Former Player files federal lawsuit against Penn State alleging bullying and hazing

Humphries’ attorney Steven Marino said, “Coach (Franklin) promised this boy that he would protect him if he chose Penn State over other schools. He chose Penn State and he comes to Penn State and gets bullied to the point where he has to leave the school because of harassment.”

News Coverage: Sports

NEW YORK TIMES

James Franklin Fox Sports, CC BY 3.0 via Wikimedia Commons

James Franklin Fox Sports, CC BY 3.0 via Wikimedia Commons

by  Audrey Snyder | New York Times | The Athletic | published January 14, 2020

In a federal lawsuit filed Monday in the U.S. District Court for the Middle District of Pennsylvania, former Penn State safety Isaiah Humphries alleges that he was subjected to bullying, hazing and harassment at the hands of teammates during his time with the Nittany Lions.

Humphries’ suit against Penn State, head coach James Franklin and current defensive tackle Damion Barber says that select players on the football team, including Barber, Micah Parsons, Jesse Luketa and Yetur Gross-Matos, served as ringleaders and participated in a hazing ritual in which key members of the team told underclassmen like Humphries things like, “I am going to Sandusky you.” Jerry Sandusky, Penn State’s former longtime defensive coordinator, remains in prison on a 30-to-60-year sentence for sexually abusing children.

In the lawsuit, Humphries alleges that on multiple occasions members of the Penn State coaching staff saw the alleged harassment and hazing that took place in the Lasch Football Building. Allegations include players bullying, intimidating and taking clothes off the underclassmen and also placing their genitals on their face. Humphries says that the ringleaders wrestled other players to the ground and then pretended to hump them. He also says the ringleaders placed their penis on the buttocks of the underclassmen.

“The coaches knew about it and didn’t protect this child, especially in this environment that we have at Penn State against hazing,” said Steven F. Marino, Humphries’ attorney, in an interview with The Athletic. Marino also represents former Penn State team doctor Scott Lynch, who previously filed a lawsuit against Penn State and Franklin in which Lynch said Franklin pressured him to clear injured players to return to the field. Franklin has repeatedly denied that claim.

“It’s unforgivable. And it didn’t only happen to this boy. It happened to many other boys,” Marino said. “This is not an isolated incident.”

The lawsuit says that Humphries and his father, former Penn State football player Leonard Humphries, reported the actions to Franklin and other members of the Penn State coaching staff. They said no substantive action was taken by the coaches to prevent the behavior. Leonard Humphries declined to comment on the suit when contacted by The Athletic on Tuesday.

Penn State released a statement Tuesday saying: “The university has established processes in place for responding to claims of potential misconduct. In accordance with our processes, the Office of Sexual Misconduct Prevention and Response and the Office of Student Conduct carried out investigations of the plaintiff’s claims and independent from Intercollegiate Athletics. In addition, Penn State police investigated related allegations and forwarded the results of that investigation to the Office of the Centre County District Attorney (DA). The DA reviewed the case and decided that no charges would be pursued.”

Later, Penn State released more comments in response to questions from reporters:

  • “Based on extensive interviews, we did not learn of any information that would substantiate the claims.”
  • In regards to Barber’s one-game suspension in September: “The discipline of individual students is generally a confidential matter consistent with federal law.”
  • “No claims of hazing were substantiated against anyone.”

Isaiah Humphries also contends that the Penn State coaching staff retaliated against him for reporting the harassment and hazing. He says the staff required him to participate in athletic drills where he was designed to fail and that the staff used those results to justify why he didn’t play in games.

Humphries transferred from Penn State to Cal in 2019 after one year with the Nittany Lions. He had to sit out this past season because of NCAA transfer rules. The lawsuit says he has suffered emotional, physical and mental harm, and he is seeking unspecified financial damages. Humphries also says that Penn State tried to have him take medical retirement after denying him medical accommodations for anxiety and narcolepsy, according to the suit.

“The poor kid wants to be vindicated,” Marino said. “He was bullied. He was harassed. He was abused. He was not properly protected. His whole college career was disrupted and he had to transfer schools.”

Humphries alleges that Luketa, a linebacker who is expected to contend for a starting role next season, repeatedly threatened him with physical harm. Humphries contends that Luketa vowed to make certain if ever Humphries visited his city in Canada that he would have him gunned down.

Marino said the 75-page investigative report with exhibits was prepared by Yvette Wilson of Penn State’s Office of Sexual Misconduct Prevention and Response. Wilson was one of three investigators who looked into a complaint that was filed last May. Her findings were reported to Penn State’s Office of Student Conduct, where charges were brought against Barber, according to court documents. That report has not been made public.

The Office of Student Conduct determined that Barber “committed prohibited behavior” that was in violation of the university’s Student Code of Conduct and determined that he would be sanctioned.

It’s unclear what punishment Barber received. He dressed but didn’t see action in Penn State’s season-opening win against Idaho despite being listed as the second-string defensive tackle on the depth chart. He was instead skipped over by a third-string player. Gross-Matos was sent home last summer for a violation of team rules, though in July, Franklin declined to divulge specifics as to why the potential first-round NFL Draft pick was sent home. It’s unclear if it’s related to Humphries’ allegations.

“Coach (Franklin) promised this boy that he would protect him if he chose Penn State over other schools,” Marino said. “He chose Penn State and he comes to Penn State and gets bullied to the point where he has to leave the school because of harassment.”

If you or someone you know believes you have been sexually harassed, assaulted or injured, Marino Associates can help.  Use the free case evaluation form  or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.

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