The document, officially titled, “Report to the Board of Trustees of the Pennsylvania State University on the Freeh Report’s flawed methodology and conclusions” was completed and presented to the full trustee board in the summer of 2018.
The seven trustees who commissioned the report said the full board decided to not make its findings public.
In 2011, in the wake of the arrest of former assistant football coach Jerry Sandusky on charges that included involuntary deviate sexual intercourse, the university commissioned former FBI Director Louis Freeh to compile a report on the university’s involvement. Freeh was reportedly paid $8 million.
In its report, the group of seven former and current trustees concluded Penn State paid for an independent investigation that was not independent, fair or thorough.
The trustees’ report said the Freeh report investigators used deeply flawed methodology and the report is full of factual mistakes. Page 18 of the trustees’ report, titled “Use of coercion,” said the Freeh investigators “shouted, were insulting and demanded that interviewees give them specific information — such as — tell me Joe Paterno knew Sandusky was abusing kids.”
This report said some university employees who were interviewed were told cooperation was a key to keeping their jobs. In fact, one employee told the investigators of the Freeh report that he was fired for not cooperating.
The trustee’s report said the Freeh team did not interview many key figures in the Sandusky scandal, including Sandusky, Paterno and university administrators Tim Curley and Gary Schutz, as well as Mike McQueary.
The Freeh report said Penn State has a football culture problem. But the trustees’ report says Freeh had a conflict of interest with the NCAA, and that his company was attempting to be the organization’s go-to investigative firm.
The trustees’ report also contains a long discussion about the Freeh team’s claim of being independent, with the trustees’ report finding the Freeh team was actually sharing information with the NCAA, Penn State administrators and the prosecutors in the Sandusky case.
Freeh has long defended his work at Penn State, saying in the past, “Since 2015, these misguided alumni have been fighting rearguard action to turn the clocks back and resist the positive changes which the PSU students and faculty have fully embraced.” Freeh’s report included more than 100 recommended university policy changes, many of which were adopted by Penn State.
The seven current and former trustee signatories to the report are Ted Brown, Barb Doran, Bob Jubelirer, Anthony Lubrano, Ryan McCombie, Bill Oldsey, and Alice Pope. They used their access to this source information to develop the report that was published by WJAC, disputing the Freeh Report’s findings and calling the Board’s previous “tacit acceptance” of the Freeh Report “a fiduciary breach.”
The report lays out its findings in a pretty straightforward manner:
(1) There’s no support for the Freeh Report’s conclusion that Paterno, Spanier, Curley, or Schultz knew of Sandusky’s sexual abuse of children.
(2) There’s no support for the Freeh Report’s conclusion that Penn State’s culture was responsible for allowing Sandusky’s sexual abuse of children.
(3) The independence of the Freeh Report was compromised by collaboration with the NCAA, then-Pennsylvania Governor Tom Corbett and the state attorney general, and members of the Board of Trustees.
(4) The NCAA, Corbett, and the Board of Trustees influenced the Freeh Report with conflicts of interests.
(5) The Freeh Report used “unreliable methods for conducting and analyzing interviews” upon which it based its conclusions.
The report from the small group of trustees rejects the Freeh Report, saying Freeh “did not fulfill his obligation to conduct an independent and comprehensive investigation.”
“There’s no doubt in my mind, Freeh steered everything as if he were a prosecutor trying to convince a court to take the case,” Barron said, adding that Freeh “very clearly paints a picture about every student, every faculty member, every staff member and every alum. And it’s absurd. It’s unwarranted. So from my viewpoint the Freeh report is not useful to make decisions.”
The Penn State Trustees who assembled the Report on the Freeh Report’s Flawed Methodology and Conclusions stated:
“The fact is the Board’s tacit acceptance of the Freeh Report led to profound reputational damage, along with over $250 million in costs so far to Penn State. It is perplexing that the University clings to the conclusions of a report that has been criticized by so many, including Penn State President Eric Barron. We fervently believe that the best way forward is for the Board and the University to openly and thoughtfully consider the comprehensive and well-researched findings from our review so that we can finally come to an honest conclusion.”