The quick action by high school staff members in Clinton County in response to reports of a possible sexual assault by Sandusky is in marked contrast to the reaction of top officials at Penn State University, who had actually received a first-hand report of a sexual attack by Sandusky seven years earlier.
"One of the most compelling and disturbing pieces of testimony in this investigation came from an eyewitness to a late-night sexual assault that allegedly occurred in March of 2002, in the locker room of the Lasch Football Building on the University Park Campus," Kelly said. "Hearing what sounded like sexual activity in the showers of a building that was supposed to be empty, a graduate assistant reportedly observed Sandusky sexually assaulting a naked boy who appeared to be about 10 years old."
According to the grand jury, the graduate assistant had returned to the football building that evening to put a new pair of sneakers in his locker and to retrieve some recruiting films, only to be surprised that the lights were on in the locker room and showers were running. The assistant immediately recognized Sandusky.
Kelly said the assistant, who was extremely upset about what he had seen, immediately called his father to relate what he had discovered. Together, the two decided that the assistant should promptly report the incident to head football coach Joe Paterno.
The next morning, the assistant telephoned Paterno and then went to Paterno's home to explain what he had seen. Paterno testified that he then called Penn State Athletic Director Tim Curley and met with Curley the following day, explaining that a graduate assistant had reported seeing Sandusky involved in sexual activity with a young boy in the showers at the Lasch Building.
Kelly said that approximately one and a half weeks later, the graduate assistant was called to a meeting with Curley and Gary Schultz, who was Senior Vice President for Finance and Business at the University. At that time, the assistant again recounted what he had witnessed Sandusky doing to a young boy in the showers of the football locker room.
"Despite a powerful eyewitness statement about the sexual assault of a child, this incident was not reported to any law enforcement or child protective agency, as required by Pennsylvania law," Kelly said. "Additionally, there is no indication that anyone from the university ever attempted to learn the identity of the child who was sexually assaulted on their campus or made any follow-up effort to obtain more information from the person who witnessed the attack first-hand."
Kelly said that rather than reporting the matter to law enforcement, Curley and Schultz agreed that Sandusky would be told he could not bring any Second Mile children into the football building. That message was also reportedly related to Dr. John Raykovitz at the Second Mile (Past Executive Director and Executive Vice-President and currently the President and CEO of the Second Mile).
"Despite this so-called 'ban', which was reviewed and approved by University President Graham Spanier without any further inquiry on his part, there was no effective change in Sandusky's status with the school and no limits on his access to the campus," Kelly said. "Sandusky's 'emeritus' position, alleged negotiated as part of his 1999 retirement, provided him with an office in the Lasch Football Building; unlimited access to all football facilities, including the locker room; access to all recreational facilities; a parking pass; a university Internet account; listing in the faculty directory and numerous other privileges - he had remained a regular presence on campus."
