Penn State alumni-elected trustee’s alleged conduct violation detailed in new court filing
An outspoken member of Penn State’s board of trustees asked a Centre County judge to bar his fellow trustees from voting to remove him for an alleged violation of conduct that became clearer Monday in court documents.
Alumni-elected trustee Barry Fenchak’s attorneys wrote in a court document that the board is looking to remove him for using what they described as a self-deprecating joke after its July meeting on the Altoona campus.
According to the filing, Fenchak commented that one of the perks of off-site meetings for trustees is receiving gift bags that sometimes include baseball hats.
Fenchak then lamented he generally can’t wear baseball hats because his wife says he looks like the umpire in “A League of Their Own” — the one who was told by actor Tom Hanks’ character that he looks like “a penis with a little hat on.”
Fenchak repeated the line from the 1992 sports comedy drama nearly verbatim, according to the filing.
His attorneys wrote the comment was made in an attempt to “be funny and bring levity to an otherwise serious and stressful atmosphere that often surrounds board meetings.” They also said the remark as “foolishly made.”
The university launched an investigation after receiving a complaint from an unnamed employee who was reportedly made unconformable by the remark, Fenchak’s attorneys wrote.
A board of trustees’ committee voted unanimously earlier this month to recommend Fenchak be removed from the board, finding he violated the board’s code of conduct on professionalism and ethical conduct. The nature of the allegation was not discussed publicly, only that Fenchak “initiated a verbal interaction with a female staff member — witnessed by two other staff members — that violated the Trustee Code of Conduct provisions.”
“We really need to make sure this sort of behavior is admonished properly, and that we do protect the staff members who are assigned to us from intimidation, and you know, this kind of uncomfortable behavior,” governance committee Vice Chair Robert Fenza said in support of the recommendation.
But Fenchak’s attorneys cast doubt on the motives behind and the integrity of the investigation. They described it as pretextual and an opportunity for the board to “bootstrap their pre-conceived plan” to remove Fenchak.
His attorneys asked Centre County Judge Brian Marshall to bar the board from removing him at least until litigation over his claim that the board is withholding financial information is resolved. No hearings were scheduled as of noon Tuesday.
“At most, (Fenchak’s) recitation of a line from a PG rated movie, was an ill-advised attempt to be humorous, and he regrets that it resulted in someone feeling uncomfortable,” his attorneys wrote. “lt certainly does not rise to the level of harming or endangering the PSU community.”
The full board could vote on Fenchak’s potential ouster at a special meeting scheduled for Oct. 10. Removal of any trustee requires at least a two-thirds vote of those present at the public meeting.
Fenchak could be the first trustee to be removed from the board. Penn State spokeswoman Lisa Powers wrote in an email to the Centre Daily Times earlier this month that the university was not aware of any similar actions being taken against a trustee.
Removal under the relevant portion of the board’s bylaws permanently bars trustees from serving. Replacements are filled by appointment of the board chair.
This story was originally published September 24, 2024 at 1:46 PM.