A Centre County judge has ruled against Penn State trustee Barry Fenchak after Fenchak sued to be added to the 2025 Penn State Board of Trustees alumni election ballot. Fenchak sued the board after its nominating subcommittee voted he was ineligible to run.

Fenchak was deemed ineligible after he made comments to a female university employee in what lawyers referred to as the “League of Their Own” incident. Fenchak told the employee that when he wears a ball cap, his wife says he “looks like a penis with a little hat on,” which the employee said made her uncomfortable. Fenchak later said the comment was in reference to the 1992 film “League of Their Own.”

In a Bellfonte court hearing on Friday, prosecutors painted Fenchak as a misogynist who frequently made deragatory comments toward women, including former board members, before he was elected to the board. Fenchak admitted that had he made those comments as an active trustee, the board could have cause to remove him.

In one incident, Fenchak called former chair of the board Mimi Barash Coppersmith a “stupid bitch” in the Facebook comments of a Town and Gown article. In court, Fenchak called the comment “inappropriate” and “regrettable.”

Fenchak’s attorneys disregarded his past comments and argued almost entirely that new bylaws, enacted by the board in July 2024, went against the Pennsylvania Constitution’s free speech laws. Those bylaws prohibit trustees from speaking negatively about board decisions after discussion and a vote on the matter.

The judge in the case, Brian Marshall, said restrictions on Fenchak’s speech were permissable, given his position on the board. Acting against any subcommittee, Marshall wrote, was unnecessary and went against the board’s self-governance.

Fenchak did not immediately provide comment to Onward State on the ruling, saying he didn’t have time to read the order after its release.

This lawsuit was Fenchak’s third against the board in the last year. Previously, Fenchak sued to obtain financial information he said was crucial to his role as a trustee, a suit which he won. He also sued to avoid being kicked off the board for the “League of Their Own” incident.

Fenchak’s term with the board is set to expire on June 30, 2025. He is eligible to run for board membership again, though he would have to pass through the nominating subcommittee’s screening matrix should he decide mount a comeback.