicated and talented Regents with whom I had the pleasure of serving during my twelve-year term.

On November 12 of this year, John tendered his resignation, nearly a year and a half before the scheduled expiration of his term. With the resignation of John Moores, California is losing an extraordinary public servant. Because of his stature as an icon in the San Diego community, one of California’s most distinguished citizens, and one of America’s most generous and successful entrepreneurs, it is useful for us pause and reflect on the reasons for the early resignation of John Moores.

Continue reading Trustee Out, Diversity In?

Donors – Remember Princeton

The case of the Robertson Foundation versus Princeton University has not, after nearly five years of litigation, yet come to trial. But it’s already shaping up to be the most expensive donor intent case in history. Reports of spending by the Robertson family differ, but news reports indicate the family may have spent as much as $20 million trying to sever their foundation from Princeton University control.

As for Princeton, an article that appeared in the Daily Princetonian in October stated that the university had, so far, committed $22 million to defending itself. Princeton is so deeply committed that in June the university won a suit against its insurer, a subsidiary of the giant firm American International Group. The insurer, according to an article in the Newark Star-Ledger, balked at paying more than $5 million under Princeton’s policy. The courts ordered AIG to give Princeton another $10 million. (AIG, however, plans to appeal.)

The stakes are high because the Robertson Foundation constitutes around eight percent of Princeton’s endowment with a value of $850-900 million. But the case also involves the issue of what rights the donor has over whether his gift would be used or misused.

Continue reading Donors – Remember Princeton

Robert Dynes An Example Of Larger UC Problem

[This piece also appeared in the San Francisco Examiner]

Robert (Bob) Dynes is president of the University of California (UC) – and has been in that position since October, 2003. During my tenure as a member of the Board of Regents of UC, I worked with Bob while he was chancellor of the campus at San Diego and during his reign as president of the entire UC system. Bob Dynes has excellent credentials as a physicist and he is a very decent human being. But, in announcing his retirement from the UC presidency. Bob is doing something he should have done the day he was selected to head the UC system. In fact, it was a mistake from the outset to select him, for which I am just as responsible as all of the other regents.

Some contend that Dynes was “encouraged” to resign by the regents because of his handling of administrative compensation and other “perks.” This is undoubtedly true. Yet, while his departure is the right decision, the mishandling of executive compensation or the perception of him as a weak administrator are the wrong reasons for “encouraging” him to ride off into the sunset. It would be useful to examine some of the problems at UC.

Continue reading Robert Dynes An Example Of Larger UC Problem

The Dartmouth Headlines

What do news outlets have to say about the Dartmouth Trustee fracas?

Dartmouth News “Dartmouth Trustees Vote to Strengthen College’s Governance”
New York Times “Dartmouth Expands Board, Reducing Role of Alumni”
New York Sun “Dartmouth Guts Power of Competitively Elected Trustees”

Let me just suggest that one of these is less accurate than the others; I wouldn’t want to unfairly influence anyone’s judgment by saying more.

Administrative Orthodoxy At Ave Maria

Tom Monaghan, founder of Domino’s Pizza, Ave Maria University, and the town of Ave Maria, Florida (in that order) obviously isn’t attracting media acclaim in his effort to establish a conjoined orthodox Catholic University and Catholic town on a former tomato farm in Southwest Florida. No, he comes off as something as something of an Inquisitor, putting a farm of happily secular Florida tomatoes to the sword to make room for a bishopric of right-wing Catholics. The caviling about Monaghan, for the most part, is easily explained; Monaghan has explicitly proclaimed his intention of creating an orthodox Catholic University, and his critics despise the thought.

Monaghan’s truly revolutionary step here isn’t imagining a university – it’s that he hasn’t simply handed his dream over to the standard mush of college administration, but has remained deeply involved with the project – so far as to literally uproot the college over several states. The college’s move from the Midwest to Southwest Florida is a rather dramatic example of a founder’s influence, but American higher education seems to have altogether forgotten the experience of a living founder in this day of universal rule by amorphous faculty-trustee-administrator confederation (aka “our costs will always go up but no one knows who’s responsible”). Faculties are accustomed to Presidents who can be curbed when overly outspoken (Laurence Summers) and administrations are accustomed to routinely ignoring the wishes of donors and trustees (the Bass donation at Yale, the Robertson donation at Princeton). Monaghan is a very different quantity in this mix, an individual who hasn’t been content to see his wishes run aground in the morass of standard academic decision-making. He’s continued to exert a very active role in his University – a step that professors would see in almost any case as a clear intrusion into their purlieus.

Continue reading Administrative Orthodoxy At Ave Maria

Dartmouth Alumni Resurgent

HANOVER, NEW HAMPSHIRE – At most elite colleges and universities in America, the barometer of alumni engagement is simple: How many of them sign checks each year? At Dartmouth College, the smallest of the Ivy League schools and the only one with a democratized Board of Trustees, the measure is voter turnout.
Stephen F. Smith, Class of 1988, just completed his run for a seat on Dartmouth’s Board. He’s the fourth in a line of “petition candidates” – alumni who earned their spot on the ballot after sending a letter to alumni asking for signatures. Five hundred signatures are necessary, but petition candidates usually receive substantially more. In fact, the number of petition-signing alumni increases each year. Like the three earlier petitioners, Stephen Smith ran against a slate of formally nominated candidates who are supporters of Dartmouth’s administration and are reticent to upset the status quo. But Smith has some tough questions to ask. And like the three earlier petitioners, he has emerged from an improbably caustic campaign with a decisive 55% victory. Continue reading Dartmouth Alumni Resurgent