First of all, so what? They took Courtney's counsel under advisement. They broke no law. And they never ruled out reporting JS, but in their judgment it wasn't necessary unless Sandusky disobeyed their directive. Obviously, once Jack Raykovitz was informed, the ball was in his court.
Secondly, blame for what? No one thought Allan Meyers was ever in any danger!
Their sole focus was to prevent a future he said/he said scenario. The boy was not even alluded to in the notes or emails.
Finally, not reporting did not leave them vulnerable because of what Sandusky had already done, but for what he might do in the future. And as it turned out, he did not do.
Courtney's counsel was a bag of donuts.
Wendell Courtney, a former lawyer for Penn State, testified at the trial. Courtney served on a team representing Penn State starting in 1980 and took over as leader for the team in 1995, the same year Spanier assumed the presidency of Penn State.
Courtney received a call from Schultz requesting legal advice. The call involved a report of what Schultz described to him as “horseplay in the showers that made a graduate assistant coach uncomfortable,” Courtney testified.
Courtney testified he imagined what he thought was kids sliding in the showers from what he was told by Schultz, who mentioned no allegations of sexual abuse when he called Courtney. He further testified about Sandusky's reputation in State College.
"He goofed around with kids all the time," Courtney said. "He appeared as an affection fatherly figure for the kids in The Second Mile."
Schultz told the jury that he told Spanier in 2001 that Sandusky was "horsing around" with a child, mirroring a comment made by Paterno to him. "Horsing around" was something Schultz knew Sandusky for.
"Jerry was always horsing around," Schultz said.
One common thread weaved through the testimony of any witness to talk about Spanier’s knowledge of the 2001 incident. No one on the stand said Spanier was told the incident in 2001 was sexual in nature.
Spanier’s conviction closes only one of the chapters in the Sandusky child sex abuse case at Penn State. Spanier still faces a sentencing hearing, the possible penalty could land him in jail for five years and get him fined $10,000. His legal team said they would appeal the conviction.
Sandusky had the first of his second set of appeal hearings, this time with a new judge, on the same day Spanier received his conviction. Sandusky has two more hearings in May. Sandusky is serving 30 to 60 years in prison after receiving a conviction on 45 counts of child sex abuse.
Spanier has two civil lawsuits, one of which is pending scheduling. Spanier filed a lawsuit seeking damages from Penn State in February 2016, as previously reported by The Daily Collegian. Penn State counter-sued, accusing that when Spanier failed to disclose his knowledge of prior incidents involving Jerry Sandusky, he violated his duty to Penn State, according to court documents.
Penn State demanded Spanier repay over $6 million in compensation for his alleged violations, as previously reported by The Daily Collegian.