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Sixth Annual SEC Communicators Association Conference
Beyond XXX and 000:
Lessons Learned from Penn State
Texas A&M University June 9-11, 2013 #SECCA13
Presenter: Chad Tindol, University of Alabama System
Moderator: Steve Voorhies, University of Arkansas
Background Facts Re: Freeh Report
• Commissioned by Board after first 3 arrests
• Freeh is the retired director of the FBI
• Hotline, 1430 interviews, 3.5M documents
• 162 page narrative, 17 pp. of recommendations
• Cost – At least $8.1 Million
Three Stages of Reading Freeh Report
I. Public Reading
II. Initial Administrative Reading
III. Less Obvious Lessons
All of these are important.
I. The Public Focus of the Report
II. The Initial Administrative Reading
President Graham Spanier–Later Indicted
VP Gary Schultz– Indicted and Later Add’l Charges
AD Tim Curley– Indicted and Later Add’l Charges
NCAA President: “unprecedented failure of institutional integrity”
Administrators’ Criminal Charges
• Perjury
• Obstruction of justice
• Failure to report child abuse
• Endangering the welfare of children
• Criminal conspiracy
Some Obvious Administrative Lessons
• Report suspected child abuse or neglect.
• Don’t lie to the grand jury.
• Don’t hide records.
• These trials await
III. The Three Less Obvious Lessons of the Freeh Report
Intro to “Less Obvious” Lessons
• My theories on where Freeh Rpt. may go:
1. responsibility,
2. transparency, and
3. proactive leadership.
• Some good recommendations of Freeh
• Something’s still missing? David & Bathsheba
Less Obvious Lesson #1:The Understanding of “Responsibility”
Has Changed?
The Sinking of the “Mary Frances”
• Black Warrior River
• 1919
• “Motor Launch” offered
free rides
• News; crowds; picnics
So What Followed this Tragedy?
• Who did the federal investigation conclude was at fault?___________________________
• What did the courts do? _________________
• What happened to boat owner and captain? ________________
So What Followed this Tragedy?
• Who did the federal investigation conclude was at fault?
• The children!• What did the courts do?• Refused to even hear a case!• What happened to boat owner and captain? • Nothing, legally speaking!
Compare to 2012 Freeh Report . . .
• $8.1 Million investigation
• 4 criminal defendants
• NCAA
• Multiple lawsuits
Those Blamed in the Freeh Report:
• “The most saddening finding by the Special Investigative Counsel is the total and consistent disregard by the most senior leaders at Penn State for the safety and welfare of Sandusky’s child victims.”
Is this “Heightened” University Responsibility limited to children?
Not on campus?•Copyright •Emergency messages
Not in the community?•Natural disasters
Possible Reading #1
• The understanding of “responsibility” is shifting and expanding.
• Especially for institutions?
• “Not my job” is not the same defense it was.
• And, “not my job” is not a message that rings true to our constituents.
Less Obvious Lesson #2:Lack of Transparency Now Stands as its
Own Wrong?
An Overly Simplistic Timeline
Crime Gets You in Trouble
Cover-up is Worse Than the Crime
Now, is a Cover-up even a necessary component of the
wrong?
Some Freeh Report Blame:
President•“discouraged discussion and dissent”
•“not promptly and fully advising the Board”
Board of Trustees•“failed. . . duties to oversee”
•“not inquiring”
•“not creating . . . environment where senior . . . officials felt accountable”
Possible Reading #2
• It’s not just the crime.
• It’s not just the cover-up.
• It’s more – Failing to encourage discussion? Failing to let others people know of suspicions? Failing to advise up the chain?
• Transparency
Less Obvious Lesson #3:“Leadership Demands Increased Proactive Steps? (Freeh’s Cure?)”
A Traditional Understanding of Wrongdoing
• Duty - reasonable efforts
• Avoid foreseeable harms
• That may cause injury to
others
Compare that to failings Freeh found:
• No policy on child protection
• No policy on Clery
• Insufficient background checks
• Insufficient training
Did those failings cause the molestation?
Freeh’s Findings:•No child protection policy/training
•No Clery policy
•No background checks
Causation?Would Sandusky care?
Clery involves crime reports. 1998 was reported
“3-4% of molesters have criminal backgrounds”
“spinning your wheels”?
Possible Reading #3
• Does causation play the role it once did?
• New expectation of more proactive leadership
• Need policies, training & checks
IV. But, will Freeh’s prescriptions fix the problem?
One can easily underestimate the impact of this New Post-Freeh World
Too simplistic fixes?•More committees•More policies•More training sessions
Do these answer need for?•Heightened responsibility•Lack of transparency•Proactive leadership
“Bathsheba Syndrome”
• The Bathsheba Syndrome: The Ethical Failure of Successful Leaders
• Journal of Business Ethics
• Easy to Google
Who Was David?
• Important in Judaism, Christianity, & Islam
• As child – shepherd & defeated Goliath
• As king – soldier, psalmist
• As father – Absalom & Solomon
• As an object of art – Michelangelo & Richard Gere
Who Was Bathsheba?
• Daughter of one of David’s chief advisors
• Wife of one of David’s generals
• Mother of Solomon
• Played by Susan Heyward, Alice Krige, Jane Seymour
• Painted by Rembrandt & Veronese
A Davidic Failing . . .
• David “spies” Bathsheba bathing
• David sleeps with her – Pregnant
• David tries to cover up the crime
What Would Louis Freeh Say about this?
All the Elements:•Heightened Responsibility•Lack of Transparency•Failure of Leadership
But:•Would policies have done anything?•Would committees have done anything?•This was the King.
Conclusions of the “Bathsheba Syndrome”
• Authors assert we delude ourselves that ethical failure results only from lack of knowledge of standards or competitive pressures.
• Some leaders (e.g., King David) ethically fail because of success
The Defendants?
Successful? Certainly knew the law? Needed a committee? Competitive pressure?
How Does Success Cause Ethical Failure?
• Temptations increase
• Complacency or lost focus
• Privileged access to people, info or resources
• Unrestrained control
• Begins to think he can control outcomes
When was article written?
1000 BC 1996-97 2012
1993
Some Conclusions
Freeh’s Modern Responsibilities:•Institutional responsibility
•Transparency
•Proactive leadership
Ancient Problems:•Won’t be easy to fix with training and committees
•Oversight and effort to fight complacency & temptation
•Do we all need a Nathan?
•Are you Nathan?
"Give the best you have, and it will never be enough. Give your best anyway."
-Mother Teresa