Doe 6 v. Pennsylvania State University

982 F. Supp. 2d 437 (2013)

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Doe 6 v. Pennsylvania State University

United States District Court for the Eastern District of Pennsylvania
982 F. Supp. 2d 437 (2013)

  • Written by Tammy Boggs, JD

Facts

As alleged in a complaint, minor John Doe 6 (Doe) (plaintiff) was sexually abused by Gerald Sandusky (defendant) on the campus of Pennsylvania State University (the university) (defendant). Sandusky was an employee and a high-profile football coach of the university for 23 years. Sandusky operated a charity dedicated to helping underprivileged children, and the university allowed the charity to use university facilities without supervision. In the late 1990s, Sandusky invited boys through his charity to exercise and play football on university grounds. During these sessions, Sandusky influenced Doe and other boys to shower with Sandusky, who inappropriately touched and molested the boys under the guise of being loving and playful. The misconduct was reported to various university employees and officials, who conducted investigations but did not press criminal charges or take personnel action. Sandusky was allowed to retire honorably. In 2012, Sandusky was convicted of 45 counts of criminal sexual assault as to multiple children, including Doe. Doe sued the university and Sandusky, alleging that the university was vicariously liable for Sandusky’s acts of molestation. The university filed a motion to dismiss the claim of vicarious liability.

Rule of Law

Issue

Holding and Reasoning (Brody, J.)

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