A Teachable Moment and the Charges against Jerry Sandusky

          For those of us teaching about adolescent development, the ongoing media coverage of the child abuse charges against former Penn State Assistant Coach Jerry Sandusky can serve as a launching point for discussion with students.  First and foremost, these charges and the alleged incidents provide a clear opportunity to discuss the responsibilities of being a mandated reporter of child abuse and neglect.  Many of our students are likely to either currently be employed in positions or will, in the near future, be employed in positions where they become mandated reporters of child abuse and neglect.  In most states, for professions that have interaction with minors, there is a law holding these individuals civilly and criminally liable to report child abuse and neglect.  Failing to do so can result in fines, jail time, and loss of credentials and professional licenses on the criminal side of the prosecution and, of course, the parents can sue in civil court for damages, if it was known that a mandated reporter knew about child abuse but failed to report.  In my courses, my primary audience is future teachers, social workers, counselors, therapists, probation officers, and psychologists, among others, so I make a point of discussing the legal mandate and the importance of being strong child and adolescent advocates, regardless of being a mandated reporter.

            Also, I think there’s an opportunity to discuss the notion of consent and cognitive ability of adolescents.  I have yet to hear any assertion that the alleged acts were consensual but, given that many sexual abusers, particularly those of adolescents, assert that sex acts were consensual, this notion may emerge in court or in the media.  The notion of “consent” and ability to consent to sexual activities has been active in the law and in the media (as well as many episodes of the various Law & Order shows).  In 2009, Steinberg, Cauffman, Woolard, Graham and Banich published a great article in American Psychologist, entitled, “Are adolescents less mature than adults?: Minors' access to abortion, the juvenile death penalty, and the alleged APA 'flip-flop.'”  In the article, the authors review the amicus curiae (friend of the court) brief that APA submitted to the US Supreme Court on the Roper v. Simmons (2005) case, which abolished the death penalty for juveniles.  In the APA amicus brief, APA asserted that adolescents are inherently cognitively immature and should not then be sentenced to death for their crimes.  As Steinberg et al. note, however, this stance is in contrast to APA previous amicus in Hodgson v. Minnesota (1990), which asserted that adolescents were mature enough to seek an abortion without parental notification.  The authors discuss what has been learned about adolescent cognition and decision-making and how situations like getting an abortion and committing a heinous crime differ in the kinds of decision-making abilities adolescents demonstrate.  Circling back now, discussion of what cognitive ability is required for consent for sexual activity for adolescents may be fruitful for students, whose own sexual behavior is still unfolding and whose interest in adolescence is timely.

            There’s also an opportunity to talk about how adolescent behaviors continue to be hotly debated.  For example, fairly recently, there have been a spate of adolescents being charged with possession of or dissemination of child pornography for engaging in what they thought was innocent “sexting” with romantic partners or potential romantic partners.  Discussing adolescent sexting may foster discussion of the rights of adolescents, decision-making abilities, conformity, peer pressure, romantic relationship behaviors, and sexual behaviors of adolescents.  By incorporating these timely issues, students may be able to make connections between course content and contemporary contexts for critical thinking.

            It is difficult to see Penn State’s name being associated with such horrible allegations and the failure of action to protect minors from exploitation.  I hope that justice is swift and that all can learn from the outcome.

Rob Weisskirch, MSW, Ph.D.
California State University, Monterey Bay

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