Ex-Penn State trustee alleges defamation in suit against university, board leadership
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- Barry Fenchak sued Penn State, alleging defamation and civil rights violations.
- Lawsuit targets board of trustees leaders over an August 2024 letter alleging unfitness.
- Complaint alleges retaliation, First Amendment breaches, and seeks damages.
A recent member of Penn State’s governing body sued the university and its top board leadership Thursday, claiming he was subjected to defamation and civil rights violations for exercising his right to free speech and requesting financial information.
At the heart of former alumni-elected trustee Barry Fenchak’s defamation claim is an August 2024 letter signed by board of trustees leaders Matthew Schuyler and David Kleppinger. Fenchak claims it contained false and misleading statements that led readers to believe he placed the university at risk, is untrustworthy and “not competent to be entrusted with commercially sensitive information.”
The letter was made public by the university as part of its defense against Fenchak’s earlier transparency lawsuit. In the one-page letter dated Aug. 20, 2024, Schuyler and Kleppinger said they deemed Fenchak’s requests for the university’s agreement with Elevate to be unreasonable and accused him of repeatedly violating confidentiality obligations.
Penn State declined comment Monday, citing the university’s general policy to not comment on pending litigation. A message left Monday morning with Fenchak’s attorney, Steven Marino, was not immediately returned.
Marino has brought multiple lawsuits against Penn State and its affiliates, including one that led to a $5.25 million verdict to a former Penn State athletics team doctor who claimed he was removed in retaliation for his complaints.
The new suit, filed in Philadelphia, is the latest legal action in a bitter fight that has seen the investment adviser successfully force the university to turn over documents on its nearly $5 billion endowment and contract with Elevate, a ticketing sales agency.
His latest complaint also contends Penn State and its board leadership launched a sexual harassment probe over an off-color quote from a PG-rated movie in a pretextual attempt to remove him — a move the board finalized with a 30-4 vote in June.
The university previously said the investigation began after three university employees reported feeling uncomfortable with the remark, especially since it came from a trustee.
Fenchak’s complaint further included a section alleging the university has a history of similarly retaliating against dissenting voices, detailing actions taken against alumni-elected trustee Anthony Lubrano — who did not join Fenchak in filing the suit.
In addition to defamation, the nine-count complaint brought claims of breach of duty of loyalty and multiple First Amendment violations. He’s seeking compensatory and punitive damages, arguing the university’s actions were intentional and outrageous.
Fenchak’s three-year term expired June 30. His name was barred from appearing on the ballot for the spring alumni trustee election after a board subcommittee deemed him unqualified and ineligible, and a Centre County judge rejected his attempt to force his way onto the ballot.
The next board of trustees meetings are scheduled for Thursday and Friday.