STATE COLLEGE, Pa. – In a legal filing today (May 13), Penn State indicated it would continue its efforts to protect the confidentiality of hundreds of university employees who were interviewed by the Freeh law firm. The filing is a response to a petition by alumni-elected members of the Board of Trustees to review source materials collected or prepared by the firm for its report, including the names of those who were interviewed. Penn State is legitimately concerned that interviewees may become public targets, and its work to encourage the reporting of wrongdoing would be jeopardized.
In its filing, the university maintains that it is a breach of duty and harmful to the university for the alumni-elected petitioners to ask for and receive the confidential material, and that the review is not related to the trustees’ fiduciary duty to the university. The university makes the point that such access will devastate the university’s efforts to create a culture where the reporting of wrongdoing is encouraged and whistleblowers feel protected against retaliation.
Moreover, numerous prior violations of confidentiality by certain alumni-elected trustees provide evidence of the likelihood of misuse. This is a key concern, and the university is not required under the law to make any documents available to trustees if there is a likelihood the information will be misused. The university is prepared to provide examples of violations to the court under seal or in private.
To read the University’s complete response to this lawsuit, visit http://www.psu.edu/ur/2014/PSU_Memorandum_In_Opposition.pdf.