Centre County judge refuses to put Penn State trustee on ballot for upcoming election
A Centre County judge rejected Monday a Penn State trustee’s attempt to force his way on the ballot for the upcoming board of trustees election.
Alumni-elected trustee Barry Fenchak sought a court-ordered addition to the ballot after a subcommittee of the university’s governing board deemed him ineligible in February.
He argued Penn State’s recently amended bylaws that created the subcommittee violated Pennsylvania law, amounted to retaliation and disobeyed a prior ruling from Centre County Judge Brian Marshall.
The judge, however, disagreed.
In his 17-page decision, Marshall wrote the university’s bylaws are commonplace in higher education — fellow state-related universities Pittsburgh and Temple have similar provisions.
He also said the bylaws are “inoffensive and are likely not inconsistent with law.” The board began discussing amendments as early as summer 2023 — more than a year before Fenchak alleged they amounted to retaliation.
The judge also turned aside Fenchak’s argument Penn State violated his October order that blocked the university from removing him “by vote.” Though he’s not eligible to seek re-election, Fenchak remains a member of the board until his three-year term expires June 30.
“In running for the Board of Trustees, Plaintiff affirmatively sought out a position of power that he thought could help bring positive change to the Pennsylvania State University. In accepting the position, Plaintiff accepted certain restrictions on his speech that are to be expected of a fiduciary of an institution,” Marshall wrote. “These restrictions are not unreasonable nor uncommon, and they serve to facilitate the efficient operation of a large and complex University such as PSU.”
The ruling did not prevent Fenchak from running again in the future. Alumni may also write-in Fenchak’s name this election cycle — though Marshall made no determination whether Fenchak could serve on the board if he runs a successful campaign.
Penn State declined comment.
Terry Mutchler, one of Fenchak’s attorneys, told the Centre Daily Times the “fight for transparency against Penn State is a marathon, not a sprint.”
She stopped short of pledging an appeal, saying in a text message that the legal team would talk with Fenchak to determine their next steps. Mutchler floated a potential federal lawsuit that “equivocates the new by-laws to a gag order.”
“Regardless of what folks think about his style and approach, Trustee Fenchak is a lone light illuminating the darkest corners of one of the finest educational institutions in the United States,” Mutchler said.
Marshall’s ruling was hardly a surprise after he openly doubted some of Fenchak’s arguments put forward at a hearing Friday.
The university’s attorneys spent about an hour excoriating some of Fenchak’s social media posts before he was elected. At one point, Fenchak was forced to read aloud a post in which he called a former woman trustee a “stupid b----” and asked her to shoot herself. Fenchak also asked her to “blow away - like old, dried up dog crap.”
He testified the post was “inappropriate” and “regrettable.”
The university further argued Fenchak is an “internet troll” who has shown an “abhorrent display of misogyny.” Fenchak’s attorneys attempted to cast Penn State’s actions as a way to silence dissent.
Fenchak has been on the board since July 2022. Alumni have from April 21 to May 8 to cast their vote.
This story was originally published April 14, 2025 at 5:36 PM.