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Ben W. Heineman Jr.

Ben W. Heineman Jr. - Ben Heineman Jr. has held top positions in government, law, and business. He is the author of High Performance with High Integrity. More

Ben W. Heineman, Jr. was GE's Senior Vice President/General Consultant from 1987-2003, and then Senior Vice President for Law and Public Affairs in 2004 and 2005. He is currently a Senior Fellow at two Harvard schools: the Belfer Center for Science and International Affairs at Harvard's Kennedy School of Government and Harvard Law School's Program on Corporate Governance. He is also a Distinguished Senior Fellow at Harvard Law School's Program on the Legal Profession and Senior Counsel to the law firm of Wilmer Hale. A former Rhodes Scholar, editor-in-chief of the Yale Law Journal, and law clerk to Supreme Court Justice Potter Stewart, Mr. Heineman practiced constitutional law prior to his service at GE. His book High Performance with High Integrity was published in June 2008. In 2007, he served on the Independent Review Panel on the World Bank Group's Department of Institutional Integrity and is currently on an international panel advising the President of the World Bank on governance and anti-corruption. He is a recipient of the American Lawyer's Lifetime Achievement Award and the Lifetime Achievement Award of Board Member Magazine. Ethisphere Magazine named him one of the 100 most influential individuals on business ethics in 2008.

Penn State's Dangerous Culture of Silence at the Top

By Ben W. Heineman Jr.
Nov 10 2011, 9:00 AM ET Comment

Former university president Graham Spanier, not Joe Paterno, deserves the majority of the blame for covering up the child-molestation allegations

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AP Images

The issues that are tearing Penn State apart stem from a fundamental, recurring issue in institutional scandals: a culture of silence that puts protection of the university (or the corporation or the church or the governmental department) ahead of doing justice in individual cases and preventing injury in future ones.

The ultimate symbol of that dangerous culture of silence is not Joe Paterno, but the president of Penn State for 16 years, Graham Spanier. Both were fired by the Penn State trustees Wednesday evening for failing to ensure the police were informed of, among other things, a 2002 apparent rape of a young boy in a Penn State locker room by Jerry Sandusky, a former defensive coordinator of the football team.

Paterno's firing will receive the greatest attention--and commentary. But the ultimate responsibility for the failure to act lies with the university president.

According to the grand jury report, Spanier, like Paterno, knew of the 2002 incident but failed to go beyond the actions of the athletic department prohibiting Sandusky from bringing young boys onto the Penn State campus: this was nine years ago.

Spanier, a trained therapist, with a Ph.D. in psychology, had to know that a possible crime, of a serious nature, had been committed. He had to know that the alleged perpetrator could, quite possibly, repeat his actions, even if no longer in a Penn State locker room. He had to know that he had a moral responsibility to let public law enforcement authorities investigate and resolve the case in the name of both justice and prevention.

Yet he did nothing.  Somehow, he convinced himself that "protecting" the institution by sweeping the issue under the rug was more important than protecting young boys. That Paterno would want to do the bare minimum legally--report the incident "up to" the athletic director and then look away--is understandable even if indefensible, given his deep involvement in the football program.

But the decision of the president of a university, the ultimate authority who cannot kick the issue upstairs, is not just indefensible, it is not understandable, given his responsibilities. Yet, as with so many leaders of huge institutions who commit sins of omission, not commission, the moral impulse to do the right thing by individuals not the organization was weak.  

Spanier was the one who in 2002 who could easily have handled this matter  correctly.  At the end of the day, the deadly culture of silence always starts at the top. The leader has to make clear that the institution has a primary responsibility for integrity, not just doing what is lawful (which may not have occurred here) but also for doing what is right (which almost surely didn't happen here).

When informed of the board of trustees' decision to fire him, Paterno, with little grace, said that he was disappointed that he was not allowed to finish the season. Spanier at least had the good grace to say he understood the board's decision and that "the buck stops here."

Yes, it does, but his acknowledgment of this fundamental precept came nine years too late.



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