appropriate way to follow up on ‘horsing around,’” Spanier said later. “I had never gotten a report like that before.”
If Harry Markopolos had been president of Penn State during the Sandusky case, of course, he would never have defaulted like this to the most innocent of explanations. A man in a shower? With a boy? The kind of person who saw through Madoff’s deceit a decade before anyone else would have leaped at once to the most damning conclusion: How old was the kid? What were they doing there at night? Wasn’t there a weird case with Sandusky a couple of years ago?
But Graham Spanier is not Harry Markopolos. He opted for the likeliest explanation—that Sandusky was who he claimed to be. Does he regret not asking one more follow-up question, not quietly asking around? Of course he does. But defaulting to truth is not a crime. It is a fundamentally human tendency. Spanier behaved no differently from the Mountain Climber and Scott Carmichael and Nat Simons and Trinea Gonczar and virtually every one of the parents of the gymnasts treated by Larry Nassar. Weren’t those parents in the room when Nassar was abusing their own children? Hadn’t their children said something wasn’t right? Why did they send their child back to Nassar, again and again? Yet in the Nassar case no one has ever suggested that the parents of the gymnasts belong in jail for failing to protect their offspring from a predator. We accept the fact that being a parent requires a fundamental level of trust in the community of people around your child.
If every coach is assumed to be a pedophile, then no parent would let their child leave the house, and no sane person would ever volunteer to be a coach. We default to truth—even when that decision carries terrible risks—because we have no choice. Society cannot function otherwise. And in those rare instances where trust ends in betrayal, those victimized by default to truth deserve our sympathy, not our censure.
7.
Tim Curley and Gary Schultz were charged first. Two of the most important officials at one of the most prestigious state universities in the United States were placed under arrest. Spanier called his senior staff together for an emotional meeting. He considered Penn State to be a big family. These were his friends. When they told him the shower incident was probably just horseplay, he believed they were being honest.
“You’re going to find that everyone is going to distance themselves from Gary and Tim,” he said. But he would not.
Every one of you in here has worked with Tim and Gary for years. Some of you, for thirty-five or forty years, because that’s how long Tim and Gary, respectively, were at the university.…You’ve worked with them every day of your life, and I have for the last sixteen years.…If any of you operate according to how we have always agreed to operate at this university—honestly, openly, with integrity, always doing what’s in the best interests of the university—if you were falsely accused of something, I would do the same thing for any of you in here. I want you to know that.…None of [you] should ever fear doing the right thing, or being accused of wrongdoing when [you] knew [you] were doing the right thing…because this university would back them up.9
This is why people liked Graham Spanier. It’s why he had such a brilliant career at Penn State. It’s why you and I would want to work for him. We want Graham Spanier as our president—not Harry Markopolos, armed to the teeth, waiting for a squad of government bureaucrats to burst through the front door.
This is the first of the ideas to keep in mind when considering the death of Sandra Bland. We think we want our guardians to be alert to every suspicion. We blame them when they default to truth. When we try to send people like Graham Spanier to jail, we send a message to all of those in positions of authority about the way we want them to make sense of strangers—without stopping to consider the consequences of sending that message.
But we are getting ahead of ourselves.
1 At the time, that was a record amount for a U.S. university in a sexual-abuse case. That record was soon broken, however, in the Larry Nassar case at Michigan State University, where damages paid by the school may end up being $500 million.
2 Charges also included perjury (which was quickly dropped) and child endangerment. Eventually