UPDATE ON SENATE BILL 800: The Senate is currently in recess, but will soon be returning to work on the budget impass. Meanwhile Senate Bill 800, to reform Penn State's BoT, is still in the House Government Committee. The Committee Chair, Senator Mike Folmer, needs to hear from Nittany Nation, our friends and our families to encourage him to bring this bill up for a vote in his committee. Folmer represents Lebanon and Dauphin Counties, so supporters there, in his home district, are VERY important. Here is Folmer's contact info: Harrisburg: 337 Main Capitol, 717-787-5708; 400 South 8th Street, Lebanon, PA 17042, 717-274-6735. email is : mfolmer "at" pasen.gov
Here is what I just sent:
Dear Senator Folmer,
cc: Senators Yudichak and Dinniman, Penn State Trustees, Penn State alumni networking
I agree with State Senator Yudichak’s legislation to reorganize the highly dysfunctional Penn State Board of Trustees. State Senator Dinniman pointed out, in fact, that the Business & Industry Trustees whose mishandling of the Sandusky scandal caused so much harm to the University are “serving” in violation of the laws of the Commonwealth. They are supposed to be appointed by state professional and industrial societies, but they changed the selection procedure (without authorization from the Legislature) so they could appoint themselves. The Board’s contempt for the Legislature is underscored by the fact that President Barron’s assistant, Michael DiRaimo, apparently lied to the Legislature about the Board’s position—it has none, having not voted to adopt one—on Senator Yudichak’s legislation. This unauthorized communication was tolerated by President Barron and the Board, and it is far more likely than not that one or more Board members directed Mr. DiRaimo in this manner.
The sworn depositions of Board Chairman Keith Masser and Trustee Kenneth Frazier in the Corman-NCAA lawsuit prove, meanwhile, that the Board not only scapegoated Coach Joe Paterno in November 2011, but then lied about the circumstances of his dismissal in March 2012. The issue is not Joe Paterno; somebody who scapegoats any employee, even one who pushes a broom, is not fit for any position of supervisory responsibility whatsoever. In addition, of course, lying to and on behalf of the organization to which one owes a fiduciary responsibility also disqualifies that person from any position of trust.
Former Board Chairwoman Karen Peetz (Business & Industry) violated the Board’s Standing Orders when she recklessly and without any evidence of due diligence affirmed the Freeh Report’s findings of guilt on Penn State’s behalf. The NCAA used this as an excuse to impose its sanctions, which cost the Commonwealth’s taxpayers as well as Penn State’s students upward of $60 million. Peetz then failed to inform the NCAA that the Board had not, in fact, voted to affirm the Freeh Report; she preferred to cover up her own misconduct despite the enormous damage to Penn State.
Former President Rodney Erickson accepted the sanctions on Penn State’s behalf without the approval of the Board, and apparently without even the knowledge of many Board members. The Board, as then constituted, tolerated Erickson’s circumvention of the Board’s responsibility and authority. (A few Trustees took exception, but the majority as then led by Chairwoman Peetz, and later Chairman Masser, prevented any action from being taken.)
Kenneth Frazier, another Business & Industry Trustee, was not merely a party to the falsehood told by the Board in March 2012. In March 2013, he used a racial slur—“people that look like you who think the O.J. Simpson verdict was correct”—during a public Board meeting in response to an alumnus who challenged the Freeh Report. An audio of the racial slur in question is available online. It’s the first item that comes up in a Google search on "Kenneth Frazier" and "that look like you."
Here, by the way, is proof that every single Board member as of March 2012, including ex officio Trustee Rodney Erickson, lied to and on behalf of the Penn State community about the circumstances of Coach Paterno’s dismissal.
Board statement of March 2012
"While Coach Paterno did his legal duty by reporting that information the next day, Sunday, March 3, to his immediate superior, the then Penn State Athletic Director Tim Curley, the Board reasonably inferred that he did not call police. We determined that his decision to do his minimum legal duty and not to do more to follow up constituted a failure of leadership by Coach Paterno. …At about 9 pm, we unanimously made the difficult decision that Coach Paterno’s failure of leadership required his removal as football coach."
Note that the Board used “failure of leadership” twice. Please compare this to what Mr. Masser had to say later when under oath:
“The decision to remove Coach Paterno had nothing to do with what he had known, what he hadn’t done. It was based upon the distraction of having him on the sidelines would have caused the university and the current football team harm. It had nothing to do with what Coach Paterno had done, or hadn’t done.”
Kenneth Frazier’s deposition, while less explicit, supports Masser’s testimony that Paterno was fired solely for public relations reasons. If Paterno was not removed for anything he had or had not done, as affirmed under oath by Mr. Masser, he was not removed for failure of leadership. This proves unequivocally that Mr. Masser and his colleagues not only scapegoated Paterno in 2011, they then fabricated a dishonest and defamatory excuse in March 2012 to cover up their bad decision. This means every Trustee involved—and many of them are still on the Board, including Keith Masser, Keith Eckel, and Paul Silvis—lied to and on behalf of the Pennsylvania State University. This, along with gross disregard for the Board’s Standing Orders, dereliction of fiduciary duty to challenge the Freeh Report (as opined by the Commonwealth Court on 4/09/2014), subordination of the University’s well-being to personal agendas, and of course a racial slur by a Business & Industry Trustee, underscore the need for a massive overhaul of the manner in which the University is governed.
