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sexual intercourse and indecent assault fell under Pennsylv

 
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MessagePosté le: 08/08/2018 08:03:25    Sujet du message: sexual intercourse and indecent assault fell under Pennsylv Répondre en citant

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Speaking from the western Pennsylvania prison where he is serving a 30- to 60-year sentence, Sandusky described how he retired from Penn State in mid-1999 to take advantage of an early retirement incentive, and then was immediately rehired on a temporary basis to coach one last season. A hearing examiner is taking evidence about the post-retirement benefits Sandusky received and the universitys connection to The Second Mile charity as part of Sanduskys appeal of the pension forfeiture. Sandusky said that after the 1999 season, he never received another paycheque or W-2 tax form from Penn State, never held himself out to be a Penn State employee and was even given a retirement party. At issue is whether he could be considered a school employee about a decade later, when he committed sex crimes against two boys that meet the states standards for forfeiture. Sandusky disputed documents that claim he received dozens of payments from Penn State after 1999. "I dont know the exact number for sure, but I know it was in the neighbourhood of three," he said. "It was far from 71." Sandusky was the only witness called by his lawyers, and the afternoon session began with a retirement system employee reading a timeline that outlined the former coachs history with the pension agency, starting when he was hired by Penn State in 1969. He lost a $4,900-a-month pension in October 2012, the day he was sentenced for 45 counts of child sexual abuse. The decision also precluded his wife, Dottie Sandusky, from collecting benefits. She attended the hearing Tuesday in Harrisburg. The State Employees Retirement System (SERS) ruled that his convictions for involuntary deviate sexual intercourse and indecent assault fell under Pennsylvanias Public Employee Pension Forfeiture Act. Sandusky had opted to participate in the state-sponsored retirement system while at Penn State, which is a "state-related" university, but he was not a state employee. At the heart of the dispute is whether Sanduskys ties to the university after his retirement, including some payments, made him a "de facto" Penn State employee while committing the crimes in question. His lawyer has argued he was not and that his employment contract was not renewed after the forfeiture law took effect in 1978 so its terms do not apply to him. Sandusky attorney Charles Benjamin has said Penn State made only six payments to Sandusky between 2000 and 2008, and three of them involved travel costs. The other three were speaking fees of $100, $300 and $1,500. In a Dec. 9 filing, Benjamin also argued that Sandusky did not fit the definition of "school employee" under the forfeiture law. "No reported case in the history of Pennsylvania jurisprudence has ever applied a de facto employee analysis to deny someone his retirement earnings, and SERS should not bow to political pressure and mob rule to deny claimant his retirement earnings," Benjamin wrote. In recent weeks, there was a dispute over the SERS witness list, which included two former Penn State administrators facing alllegations of a criminal coverup about Sandusky, former athletic director Tim Curley and former vice-president Gary Schultz. Ian Thomas Panthers Jersey. A SERS lawyer said at the start of the hearing that both men asserted their Fifth Amendment rights not to testify. There is currently no trial date set for Curley and Schultz, who are being prosecuted in the Dauphin County Courthouse, about two blocks from the SERS headquarters. It likely will be several months before the hearing examiner, Michael Bangs, produces his written recommendation to the retirement system board. If the board rules against Sandusky, he may appeal to Commonwealth Court. Meanwhile, a lawsuit filed by Joe Paternos family and others against the NCAA needs the schools involvement in order for parts of it to proceed, a state judge ruled Tuesday. The 25-page opinion by Judge John Leete delivered a mixed decision by dismissing some elements, keeping others alive and leaving the door open for an amended lawsuit to be filed. Leete said breach of contract claims, however, cannot continue without Penn States participation because the school is an "indispensable party," given that the lawsuit could affect the universitys interests and contractual rights. The lawsuit seeks to void a consent decree between the NCAA and Penn State over handling of the Jerry Sandusky child sex abuse scandal, an agreement that imposed a $60 million fine, a four-year ban on post-season play, a reduction in scholarships and other penalties. "If the consent decree is declared void, as plaintiffs request, Penn State would lose the benefits it bargained for, including avoiding harsher sanctions and limiting further loss that could result from a prolonged investigation," Leete wrote. He added that the NCAA had indicated earlier that the football program could be shut down if the decree was invalidated. Paterno family attorney Wick Sollers said the decision allows the critical claims in the lawsuit to go forward. The ruling will let "the bright light of legal discovery" shine on the facts and records, he said. Paterno died in 2012, weeks after the scandal erupted and he was fired as football coach. A Penn State spokesman declined to comment. "We are exceedingly pleased that the court rejected the plaintiffs effort to undo the consent decree," NCAA chief legal officer Donald Remy said in a statement. "As this was the last remaining legal challenge to the validity of the consent decree, we hope the courts decision finally brings closure to this issue and allows the Penn State community to continue to move forward under the consent decree and the athletic integrity agreement." The judge threw out a claim of interference with contractual relations but kept in place civil conspiracy and commercial disparagement elements. "Plaintiffs identified disparaging statements accusing Joe Paterno of enabling and concealing child sexual abuse and knowledge or reckless disregard with respect to their falsity," Leete wrote. He said that although the family did not meet a legal standard generally required in disparagement claims, the requirement is lifted when the disparaging statements are libelous. Leete also tossed parts of the defamation allegations, except as they apply to university trustee Alvin Clemens and two former coaches who sued, William Kenney and Jay Paterno, Joe Paternos son. 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