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A Centre County Court judge has delayed an effort to remove Pennsylvania State University trustee Barry Fenchak, who is suing Penn State for allegedly refusing to hand over details about endowment investment management fees despite multiple requests.
Fenchak, who is an alumni-elected trustee and an investment adviser, has clashed with the board over rising endowment management fees and asked for more information, which he argues is necessary to carry out his fiduciary duties. Fellow board members are seeking to oust Fenchak, arguing that he violated the Board’s Code of Conduct.
Penn State has not specified Fenchak’s alleged infraction.
But court records show that Fenchak, who is bald, made a joke to a female employee about how he can’t wear baseball caps because his wife said such headwear makes him look like “a penis with a hat on.” Court records note he made the joke after receiving a Penn State cap as a gift at a board event and was referencing the PG-rated movie A League of Their Own.
Penn State’s 36-member board was expected to vote to expel Fenchak in a special meeting Thursday. Now a judge’s order has stopped that process as his lawsuit against Penn State plays out.
When asked for comment, a university spokesperson wrote by email: “We are reviewing the judge’s decision and determining next steps.”
Wednesday’s court injunction marks the second legal setback for Penn State in recent weeks, as the university is also being sued by trustee Anthony Lubrano. He alleges fellow trustees launched a retaliatory investigation into him for speaking out on Penn State financial issues and board decision-making and requested the university foot the bill for his legal defense in the process.
Earlier this month, a judge ruled that Penn State must pay Lubrano’s legal fees.
