Looks like they are trying to bounce Lubrano as well but then ran smack dab into a judge. I like how Lubrano is going to make them pay for the privilege of trying to unlawfully bounce him. I hope Fenchak does exactly the same thing. This is clear retaliation.
Who's the high-profile unnamed Penn State employee who interfered in the 2023 alumni trustee election? Starting at the top of the highest-paid university employees is a very high-profile name...
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A Penn State trustee claiming he is under retaliatory investigation by the university for seeking transparency is suing the university to pay his legal fees and indemnify him, according to the lawsuit.
Trustee Anthony Lubrano of Glenmoore, Chester County, filed an injunction Wednesday in Lackawanna County Court against Pennsylvania State University centered in State College and with branch campuses throughout the commonwealth.
Lubrano's lawsuit seeks to halt the university's investigation until it advances to him unspecified expenses and provides indemnification, or exemption from incurred penalties or liabilities, both of which are supposed to be afforded to trustees under college bylaws.
A judge granted a preliminary injunction in the suit pending a hearing Thursday.
The university has not filed any responses yet in the case and efforts Monday to reach the Board of Trustees for comment were unsuccessful.
The lawsuit claims Lubrano has publicly raised issues to provide transparency to alumni who elected him and to taxpayers who help fund the university, but PSU “sanctioned and retaliated against” him for speaking out.
According to the lawsuit:
The dispute stems from Lubrano on Feb. 16 introducing — but also withdrawing pending further debate — a resolution to rename the football field for former football coach Joe Paterno and his wife, Sue. Amid that issue, Lubrano in media interviews expressed concerns about rising tuition and unfunded costs of major capital building projects.
On March 28, trustee leaders reprimanded Lubrano for presenting the Paterno resolution and for his comments. Lubrano referenced the reprimand in other media interviews, “leading to further retaliation by the university” against him.
The board in March began an investigation of Lubrano based on anonymous complaints from other trustees regarding the resolution and his public comments.
Before he learned of the investigation, Lubrano confidentially put the board and university president on notice of two compliance concerns, including whether there was an obligation to report to an oversight body and purported interference by a high-profile, unnamed employee in the 2023 election of alumni trustees.
Lubrano was first advised of the investigation July 18. The next day, in the presence of the full board, Lubrano was made aware of the investigation's findings and was directed not to disclose them “under threat of sanctions.” The lawsuit does not disclose the findings.
On July 22, Lubrano requested indemnification and advancement of expenses. He also committed to repay advanced funds if it was later determined that indemnification was not permitted.
On Aug. 7, the university denied indemnification and advancement of expenses because Lubrano is the subject of an investigation initiated by the board. Lubrano contends that position is incorrect because indemnification under the bylaws is not limited but instead is broadly promised when a trustee is subject to an investigation by reason of being or having been a trustee.
“The university is intentionally and willfully avoiding the plain language in the bylaws to advance its own agenda,” claims the lawsuit filed for Lubrano by the Myers, Brier & Kelly law firm in Scranton.
On Aug. 25, the board gave notice of an executive session scheduled for Sept. 6 regarding the investigation. On Aug. 29, Lubrano requested a pause in the probe, including the executive session, until the university advances his expenses. The university refused to pause the investigation.
Lubrano on Sept. 4 filed the emergency petition for a preliminary injunction. In an order issued Sept. 5, a judge granted a preliminary injunction pending a hearing Thursday in Lackawanna County Court. The order also required Lubrano to post a $2,500 bond, which he did.
Lubrano filed the lawsuit in Lackawanna County because it contains the Scranton branch campus in Dunmore and over 8,000 PSU alumni live in Lackawanna County. University alumni elect nine of the 38 trustees, and alumni living in Lackawanna County participated in Lubrano's elections as a trustee.
Lubrano has been elected by alumni to two successive three-year terms, in July 2020 and July 2023, and previously served as an alumni-elected trustee from July 2012 to June 2018.
