Author Topic: Hypothetical legal questions (looking in Roy's general direction perhaps)  (Read 59334 times)

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Re: Hypothetical legal questions (probably for Roy)
« Reply #45 on: November 11, 2011, 03:25:25 PM »

Online Roy H.

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I respectfully disagree, you are getting an education yes, but you are paying for a degree and the doors that open because you have that degree

You aren't paying for a degree, you're paying to attend and have the opportunity to, among other things, get a degree.  You don't get a refund if you fail or drop out.

The degree and the opportunities might be what motivates you to go somewhere, but that's not what you're actually buying from them.

Right now Im going to Umass Boston for my Masters, my brother is going to BC for his MBA.  I have actually really enjoyed several of my teachers and have thought they were some of the best I have ever had.  My brother has been very dissapointed in his teachers at BC and overall much of the stuff we are learning is the same, when comparing our classes and exams.  

We are both paying for an education yes, but the premium that he is paying over me, (about 3 grand more per class) is being paid for the degree, and notariety that comes with it.  Which I think was EJA's point

But FWF's point is still valid. You pay money to the school, but they don't guarantee a degree. If you don't work hard enough, or aren't smart enough to get through, you don't get one, even if you can pay for 4 or 5 years of undergrad.

All the tuition guarantees is the opportunity to pursue an education. That could end up in a degree, or it could not.

I agree, but think about this hypothetical:  if a university promised you that it was an accredited university, and then it lost that accreditation through negligence or fraud, would there be some recourse?  Presumably, you're relying upon a promise of a credible degree.

In the Penn State case, somebody could argue, at least, that the university negligently or fraudulently devalued its degree by engaging in a cover up.  Now, a plaintiff would have to prove, at the very least, that there is now an actual stigma attached to a Penn State degree, that is resulting in actual damages.  I doubt that evidence is out there.  However, I think there's a colorable argument that a school promises you more than just an opportunity to earn a diploma; with that diploma comes certain implicit promises, almost like a fiduciary duty.  Failure to deliver on those promises is a breach of fiduciary duty, which could potentially be actionable.

Boom.  File the complaint.


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Re: Hypothetical legal questions (probably for Roy)
« Reply #46 on: November 11, 2011, 03:30:45 PM »

Offline Chris

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I respectfully disagree, you are getting an education yes, but you are paying for a degree and the doors that open because you have that degree

You aren't paying for a degree, you're paying to attend and have the opportunity to, among other things, get a degree.  You don't get a refund if you fail or drop out.

The degree and the opportunities might be what motivates you to go somewhere, but that's not what you're actually buying from them.

Right now Im going to Umass Boston for my Masters, my brother is going to BC for his MBA.  I have actually really enjoyed several of my teachers and have thought they were some of the best I have ever had.  My brother has been very dissapointed in his teachers at BC and overall much of the stuff we are learning is the same, when comparing our classes and exams. 

We are both paying for an education yes, but the premium that he is paying over me, (about 3 grand more per class) is being paid for the degree, and notariety that comes with it.  Which I think was EJA's point

But FWF's point is still valid. You pay money to the school, but they don't guarantee a degree. If you don't work hard enough, or aren't smart enough to get through, you don't get one, even if you can pay for 4 or 5 years of undergrad.

All the tuition guarantees is the opportunity to pursue an education. That could end up in a degree, or it could not.

I agree, but think about this hypothetical:  if a university promised you that it was an accredited university, and then it lost that accreditation through negligence or fraud, would there be some recourse?  Presumably, you're relying upon a promise of a credible degree.

In the Penn State case, somebody could argue, at least, that the university negligently or fraudulently devalued its degree by engaging in a cover up.  Now, a plaintiff would have to prove, at the very least, that there is now an actual stigma attached to a Penn State degree, that is resulting in actual damages.  I doubt that evidence is out there.  However, I think there's a colorable argument that a school promises you more than just an opportunity to earn a diploma; with that diploma comes certain implicit promises, almost like a fiduciary duty.

Yeah, that makes sense.  I just don't think that Stigma exists.  We will see what happens over the next year or two as more of this breaks, but I have a hard time to believe, even something this big, could actually take down a university like that to the point it would need to for any tangible change.

