Penn State Fighting Subpoenas for Current and Former Board of Trustees Chairs

I wanted to provide an update on my case against the Penn State Board of Trustees.

While most of the items directly at issue in the filing of the lawsuit have been completed and Penn State was compelled to provide much of the specific financial information I requested during my time as a trustee, we remain in Centre County Court to adjudicate sanctions against Penn State.

During the course of litigation, Penn State leadership repeatedly delayed providing me with the information that they knew they were required by statute to provide. Those delays resulted in huge outlays of time, effort and legal expenses. At the same time, Penn State acted to pre-textually remove me from the Board of Trustees.

We are seeking sanctions against Penn State’s ‘dilatory, obdurate, and vexatious’ conduct, which is legalese for ‘bad faith’ deliberately stonewalling proceedings. Penn State is now refusing to cover the legal costs their conduct created. On January 29, 2026, I filed a petition and the Court has scheduled a hearing for June 30, 2026.

In preparation for that hearing, on March 16, 2026, my attorney, Steve Marino, requested subpoenas for David Kleppinger, the current Chair of the Penn State Board of Trustees, and Matt Schuyler, the immediate past Chair and a current trustee.

In response, Penn State filed an Emergency Motion for Protective Order and Stay of Discovery, an effort to block us from questioning Mr. Schuyler and Mr. Kleppinger about their roles in the conduct at issue. A hearing on that motion was held this morning, March 31, 2026.

At the hearing, my attorney argued that Penn State’s objections to these depositions are without merit, and that my claims are neither speculative nor ‘absurd’.

Penn State is going to considerable lengths to keep its current and former Board Chairs from providing testimony under oath. Their statements would shed important light on the actions taken during this process, and would be a meaningful step toward the accountability and transparency that Penn State claims to value.

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.