I attempted to start out in this sub-thread with simple questions. Was there anything in the procedures that could have confused things?
I agree that calling police was a rational option. And that the Clery Act doesn't prevent it in cases of suspected child sexual abuse.
I didn't misread the clause in the Clery Act. I used that to explain why certain things were written into the university procedure. (Feel free to ignore that & go back to my original question - was there anything in the procedures that could have confused things?)
I am not attempting to use the Clery Act as a justification for not contacting law enforcement. (Feel free to ignore that & go back to my original question - was there anything in the procedures that could have confused things?)
You're right that all of those provisions relate to a known victim. That's the point. There's nothing really in the Clery Act, Title IX laws, current or former university procedures, or even in the current CPSL about what to do with an unknown victim. So again I'll ask - was there anything in the procedures that could have confused things?
Does all this seem to highlight a big procedural gap existed back then?
Did you know Freeh was specifically charged with reviewing all of the university's procedures and identifying any gaps that existed? The gap was obviously found since it was fixed with the adoption of AD72.
Here's some ore background on all that:
https://bwi.forums.rivals.com/threads/memory-issues.171360/page-6#post-2743277
To be clear, I am not trying to make excuses for anyone. I'm trying to understand what might have happened and identify any lessons learned that should have been communicated but weren't.
If it is possible Paterno, Curley, or Schultz consulted that procedure, I am not saying there were afraid to violate it. But the procedure is clear that the victim should have as much control as possible over what happens with any reporting that is made. The whole point of that philosophy is to encourage victims to come forward primarily so they can get medial and psychological services, because it's been long recognized many victims are afraid to come forward because they fear going to police and the thought of having to relive the event in a confrontational court situation.
And yes, there are situations where victims can't be given full control because reporting to police is absolutely mandated, but the procedures are very clear that they have to be informed before that occurs.
So going back to 2001. Did those men receive a clear and unequivocal report of sexual assault? Maybe not. Were there strong suspicions? I think so. Had any of those men been involved in reports of sexual assault before? I think that's likely. How many of them involved a victim who was insistent that things be taken care of, but that they didn't want to go to police? Perhaps some; maybe even a majority? Is it possible they understood the importance of respecting a victim's wishes is the right thing to do, and that the victim's physical and emotional health is an extremely important factor to consider? I think so.
Had that child victim and/or his parent(s) come forward I tend to think they would have all they could to assist him. In the absence of a victim coming forward, what do you think they thought was the right course of action? Find a way to get information to that boy's parent(s) and let them know they were aware of a suspicious situation and had a witness? Maybe talk to the head of the offender's charity - the guy most reasonably able to identify that boy - as a way to get information to the parent(s)? And allow the parents to decide what the best course of action was for their son's emotional well-being?
To be honest - I have no idea if the procedures back then guided any of the actions those men took.
But doesn't it seem reasonable that it should be considered as a possibility, at least as it relates to illustrating potential lessons learned? How many universities do you think adopted specific child abuse procedures since PSU did in May 2012? How many universities only have procedures aimed at university students in order to be compliant with the Clery Act and Title IX?
FYI - I've looked into whether Michigan State has policies that adequately address child abuse. They do. However, I've only been able to find the policy that was updated on 1/1/2015, after MSU had conducted a three month investigation that cleared Larry Nassar of an allegation in 2014, and most recent revision to the policy before that was in June 2011.
Last point for your consideration. Here's some Title IX guidance from the Department of Educations's 4/4/2011 Dear Colleague letter, which was sent to universities to remind them of their responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX.
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
Schools also should inform and obtain consent from the complainant (or the complainant's parents if the complainant is under 18 and does not attend a postsecondary institution) before beginning an investigation. If the complainant requests confidentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation.