PSU news by
Penn State's student blog

Topics

About

KDR Whistleblower Arguing ‘Penn State Lives Here’ To Keep KDR Case Out Of Centre County

UPDATE (Jan. 27, 8:16 p.m.): The Philadelphia Court of Common Pleas granted Penn State its change of venue request, meaning KDR Whistleblower James Vivenzio’s case against the university and others will have to be heard in either Centre or Dauphin County, according to court documents and as first reported by the Daily Collegian.

Original Post

This time last year, James Vivenzio was working with State College police to help them uncover Kappa Delta Rho’s private Facebook pages that contained evidence to assault, hazing, and drug use. Now he’s working to sue the University.

Vivenzio and his attorney filed a document on January 6 to have the case against Penn State heard in Philadelphia instead of Centre County, like the University wants.

In September, Penn State filed a motion to move the case to Centre County, arguing that not only is Penn State and the corresponding chapter of KDR located in the county, but also all of the alleged crimes and hazing took place here. Additionally, Penn State noted that Vivenzio is not even from Philadelphia (he’s from Virginia), so it doesn’t makes sense to see the case in a southeastern county.

But doesn’t Penn State live everywhere? If you ask Vivenzio’s attorney, Aaron Freiwald of Philadelphia firm Freiwald Law, it does, and the marketing campaign designed to “embody the spirit of Penn Staters everywhere” is coming back to bite Old Main.

Freiwald thinks that Penn State’s advertising campaign is reason enough to allow the case to stay in Philly, noting that there is even a “large, brightly-lit” advertisement just outside the courthouse, according to the Centre Daily Times.

“Penn State cannot pick and choose when Philadelphia is or is not vexations or oppressive,” Freiwald said, in response to a line in Penn State’s complaint wherein attorney for the University James Keller said it would be “oppressive and vexatious to require the University and its witnesses to travel to and be present in Philadelphia County.”

When Penn State filed in September, Freiwald also commented to The Legal Intelligencer that he believes the case should be handled in a fashion similar to the Sandusky motions and that, given the complexity of the issue, it would be more appropriate for the case to be heard in Philadelphia.

KDR and its related Alumni Organization chapter also argued to transfer the case to Centre County in a preliminary objection filled in August.

If you’re just dropping in on the case now, here’s a quick run-down. In June, Vivenzio filed a complaint against Penn State and about a million others. Claiming that the University “dragged its feet” in investigating his case, the whistleblower is pressing charges of negligence, battery, unlawful furnishing of alcohol to a minor, furnishing liquor to one obviously intoxicated, false imprisonment, fraud, and conversion.

Penn State “strongly disputed” the allegations, arguing that the University offered Vivenzio, according to spokeswoman Lisa Powers, “extraordinary assistance on numerous occasions” at the time.

The two really haven’t really agreed on much since Vivenzio made his claims, and when it comes to location, nothing much has changed. The Vivenzio party and Penn State will reach a decision on the change of venue request on Wednesday (in Philadelphia).

About the Author

Lexi Shimkonis

Lexi is an editor-turned-staff writer who can often be found at either Irving's or the Phyrst (with the chances she'll have her backpack being the same). Lexi is a senior hailing from Spring City, PA (kind of) and studying Civil Engineering. Please email questions and/or pleas for an Instagram caption to [email protected], or for a more intimate bond, follow her on Twitter @lexshimko.

Comments

More by Lexi

A Special, Precious, & Eventful Experience: Lexi Shimkonis’ Senior Column

“And here in this lovely, intriguing spot called Penn State, each of us staked our own special, precious, and eventful life.” — Ross Lehman

Homecoming To Replace King And Queen With Gender-Neutral Court

[Video] An Interview With Line Dance Leader Gina DeFrancesco

Athletics

Shea Moyer Lifts Penn State Women’s Soccer Past West Virginia 1-0

Sophomore midfielder Shea Moyer scored the game-winning goal in the 80th minute of a rainy season opener at Jeffrey Field.

Penn State Women’s Soccer Poised For Strong 2018 Season

Incoming Penn State Track & Field Athlete Kristian Marche Shot To Death In Philadelphia

Former Women’s Gymnastics Coach Files Lawsuit Against Penn State Over Handling Of Abuse Allegations

Men’s Soccer Trio, Reading United Win PDL Eastern Conference Title, Fall Short Of National Championship

Student Life

Start The Semester Off Right With These Welcome Week Activities

Don your brightly-colored college shirt and officially begin your Penn State career with these Welcome Week activities.

Nike Releases New Penn State Sneakers

Penn State Parking Office Runs Into Student Permit Purchase Issues

Plans Submitted For New KFC In State College

Developers have submitted preliminary land development plans to build a new KFC restaurant at 1780 S. Atherton St. in State College.

Join Onward State: Fall 2018 Application

Onward State is hiring for the fall semester and we’d love to have you join us.

Start The Semester Off Right With These Welcome Week Activities

Don your brightly-colored college shirt and officially begin your Penn State career with these Welcome Week activities.

Be the first to know

  • Top posts and the best Penn State stories

Thank you for subscribing.

Something went wrong.

Assessing Penn State’s Front Seven Following Tuesday’s Medical Retirements

Penn State’s defensive line rotation will be shaken up following Ryan Buchholz’s medical retirement from football, while the coaching staff is letting the linebackers duel it out during camp.

Send this to a friend