Two well-known Penn State trustees took the witness stand Tuesday in Centre County Court to support former trustee Barry Fenchak as he continues his legal battle with the university following his removal from the Board of Trustees.
Current trustees Anthony Lubrano and Jay Paterno testified during a hearing on Fenchak’s petition seeking sanctions against Penn State. Fenchak is also asking the court to order the university to pay his attorney’s fees.
The dispute stems from Fenchak’s efforts to obtain additional information about Penn State’s endowment and finances related to the Beaver Stadium renovation project. Fenchak has argued that reviewing the university’s financial affairs is part of a trustee’s fiduciary responsibility and that he was improperly denied access to the records.
On the witness stand, both Lubrano and Paterno agreed that trustees have a responsibility to oversee the university’s finances.
Lubrano testified that he also faced repeated resistance when seeking information from university leadership, saying at least six of his requests were denied until he filed his own lawsuit against the board.
Both trustees also testified they believed there was personal animosity toward Fenchak from at least one fellow trustee.
Paterno shared that he first became acquainted with Fenchak after receiving emails from him criticizing his coaching. Paterno joked that he “got his revenge” years later when Fenchak coached one of his sons in youth soccer.
Penn State’s attorneys objected to portions of the testimony, arguing Fenchak was attempting to relitigate issues that have already been decided by the courts.
Tuesday also marked Lubrano’s final day as a Penn State trustee, as his fourth and final elected term representing alumni came to an end.