Allegations of child abuse at Penn State have spurred some lawmakers to close what they called a loophole here in the Empire State.
Assemblymen James Tedisco, R-Glenville, and George Amedore, R-Rotterdam, along with Sens. Hugh Farley, R-Niskayuna, and George Maziarz, R-Newfane, officially introduced the College Coaches and Professionals Reporting Act to the state Legislature on Thursday, Nov. 18. The bill would mandate college staff to report any alleged child abuse to the proper authorities.
After being in circulation for a day, 11 fellow Assembly members from both major parties have signed on to sponsor the bill.
“It’s clear from the bi-partisan support … there is a real recognition that New York has an opportunity to be progressive and close the ‘Penn State Loophole’ to help protect children,” Tedisco said in a statement.
Former Penn State assistant football coach Jerry Sandusky allegedly sexually assaulted eight male children he met through a charity program he created to help troubled young boys, according to a Pennsylvania grand jury report. The report also alleged many members of the Penn State community failed to properly report or attempt to stop the abuse.
Longtime football coach Joe Paterno was fired by the university’s Board of Trustees in the wake of the scandal, as was Penn State President Graham Spanier. Though allegations of wrongdoing were reported to college officials, it is alleged they were not passed on to police. Sandusky faces 40 criminal charges.
Tedisco said the bill is a positive aspect to the “tragedy” unfolding at Penn State.
“Caring about kids is not a Republican or Democratic issue, it is everybody’s issue,” said Tedisco.
Tedisco said he wanted top priority placed on the bill when the Legislature reconvenes. Amedore echoed these remarks and stressed the importance of passing the bill.
“Although it is unfortunate that legislation is needed to require adults to fulfill their moral responsibility, it is vital that we decisively bring this … on to the Governor’s desk,” Amedore said in a statement.
The bill would add a number of college and instructional titles to the list of mandatory reporters of child abuse, including college coaches, athletic directors, professors, graduate assistants, college administrators and college presidents. Also, paid staff members of children’s camps, summer day camps and travel camps would be added to the list.
Failure to report an incident of child abuse is a Class A misdemeanor crime, which carries a maximum penalty of one year in jail.
Sen. Maziarz said the legislation creates “another line of defense against attempts to ignore or cover up” allegations of child abuse.
Sen. Farley echoed Maziarz’s support of the bill.
“This legislation is necessary to help ensure that people do the right thing and take the necessary step to protect children from predators,” Farley said in a statement.
Karl Luntta, spokesman for the University at Albany, said there are already protocols on the SUNY campus for reporting such alleged crimes.
“We haven’t had time to review it, so I can’t comment directly on the bill,” said Luntta on Thursday, Nov. 17. “We do have protocols in place for reporting sexual assault. The university is committed to maintaining an environment here that supports our educational mission. … We do not tolerate sexual assault.”
He said there is a sexual assault prevention program on campus and there are “a couple avenues” for reporting sexual assault crimes.
Also, Luntta pointed to the Clery Act, which is a federal law passed in 1998, requiring the reporting of certain crimes occurring on a college campus.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act affects all colleges and universities receiving federal assistance and mandates the college community must be notified when certain crimes are reported to college officials or campus police. Coaches are considered to be college officials under the law.
“This law requires that sports and the athletics program that certain crimes, including sexual assault, when witnessed by a member of the athletics program, by law must be reported directly to police.”
At UAlbany, campus security is handled by sworn police officers, so reporting crimes to campus police would count as reporting directly to police.
