UNIVERSITY PARK, Pa. (WTAJ) — After months of legal battle, the majority of the Penn State Board of Trustees voted to remove one of its members two weeks before the end of his term.
The board voted 30-4 in a special meeting Monday, June 16, to remove Barry Fenchak from the trustees. According to the trustee bylaws, being voted out now renders Fenchak ineligible to "stand for election or serve again as a Trustee; such prohibition is to be permanent."
The board initially tried to hold the vote last year, but the action was blocked by Judge Brian Marshall. However, after the board gave Fenchak access to the financial records he requested about the university's endowment, they asked the judge to reconsider. Judge Marshall dissolved the preliminary injunction, which allowed the board to move forward with the vote.
Chair of the Board David Kleppinger detailed the reason for the meeting at the start, saying the university investigated a claim of Fenchak having a "verbal interaction" with a female staff member that made her uncomfortable. That staff member filed a formal complaint, and after investigating the issue, the Governance Committee recommended the removal of Fenchak for having "violated the Trustee Code of Conduct provisions on professionalism."
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The meeting gave trustees a chance to voice their opinions on the matter before the vote. Ted Brown said removing Fenchak would be a "slippery slope" for how the board operates moving forward. Jay Paterno echoed a similar sentiment, saying it was "a sad day for Penn State" and that the decision "borders on petty."
Still, the majority made their voice heard. Tracy Riegel said that the vote sends a "clear message" that "unacceptable behavior" is not tolerated by the board. Kelley Lynch said Fenchak's "lack of genuine remorse and unwillingness to take responsibility" concerned her.
In an interview with WTAJ after the verdict, Fenchak said his removal came as "no surprise." He said he believed the actual reason he was recommended to be removed was different than the one presented.
"I was the one who asked the questions, who demanded some accountability and some honesty and some information," Fenchak said. "And they didn't like that."
He hopes the Penn State community increases "the level of engagement they have and the level of awareness they have moving forward," so what happened is not forgotten. As for his future plans, he hopes to continue "helping move things forward in a positive direction for Penn State."
According to the trustee bylaws, the new vacancy can be "filled by appointment by the Chair of the Board at the request of the majority of the Governance Committee for the unexpired term." The three new alumni trustees elected before the meeting will start July 1.