Who's the high-profile unnamed Penn State employee who interfered in the 2023 alumni trustee election? Starting at the top of the highest-paid university employees is a very high-profile name...
Penn State trustee sues university to cover his legal expenses and indemnify him in internal investigation
A Penn State trustee claiming he is under retaliatory investigation by the university for seeking transparency is suing the university to pay his legal fees and indemnify him, according to
A Penn State trustee claiming he is under retaliatory investigation by the university for seeking transparency is suing the university to pay his legal fees and indemnify him, according to the lawsuit.
Trustee Anthony Lubrano of Glenmoore, Chester County, filed an injunction Wednesday in Lackawanna County Court against Pennsylvania State University centered in State College and with branch campuses throughout the commonwealth.
Lubrano's lawsuit seeks to halt the university's investigation until it advances to him unspecified expenses and provides indemnification, or exemption from incurred penalties or liabilities, both of which are supposed to be afforded to trustees under college bylaws.
A judge granted a preliminary injunction in the suit pending a hearing Thursday.
The university has not filed any responses yet in the case and efforts Monday to reach the Board of Trustees for comment were unsuccessful.
The lawsuit claims Lubrano has publicly raised issues to provide transparency to alumni who elected him and to taxpayers who help fund the university, but PSU “sanctioned and retaliated against” him for speaking out.
According to the lawsuit:
The dispute stems from Lubrano on Feb. 16 introducing — but also withdrawing pending further debate — a resolution to rename the football field for former football coach Joe Paterno and his wife, Sue. Amid that issue, Lubrano in media interviews expressed concerns about rising tuition and unfunded costs of major capital building projects.
On March 28, trustee leaders reprimanded Lubrano for presenting the Paterno resolution and for his comments. Lubrano referenced the reprimand in other media interviews, “leading to further retaliation by the university” against him.
The board in March began an investigation of Lubrano based on anonymous complaints from other trustees regarding the resolution and his public comments.
Before he learned of the investigation, Lubrano confidentially put the board and university president on notice of two compliance concerns, including whether there was an obligation to report to an oversight body and purported interference by a high-profile, unnamed employee in the 2023 election of alumni trustees.
Lubrano was first advised of the investigation July 18. The next day, in the presence of the full board, Lubrano was made aware of the investigation's findings and was directed not to disclose them “under threat of sanctions.” The lawsuit does not disclose the findings.
On July 22, Lubrano requested indemnification and advancement of expenses. He also committed to repay advanced funds if it was later determined that indemnification was not permitted.
On Aug. 7, the university denied indemnification and advancement of expenses because Lubrano is the subject of an investigation initiated by the board. Lubrano contends that position is incorrect because indemnification under the bylaws is not limited but instead is broadly promised when a trustee is subject to an investigation by reason of being or having been a trustee.
“The university is intentionally and willfully avoiding the plain language in the bylaws to advance its own agenda,” claims the lawsuit filed for Lubrano by the Myers, Brier & Kelly law firm in Scranton.
On Aug. 25, the board gave notice of an executive session scheduled for Sept. 6 regarding the investigation. On Aug. 29, Lubrano requested a pause in the probe, including the executive session, until the university advances his expenses. The university refused to pause the investigation.
Lubrano on Sept. 4 filed the emergency petition for a preliminary injunction. In an order issued Sept. 5, a judge granted a preliminary injunction pending a hearing Thursday in Lackawanna County Court. The order also required Lubrano to post a $2,500 bond, which he did.
Lubrano filed the lawsuit in Lackawanna County because it contains the Scranton branch campus in Dunmore and over 8,000 PSU alumni live in Lackawanna County. University alumni elect nine of the 38 trustees, and alumni living in Lackawanna County participated in Lubrano's elections as a trustee.
Lubrano has been elected by alumni to two successive three-year terms, in July 2020 and July 2023, and previously served as an alumni-elected trustee from July 2012 to June 2018.
