Former assistant football coach Mike McQueary sued the school in October, claiming he was portrayed as untruthful in statements made in 2011 by the university’s president after Jerry Sandusky’s arrest.
Judge Thomas Gavin said McQueary’s lawsuit makes sufficient claims of “outrageous conduct” on the part of the school to keep the case alive. He gave the school 20 days to respond to the lawsuit filed in October.
Penn State spokesman Dave La Torre declined to comment, and McQueary’s lawyer Elliot Strokoff did not return a phone message seeking comment.
McQueary was a graduate assistant in February 2001 when he encountered Sandusky showering with a boy in a team locker room, complained about it to then-head coach Joe Paterno and then met with the two administrators about it.
Sandusky was first charged with child sexual abuse in November 2011. At the same time, athletic director Tim Curley and vice president Gary Schultz, administrators who worked under then-president Graham Spanier, were accused of perjury and failure to properly report suspected abuse.
McQueary testified against Sandusky in June during the criminal trial that ended with a 45-count guilty verdict against the former defensive coordinator. McQueary lost his job at the school.
McQueary’s lawsuit involves a news release that Spanier issued in support of Curley and Schultz. Spanier gave the two his unconditional support and said he was confident the record would show the charges were groundless.
The judge said McQueary asserts the university “treated him like a leper to be quarantined outside of State College.