Update September 26, 2024: Fenchak V Penn State BOT

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There has been a lot of news since the last update. I continue to be impressed by the work our attorneys, Terry Mutchler, Justin Boehret, and Erika Silverbreit are doing. I am grateful they are on our case.

To quote from a recent article by Geoff Rushton in StateCollege.com:

"Since filing the lawsuit, Fenchak says the board “has engaged in further retaliatory conduct with an ever increasing severity of sanctions,” including prohibiting him from attending meetings in person and culminating with a committee’s vote on Sept. 9 recommending that he be removed from the board."

According to the new bylaws, this removal comes with the stipulation that any trustee thus removed is ineligible to ever be on the Board again, and is banned for life (Section 2.02(c)).

In response to the Board of Trustees Governance Committee’s vote, last Friday our legal team filed an Emergency Motion for Preliminary Injunction. I strongly encourage you to read the motion here.

Yesterday we were granted an in-person evidentiary hearing on this motion at the Centre County Courthouse, scheduled for Tuesday, October 8th. The judge is aware that the full Board of Trustees is scheduled to vote on my removal on Thursday, October 10th.

The scope of this lawsuit is expanding quickly as Penn State continues to double-down on their illegal actions. Dave Lapioli has increased the amount of the GoFundMe fundraiser to $20,000 and we are more than half the way there.

The funds raised are being spent wisely and the suit is moving forward quickly. If you have already donated, thank you. If you have the means to do so and want to see Penn State back in the hands of trustees who understand legal university governance, your donation will go to a very good cause. Whether or not you have the means to contribute personally, please help us spread the word and forward the GoFundMe information to all the Penn Staters in your circle.

Donate Now To Barry's Legal Fund

Meanwhile, our lawsuit demanding that the Board stops censoring information and breaking state law moves forward. Our next actions in that case are due October 7th, and we hope to be arguing in front of the judge – and winning the case – shortly thereafter.

There have been some excellent articles I would like to draw your attention to:

Your support and advice has been crucial in navigating this battle. Above all, WE ARE making your voices heard.