Another Penn State alumni-elected trustee files lawsuit against university, seeks legal fees
A Lackawanna County judge ordered Penn State to temporarily halt an internal investigation into trustee Anthony Lubrano — an investigation previously unknown to the public — until a decision is reached involving Lubrano’s legal fees.
In a lawsuit filed earlier this month, Lubrano revealed that he is being investigated by the university’s board of trustees in what his attorneys described as “retaliation for his exercise of his First Amendment rights.” But the lawsuit in question is not related to the legality of that investigation; Lubrano’s attorneys argue the university’s bylaws require it to advance his legal fees since he’s launching a defense.
A judge granted a preliminary injunction, or temporary halt, to that investigation until Lubrano’s legal fees question is resolved. That decision came prior to Penn State’s written response to the court, where it argued the bylaws do not require it to advance legal fees to the subject of such investigations. The university also offered a $10,000 advance to Lubrano, not because it acknowledged it was required to, but “in an effort to minimize disputes.”
A hearing was held in Lackawanna County on Thursday morning. No ruling has yet been published in its online database.
The exact nature of the internal investigation is not fully known. But, in an email from one of Lubrano’s attorneys, sent to Penn State and published in court documents, the investigation is characterized as being “based on anonymized complaints submitted by several other trustees relating to the Paterno resolution and Mr. Lubrano’s public statements concerning The University and its programs and finances.”
In February, Lubrano introduced — and then withdrew — a controversial resolution that sought to name the field at Beaver Stadium after Joe Paterno. He withdrew it partly at the request of Jay Paterno, Paterno’s son and a fellow trustee.
Lubrano went on to conduct some media interviews afterward. In those, he acknowledged in the lawsuit, he also expressed opinions involving the rising cost of university tuition and unfunded costs of capital building projects.
He said he was reprimanded nearly six weeks later, on March 28, by the board chair and vice chair. And he was told in July he was being investigated, with the investigation having started around March.
Lubrano did not disclose what the “factual findings” of the investigation were because, he said in the lawsuit, he was threatened with sanctions if he did. Several Penn State spokespeople also did not immediately respond to a CDT email seeking clarification on the investigation.
In its court response, Penn State acknowledged that the university trustees were scheduled to hear a presentation at the Sept. 6 executive board meeting involving the “investigatory findings” on Lubrano. But Lubrano filed his lawsuit and emergency petition on Sept. 4.
That “suggests Mr. Lubrano’s injunction is aimed at delaying resolution of the complaints against him, rather than ‘abating’ the indemnification dispute,” the university wrote.
Lubrano stated in the lawsuit that he’s committed to repay any funds if it’s later determined indemnification is not permitted.
News of the university’s investigation into Lubrano comes on the heels of a trustees committee last week recommending the removal of another trustee, Barry Fenchak, due to a potential code of conduct violation. (That removal will be voted on by the full board at a time to be determined and requires a two-thirds majority.)
According to the committee’s resolution, Fenchak was accused of initiating “a verbal interaction with a female staff member — witnessed by two other staff members — that violated the Trustee Code of Conduct provisions” on professionalism and ethical conduct. Fenchak’s attorney, Terry Mutchler, previously responded to the CDT by saying, “The bottom line is they don’t like this guy. Let’s just be plainspoken. They don’t like him. They don’t like that he’s asking questions about a $4 billion endowment.”
Penn State’s bylaws were revised in late July.
Fenchak and Lubrano are both seen as arguably the two most outspoken trustees on the board. They were both elected by alumni, and alumni-elected trustees make up nine of the 38 board positions.
Fenchak, who’s suing the board for access to financial documents, has been on the board since 2022. Lubrano is currently serving his fourth term.
It wasn’t immediately clear why the lawsuit was filed in Lackawanna County and not Centre County, which is home to the University Park campus. But Lubrano’s attorneys argued they had jurisdiction in Lackawanna because a commonwealth campus — in addition to thousands of alumni — is located there.
This story was originally published September 13, 2024 at 4:12 PM.