Re: Hypothetical legal questions (probably for Roy)
« Reply #47 on: November 11, 2011, 03:32:41 PM »

Offline indeedproceed

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I respectfully disagree, you are getting an education yes, but you are paying for a degree and the doors that open because you have that degree

You aren't paying for a degree, you're paying to attend and have the opportunity to, among other things, get a degree.  You don't get a refund if you fail or drop out.

The degree and the opportunities might be what motivates you to go somewhere, but that's not what you're actually buying from them.

Right now Im going to Umass Boston for my Masters, my brother is going to BC for his MBA.  I have actually really enjoyed several of my teachers and have thought they were some of the best I have ever had.  My brother has been very dissapointed in his teachers at BC and overall much of the stuff we are learning is the same, when comparing our classes and exams. 

We are both paying for an education yes, but the premium that he is paying over me, (about 3 grand more per class) is being paid for the degree, and notariety that comes with it.  Which I think was EJA's point

But FWF's point is still valid. You pay money to the school, but they don't guarantee a degree. If you don't work hard enough, or aren't smart enough to get through, you don't get one, even if you can pay for 4 or 5 years of undergrad.

All the tuition guarantees is the opportunity to pursue an education. That could end up in a degree, or it could not.

I agree, but think about this hypothetical:  if a university promised you that it was an accredited university, and then it lost that accreditation through negligence or fraud, would there be some recourse?  Presumably, you're relying upon a promise of a credible degree.

In the Penn State case, somebody could argue, at least, that the university negligently or fraudulently devalued its degree by engaging in a cover up.  Now, a plaintiff would have to prove, at the very least, that there is now an actual stigma attached to a Penn State degree, that is resulting in actual damages.  I doubt that evidence is out there.  However, I think there's a colorable argument that a school promises you more than just an opportunity to earn a diploma; with that diploma comes certain implicit promises, almost like a fiduciary duty.  Failure to deliver on those promises is a breach of fiduciary duty, which could potentially be actionable.

Boom.  File the complaint.

I love the phrase 'a colorable argument'. Makes me think of a really sketchy paint by numbers.

To the actual point, yeah I guess there is some logic there, but where does it end? Everyone who got a degree? Everyone who attended classes?

Just seems really thin.

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Re: Hypothetical legal questions (probably for Roy)
« Reply #48 on: November 11, 2011, 03:41:42 PM »

Offline Eja117

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If this doesn't devalue my degree and brand what would? Funneling money to a terrorist group? Let's say I want to work with kids.  Maybe be a preschool teacher. It's clear I was there while this was happening.  You don't think this raises an eye brow? What if I want to go into law, politics, or law enforcement? Doesn't raise an eye brow? Then I'm up against some kid who went to UVA who has that famous honor code?  There is just no way on Earth my degree is worth what is was. First word that used to enter people's minds when I said "PSU" was "awesome" or "cool" or at least "fun".  Now it's this. That has a value that the University didn't protect.  I feel worst for the PSU kids trying to go into young education. For them that would be like a guy who went to Mike Vick University trying to get into animal protection

Re: Hypothetical legal questions (probably for Roy)
« Reply #49 on: November 11, 2011, 03:46:00 PM »

Offline indeedproceed

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First word that used to enter people's minds when I said "PSU" was "awesome" or "cool" or at least "fun".

I always thought 'Linebackers'.

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like that is always lethal." - Evan 'The God' Turner

Re: Hypothetical legal questions (probably for Roy)
« Reply #50 on: November 11, 2011, 03:48:01 PM »

Offline Rondo2287

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First word that used to enter people's minds when I said "PSU" was "awesome" or "cool" or at least "fun".

I always thought 'Linebackers'.

I always though Turfgrass management.  They have a pretty kickbutt program
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Re: Hypothetical legal questions (probably for Roy)
« Reply #51 on: November 11, 2011, 03:51:55 PM »

Offline Chris

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.

