As trustees of Penn State, we are outraged that a verified claim from a junior female staff member has been dismissed as nothing more than a “joke.”
The thorough investigation (shared with the court) conducted by Penn State’s Office of Ethics and Compliance—not Penn State’s Board of Trustees—revealed that Trustee Barry Fenchak said directly to a female staff member, “my wife always tells me I look like a [male anatomy] with a ballcap on, can I try yours on?” The female staff member said she immediately felt uncomfortable, but given his status as a trustee, she felt she had no choice but to hand Fenchak her hat. Fenchak then asked her, “yeah, do I look like a [male anatomy]?” A short time after that interaction, Fenchak walked with the female staff member toward the parking lot and discussed where she lived.
The University followed its long-standing procedures for investigating complaints of inappropriate conduct. This investigation was not initiated in retaliation against Fenchak.
Witnesses have corroborated the details of the event, which unmistakably reveal an alarming lack of professionalism, decorum and judgment by Fenchak. His response was even more telling: Rather than acknowledging the inappropriateness of his statement, Fenchak attempted to minimize his remark by attributing it, after the fact, to a line in a 30-year-old movie.
This was not a lighthearted exchange; it was a direct and inappropriate engagement at an official event that left a Penn State staff member, and her colleagues who witnessed the incident, shocked and uncomfortable. We applaud her bravery and are committed to protect all colleagues from such outrageous behavior.
Fenchak’s claims that his actions were merely a joke and that he is being targeted for questioning board actions are not supported by the facts. Filing a lawsuit against the board does not excuse anyone from standards of general decency or from adhering to the board’s code of conduct—which Fenchak has yet to sign after years on the board.
The power imbalance in this exchange is unmistakable, and Fenchak’s behavior not only disregards basic standards of workplace conduct but also created an environment that is unacceptable—one that perpetuates misogyny and reinforces a notion that such inappropriate conduct is permissible. It is also against the board’s expectations that its members comport themselves in a respectful and professional manner. Trustees must uphold the highest ethical, behavioral and professional standards and show basic decency in their behavior.
As it now stands, the injunction issued last week by a Centre County court prevents Penn State’s Board of Trustees from holding Fenchak accountable and ensuring its members adhere to the most basic behavioral standards. In our personal and professional experiences, this type of behavior is intolerable. Thus, regarding the court’s decision, we respectfully and unequivocally dissent.
We are very proud to serve Penn State and work to advance its educational, research and service mission. Our focus remains on ensuring this university and its students, faculty and staff continue to thrive, and we must be able to do so without the tumult and distraction that accompanies inappropriate trustee conduct.
Mary Lee Schneider, Christa Hasenkopf, Ali Krieger, Kelley Lynch, Julie Anna Potts, Karen Quintos and Tracy Riegel are members of the Penn State Board of Trustees.
