Court Rules Penn State Must Pay Trustees’ Attorney Fees In Freeh Report Documents Lawsuit
A Centre County Court ruled Penn State must reimburse seven trustees for attorney fees and costs from a lawsuit on access to documents related to the Freeh report, according to The Legal Intelligencer.
Under an indemnification (read: payment for loss) provision in Penn State’s bylaws, trustees Ted Brown, Barbara Doran, Bob Jubelirer, Anthony Lubrano, Ryan McCombie, Bill Oldsey, and Alice Pope are entitled to compensation for costs they incurred in both the initial lawsuit and its appeal.
The trustees started their lawsuit against Penn State in April 2015, saying the university must give them access to documents used to develop the Freeh report, which explained the findings of Penn State’s investigation of the Sandusky scandal.
They argued the information was necessary for them to complete their required duties on the Board of Trustees to “assess the propriety of instituting legal action on behalf of the university relating to matters addressed in the Freeh report or circumstances surrounding issuance of the Freeh report,” and to “objectively determine whether the conclusions in the Freeh report mischaracterized and misrepresented an alleged institutional failure by the university and its administration and, if so, whether the [Special Investigations Task Force], the chairman or any other trustee knew or should have known that the Freeh report was inaccurate” according to The Legal Intelligencer.
Penn State said the documents were unrelated to the duties of the trustees and those interviewed for the report had been promised anonymity. A court ultimately ruled the university must give the trustees access to the materials.