Hearing set for Tuesday to review Penn State’s request to delay McQueary lawsuit

mmorgan@centredaily.comOctober 25, 2012 

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Mike McQueary exits the courthouse in Bellefonte after he testified at Jerry Sandusky's trial on Tuesday, June 12, 2012. Christopher Weddle

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A hearing has been set for next week on Penn State’s motion to delay the lawsuit former coach Mike McQueary filed against the university while the criminal trial of two former administrators is under way.

In an order filed today, Senior Judge Thomas Gavin set a hearing for Tuesday to hear Penn State’s motion for stay.

The proceeding will start as a non-public conference between the judge and attorneys for both sides. If the motion is resolved at the conference, there will not be a public hearing, according to officials.

Penn State filed its motion for stay this week, arguing that the university “would be severely prejudiced” if the suit were allowed to move forward while the criminal proceedings against former athletic director Tim Curley and retired senior vice president Gary Schultz are ongoing.

Curley and Schultz are facing charges of perjury for testimony they gave to the grand jury investigating Jerry Sandusky and for failure to report child abuse. They are scheduled to stand trial in January in Dauphin County Court.

In 2001, McQueary walked in on Sandusky naked in a campus shower with a boy. He reported the incident to head football coach Joe Paterno and later discussed it with Schultz and Curley. They maintain their innocence, and their attorneys have raised questions about what exactly McQueary told them.

McQueary, whose contract ended with the university in June, filed a suit asking for $4 million in lost wages along with compensation for legal costs. He says mistreatment by the university has damaged his reputation and cost him that much in future earnings.

His suit singles out Schultz, Curley and former university President Graham Spanier. The suit says Curley and Schultz left McQueary with the impression that they thought his report was a “serious matter” and “that appropriate action would be taken.”

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