Alumni-Elected Trustee Anthony Lubrano Sues Penn State
Penn State Board of Trustees alumni representative Anthony Lubrano filed a lawsuit against the university on Wednesday, September 4. Lubrano is suing Penn State for legal fees related to an investigation into his conduct by the Board of Trustees.
In his court filing, Lubrano said the Board of Trustees engaged in an investigation against him, and later reprimanded him, after he proposed naming the field at Beaver Stadium, “Paterno Field at Beaver Stadium,” in honor of former head football coach Joe Paterno and his wife, Sue. After a lengthy speech by Jay Paterno, a fellow trustee and Joe Paterno’s son, Lubrano retracted his proposal.
Lubrano said in the filing that he spoke about the board’s punishment for him in interviews with media that occurred. The board then later punished Lubrano for his comments to the media and opened an investigation into his actions after other trustees made anonymous complaints.
Lubrano’s filing cited Penn State’s bylaws, which say he is entitled to indemnification, or financial reimbursement, for suits brought against him by the university. According to the filing, the Board of Trustees denied Lubrano’s request for indemnification in early August.
Lubrano’s filing also said that he attempted to be indemnified again by the university in late August, but the university refused and refused to pause its investigation into Lubrano. Since his original filing, Lubrano filed an injunction against the university and its investigation, which was later granted.
In its response, Penn State argued that Lubrano was not entitled to indemnification because his defense costs were limited by the term “Action” in the bylaws. The university also said it offered Lubrano $10,000 in indemnification.
According to Penn State’s filing, Lubrano responded by citing a past court case involving the university, demanding he be reimbursed in full, and that the university pause the investigation. The university told Lubrano the referenced case was inapplicable, it would not pause the investigation, and was still willing to pay up to $10,000 in indemnification.
Lubrano is the second trustee actively engaged in a lawsuit against the university. Fellow alumni-elected trustee Barry Fenchak is also suing Penn State to gain access to documents regarding university finances he feels are critical to performing his duties as a trustee. Fenchak was recently recommended for removal from his seat by the Board of Trustees Governance Committee.
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