If you would like detailed information to support the legislation, please let me know, and I will be happy to provide it.
William A. Levinson, B.S. ‘78
Here is what I just sent:
Dear Senator Folmer,
cc: Senators Yudichak and Dinniman, Penn State Trustees, Penn State alumni networking
I agree with State Senator Yudichak’s legislation to reorganize the highly dysfunctional Penn State Board of Trustees. State Senator Dinniman pointed out, in fact, that the Business & Industry Trustees whose mishandling of the Sandusky scandal caused so much harm to the University are “serving” in violation of the laws of the Commonwealth. They are supposed to be appointed by state professional and industrial societies, but they changed the selection procedure (without authorization from the Legislature) so they could appoint themselves. The Board’s contempt for the Legislature is underscored by the fact that President Barron’s assistant, Michael DiRaimo, apparently lied to the Legislature about the Board’s position—it has none, having not voted to adopt one—on Senator Yudichak’s legislation. This unauthorized communication was tolerated by President Barron and the Board, and it is far more likely than not that one or more Board members directed Mr. DiRaimo in this manner.
The sworn depositions of Board Chairman Keith Masser and Trustee Kenneth Frazier in the Corman-NCAA lawsuit prove, meanwhile, that the Board not only scapegoated Coach Joe Paterno in November 2011, but then lied about the circumstances of his dismissal in March 2012. The issue is not Joe Paterno; somebody who scapegoats any employee, even one who pushes a broom, is not fit for any position of supervisory responsibility whatsoever. In addition, of course, lying to and on behalf of the organization to which one owes a fiduciary responsibility also disqualifies that person from any position of trust.
Former Board Chairwoman Karen Peetz (Business & Industry) violated the Board’s Standing Orders when she recklessly and without any evidence of due diligence affirmed the Freeh Report’s findings of guilt on Penn State’s behalf. The NCAA used this as an excuse to impose its sanctions, which cost the Commonwealth’s taxpayers as well as Penn State’s students upward of $60 million. Peetz then failed to inform the NCAA that the Board had not, in fact, voted to affirm the Freeh Report; she preferred to cover up her own misconduct despite the enormous damage to Penn State.
Former President Rodney Erickson accepted the sanctions on Penn State’s behalf without the approval of the Board, and apparently without even the knowledge of many Board members. The Board, as then constituted, tolerated Erickson’s circumvention of the Board’s responsibility and authority. (A few Trustees took exception, but the majority as then led by Chairwoman Peetz, and later Chairman Masser, prevented any action from being taken.)
Kenneth Frazier, another Business & Industry Trustee, was not merely a party to the falsehood told by the Board in March 2012. In March 2013, he used a racial slur—“people that look like you who think the O.J. Simpson verdict was correct”—during a public Board meeting in response to an alumnus who challenged the Freeh Report. An audio of the racial slur in question is available online. It’s the first item that comes up in a Google search on "Kenneth Frazier" and "that look like you."
Here, by the way, is proof that every single Board member as of March 2012, including ex officio Trustee Rodney Erickson, lied to and on behalf of the Penn State community about the circumstances of Coach Paterno’s dismissal.
Board statement of March 2012
"While Coach Paterno did his legal duty by reporting that information the next day, Sunday, March 3, to his immediate superior, the then Penn State Athletic Director Tim Curley, the Board reasonably inferred that he did not call police. We determined that his decision to do his minimum legal duty and not to do more to follow up constituted a failure of leadership by Coach Paterno. …At about 9 pm, we unanimously made the difficult decision that Coach Paterno’s failure of leadership required his removal as football coach."
Note that the Board used “failure of leadership” twice. Please compare this to what Mr. Masser had to say later when under oath:
“The decision to remove Coach Paterno had nothing to do with what he had known, what he hadn’t done. It was based upon the distraction of having him on the sidelines would have caused the university and the current football team harm. It had nothing to do with what Coach Paterno had done, or hadn’t done.”
Kenneth Frazier’s deposition, while less explicit, supports Masser’s testimony that Paterno was fired solely for public relations reasons. If Paterno was not removed for anything he had or had not done, as affirmed under oath by Mr. Masser, he was not removed for failure of leadership. This proves unequivocally that Mr. Masser and his colleagues not only scapegoated Paterno in 2011, they then fabricated a dishonest and defamatory excuse in March 2012 to cover up their bad decision. This means every Trustee involved—and many of them are still on the Board, including Keith Masser, Keith Eckel, and Paul Silvis—lied to and on behalf of the Pennsylvania State University. This, along with gross disregard for the Board’s Standing Orders, dereliction of fiduciary duty to challenge the Freeh Report (as opined by the Commonwealth Court on 4/09/2014), subordination of the University’s well-being to personal agendas, and of course a racial slur by a Business & Industry Trustee, underscore the need for a massive overhaul of the manner in which the University is governed.
If you would like detailed information to support the legislation, please let me know, and I will be happy to provide it.
William A. Levinson, B.S. ‘78