Re: Hypothetical legal questions (probably for Roy)
« Reply #52 on: November 11, 2011, 04:04:19 PM »

Offline Eja117

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Re: Hypothetical legal questions (probably for Roy)
« Reply #53 on: November 11, 2011, 04:14:27 PM »

Offline Chris

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Yes, reputation does matter to a point.  But there is a big difference between not wanting to hire someone from Arizona State because it is known as a party school, and not wanting to hire someone from PSU, because the athletic program was run by criminals. 

I just think you are overreacting to what the school's rep is.  Now, it could change as more information comes out, but right now, I don't think the rep of the school, as an academic institution has changed dramatically. 

Now, in 5 years, if the school's academics suffer, because of this, then you could have a case, but right now, I think the vast majority of recruiters would look at a resume with Penn State the same way they looked at it before...Not Harvard, and not a community college, so what other experience does the person have?

Re: Hypothetical legal questions (probably for Roy)
« Reply #54 on: November 11, 2011, 04:35:59 PM »

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I think you're running from one extreme to the other.  Before all this, most people probably didn't think Penn State was this great school.  If it wasn't for sports, most people would have never heard of it.  Not saying it's bad, just nobody cares.

Also you're assuming everybody loves Penn State college football.  While this is a big story, outside of the sports world, 99% of Americans outside of Pennsylvania probably aren't following it, they don't really care.

What kind of jobs are you applying for?  You really think the non-football fan recruiter/hiring manager in California, Texas, New York, DC, Chicago, Boston, Atlanta, etc. or any other major city really cares about this?  Let me tell you, they don't.  Even if they did, you think that they think this really reflects you? 

If anything it gives you something to talk about at an interview.  And if you really have skill, you can make it positive by showing your character, or how you thrived in a state of adversity.

99% of the US doesn't care about this and won't even remember it in a month.  The US is bigger than Penn State football.

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Re: Hypothetical legal questions (probably for Roy)
« Reply #55 on: November 11, 2011, 04:40:05 PM »

Offline indeedproceed

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Yes, reputation does matter to a point.  But there is a big difference between not wanting to hire someone from Arizona State because it is known as a party school, and not wanting to hire someone from PSU, because the athletic program was run by criminals. 

I just think you are overreacting to what the school's rep is.  Now, it could change as more information comes out, but right now, I don't think the rep of the school, as an academic institution has changed dramatically. 

Now, in 5 years, if the school's academics suffer, because of this, then you could have a case, but right now, I think the vast majority of recruiters would look at a resume with Penn State the same way they looked at it before...Not Harvard, and not a community college, so what other experience does the person have?


and in a few weeks when the news cycle resets, the only people who really care about it will be the victims, the football fans, and the penn state alumni.

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Re: Hypothetical legal questions (probably for Roy)
« Reply #56 on: November 11, 2011, 04:56:58 PM »

Offline Moranis

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Yes, reputation does matter to a point.  But there is a big difference between not wanting to hire someone from Arizona State because it is known as a party school, and not wanting to hire someone from PSU, because the athletic program was run by criminals. 

I just think you are overreacting to what the school's rep is.  Now, it could change as more information comes out, but right now, I don't think the rep of the school, as an academic institution has changed dramatically. 

Now, in 5 years, if the school's academics suffer, because of this, then you could have a case, but right now, I think the vast majority of recruiters would look at a resume with Penn State the same way they looked at it before...Not Harvard, and not a community college, so what other experience does the person have?

Apparently the entire university was run by criminals, not just the athletic department.  I'm not sure that really matters to an individual, but I could see where it might play some small role.
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Re: Hypothetical legal questions (probably for Roy)
« Reply #57 on: November 11, 2011, 05:15:34 PM »

Offline Eja117

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Yes, reputation does matter to a point.  But there is a big difference between not wanting to hire someone from Arizona State because it is known as a party school, and not wanting to hire someone from PSU, because the athletic program was run by criminals. 

I just think you are overreacting to what the school's rep is.  Now, it could change as more information comes out, but right now, I don't think the rep of the school, as an academic institution has changed dramatically. 

