Fair Comepnsation at Penn State

Following the release of that scathing report about the Sandusky sex abuse cover-up at Penn State, CNN legal commentator Jeffrey Toobin observed that “wheelbarrows” would be needed to transport all the money the university would have to pay out to the victims in view of the punishment that angry juries would likely inflict in the inevitable lawsuits.

But what of the “other” victims here -- the students, faculty, administrators and board members who were not involved, and even the local community the university supports? Who is going to compensate them?

Certainly, the minors who were directly abused by Sandusky are entitled to fair compensation for what’s been done to them. But how much of a blow can the university take, especially if its insurance coverage doesn’t apply? Will classes have to be cut, faculty and other workers laid off? How about the vaunted football program, which would seem to be an especially juicy target?

Just to start with that, there are students whose opportunity for a college education depends on their ability to play football, and many have gone on to be productive members of society. Is that program now worthless?

It would clearly be appropriate to remove Joe Paterno’s statue from the campus, or at least cover it with a tarp for a long time. But Paterno and the other villains in this scandal are gone now – in his case, really gone. What more can the school realistically do?

When it comes to damages, it could be argued that no amount of money can fairly compensate Sandusky’s victims, meaning that huge awards to these folks would, in the great scheme of things, serve primarily as a symbol of the terrible things that have happened to them and a warning that such offenses will be have dire consequences in the future. When it comes to the money, though, I hope that a sense of balance prevails among the attorneys seeking compensation for their clients (and themselves) and among the civil juries deliberating cases that go beyond the settlement phase. There are others who will be suffering losses for which they have no remedy.