It’s the only way to help Penn State regain its rightful place at the top.

On Thursday, October 30th, I filed suit in Philadelphia County Court against Penn State, seeking damages for violations of my rights during the time I was a Penn State alumni elected trustee (July 2022 – June 2025). The suit runs for 63 pages and I encourage you to read it in its entirety here. You’ll note that I am also suing former Penn State Board of Trustees Chair Matt Schuyler and current Chair David Kleppinger for their actions undertaken in their roles as Chair and Vice-Chair of the Board. Yesterday, November 10th, the lawsuit was moved to federal court in the Eastern District of Pennsylvania.

During my tenure as an alumni-elected trustee, the Board of Trustees violated my First Amendment rights related to my requests for information and my expressions of dissent as a trustee. The Commonwealth of Pennsylvania makes it clear that citizens sitting on public boards have a fiduciary responsibility to request information and ask questions, and that those actions cannot be construed as trouble-making, disruptive, or insurgency.

As a trustee, my job was to engage in open discussions and debates regarding University operations, including advocating for transparency and accountability. When I noticed red-flag irregularities involving Penn State’s $5 billion endowment, I requested more detailed information regarding the management of the endowment. These requests were denied.

A few months later I had strong concerns about a contractual agreement the university entered into, which  Athletic Director Dr Pat Kraft characterized as “… a critical role in driving revenue growth that will support all 31 athletics programs through well executed ticketing strategies”.  No details regarding this very important contract were provided to the Board, and when I formally requested more information,  Trustees Schuyler and Kleppinger communicated to me that no information would be forthcoming, citing “it is unreasonable that trustees would need to see the grisly details of the contract”.

To be clear: Pennsylvania law says that trustees must dig in – that’s duty, not troublemaking. All of these requests for information, which are protected by the First Amendment and clearly in line with the fiduciary duties of all Penn State trustees, were repeatedly denied Board leadership. In the end I had to sue to compel Penn State to provide me with this information.

In retaliation for doing my job as a trustee, the Board leadership targeted me. Their actions to silence, isolate, and then terminate me were intentional, deliberate, coordinated, and considered. They terminated my ability to participate in Board meetings and have open and collegial discussions with my fellow Board members. Defendants further created a ‘false narrative’ by claiming I had breached confidentiality, which included defamatory public statements. A public letter signed by both Trustees Schuyler and Kleppinger declared I was ‘untrustworthy and pose a risk to the University’.

Penn State failed to act ethically and in doing so created harm, so I am suing them. But this isn’t about me; I’m just a proxy for proper university governance in the institution’s best interest. The Board of Trustees attacked me for doing my job, which was to question the proposals and operating decisions that have driven Penn State to the bottom of the academic pile in comparison to our peers. In short, they got rid of me because I was disrupting their agenda by advocating for responsible governance.

I am pleased to be working with Attorney Steven F Marino of Marino Associates, who is currently representing Scott Lynch, MD in his lawsuit against Penn State for fraud. Marino Associates previously represented Dr Lynch in his successful May 2024 lawsuit again Penn State Health regarding his dismissal as a Penn State Football orthopedic consultant, where the found in Dr Lynch’s favor and awarded him a $5.2 million judgement.

The only way Penn State can begin climbing back to the top, where it belongs, is to stop the board culture that acts as if they answer to no one. I will keep you posted.

As a former Penn State alumni-elected trustee, I enjoy sharing my personal observations, concerns, and ideas about Penn State. I invite you to contact me with your opinions so that we can engage in meaningful conversations on those topics: barry@barryfenchak.com.