They were charged in connection with the attorney general's investigation of longtime assistant football coach Jerry Sandusky, who was arraigned on 40 counts related to sexual abuse that occurred over 15 years.
The grand jury presentment recounts in considerable detail what authorities say were multiple reports of sexual misconduct or, at the very least, questionable behavior provided to Curley and Schultz. And on at least one occasion, alarming information was made known to legendary football coach Joe Paterno and university president Graham Spanier.
Yet, Kelly charged, the university failed to take steps to stop Sandusky.
"I think they are liable. They may not be liable if this activity occurred outside the confines of the university premises, but from what I understand, he [Sandusky] was given wide access to a lot of facilities," said Sol Weiss, a partner in the prominent Center City plaintiffs firm Anapol Schwartz.
"It is a big exposure," Weiss said.
Weiss, whose firm has filed a class action on behalf of youths illegally sentenced in the Luzerne County judicial scandal, likened Penn State's legal liability to that of the Roman Catholic Church, which has been slammed with huge verdicts and criminal prosecutions for failing to root out sexual abuse by priests.
Matt Casey, name partner of the Center City plaintiffs firm of Ross Feller Casey L.L.P., said the university's primary exposure lies in the fact that it appears to have received multiple reports over the years that Sandusky had sexual contact with young boys. Sandusky, who retired in 1999 but held emeritus status, had wide access to university athletic facilities and other areas of the campus.