Now, in 5 years, if the school's academics suffer, because of this, then you could have a case, but right now, I think the vast majority of recruiters would look at a resume with Penn State the same way they looked at it before...Not Harvard, and not a community college, so what other experience does the person have?


and in a few weeks when the news cycle resets, the only people who really care about it will be the victims, the football fans, and the penn state alumni.
The Catholic Church still hasn't recovered and I fear it could be years for PSU to recover. Also the northeast isn't a huge college football area, but up here I'm hearing things like "Biggest American sports scandal ever".  A lot of that is coming out of Bristol CT.

I'll admit a lot of the recruiters that came to PSU were from PA and were PSU alums and they'll probably come. But there was a lot from DC and NYC and whatnot as well and I'm not sure they will

Re: Hypothetical legal questions (probably for Roy)
« Reply #58 on: November 11, 2011, 05:24:22 PM »

Offline indeedproceed

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If this doesn't devalue my degree and brand what would?

That's the point, not much would.  Recruiters care much more about what your degree is in, and your experience, then where your degree is from (unless it is from an ivy league school, or Stanford, MIT, etc.).  I think you are worrying for nothing.

Now, if PSU loses accredidation, you have a problem.  And, if they suddenly fall off a cliff academically, you have a problem.  But those are a long way from happening.

At worst, you might just have to deal with an awkward "so, what do you think of this whole Paterno situation" question.  But if you aren't hired, it is going to have nothing to do with your school.

And I would also add, that you weren't getting interviews, or getting hired because you went to PSU before this as well (unless it was by another PSU alum).  That's just not how it works in the real world...it is just what colleges want you to think, so you will pay the premium.
I see what you are saying but a school's reputation definitely matters. I'm sure on some level some of the antics at the University of Miami mattered. When schools have reps of party U or crime U it matters.

Think about running a company. Now you're only allowed to go to say three schools to recruit. What three schools do you go to?  Just the fact that you have an answer in your head says something. The school's rep matters.  My school had a great rep. Now it has the worst. It matters. Maybe not lots but I think it does. 

There are other things schools can do to affect this. Coming out really strong for or against a specific stance....let's say gay marriage or something.  Harvard wanted to clone a human being.  Princeton was protested for supporting Israel (it was sorta convoluted, but still). I have to wonder if scientists want to recruit at schools that deny evolution happened.

Yes, reputation does matter to a point.  But there is a big difference between not wanting to hire someone from Arizona State because it is known as a party school, and not wanting to hire someone from PSU, because the athletic program was run by criminals. 

I just think you are overreacting to what the school's rep is.  Now, it could change as more information comes out, but right now, I don't think the rep of the school, as an academic institution has changed dramatically. 

Now, in 5 years, if the school's academics suffer, because of this, then you could have a case, but right now, I think the vast majority of recruiters would look at a resume with Penn State the same way they looked at it before...Not Harvard, and not a community college, so what other experience does the person have?


and in a few weeks when the news cycle resets, the only people who really care about it will be the victims, the football fans, and the penn state alumni.
The Catholic Church still hasn't recovered and I fear it could be years for PSU to recover. Also the northeast isn't a huge college football area, but up here I'm hearing things like "Biggest American sports scandal ever".  A lot of that is coming out of Bristol CT.

I'll admit a lot of the recruiters that came to PSU were from PA and were PSU alums and they'll probably come. But there was a lot from DC and NYC and whatnot as well and I'm not sure they will

Well, the Catholic Church's scandal was big huge stinking news. Priest jokes still abound. But, I think its recovered, at least in terms of where it was before the scandal (I'm not talking like..pre-80's levels or anything). Still the biggest religion in the United States, and while in the short term I think a sizeable amount of people turned away, its not like people don't trust catholics or anything.

I can see the reason for your concern, and I can't completely sympathize with it (because I didn't go to PSU), but I think it'll blow over faster than you think. When people talk about this scandal in 10 yrs, it'll be about JoePa, not PSU.
« Last Edit: November 11, 2011, 05:30:18 PM by IndeedProceed »

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Re: Hypothetical legal questions (probably for Roy)
« Reply #59 on: November 11, 2011, 05:30:19 PM »

Offline Eja117

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I guess part of my concern is I have no faith in the school to do the right thing. The school's stance right now is....."We covered up heinous acts for a decade....now trust us to make this right".

Actually I think PSU has the benefit of the Catholic thing to try to show them the way.