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HARRISBURG, Pa. (AP) – The man who served as Penn State’s president when the Jerry Sandusky child molestation scandal erupted may soon be headed to jail after Pennsylvania’s highest court said it will not take up his appeal.

The state Supreme Court on Thursday declined to hear Graham Spanier‘s appeal of a misdemeanor child endangerment conviction related to his handling of a 2001 complaint about Sandusky showering with a boy in the football team locker room.

Spanier had argued the trial judge and a lower appeals court wrongly relied on a statute of limitations law that prosecutors never cited.

He’s been out on bail pending appeal.

Spanier’s lawyer says they’re disappointed by the decision. Attorney General Josh Shapiro says prosecutors are pleased, adding that there are consequences for not protecting children.

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