Bullshit. Psu is a witness which does not want to comply with a subpoena. They would not dare make such a trivial thing the basis of a COI claim. If they did and won, several trustees would be VERY vulnerable.
Documentation from Penn State is being requested by the Paternos. Here is the most recent filing: http://co.centre.pa.us/centreco/med...S RESPONSE TO COURT FEBRUARY 3 2017 ORDER.pdf
The Conflict of Interest clause in the Bylaws are here:
(a) Conflict of Interest. A “conflict of interest” exists when a reasonable observer, having knowledge of all of the relevant facts and circumstances, would conclude that a Trustee has an actual or apparent conflict of interest in a matter related to the University. In addition to financial conflicts of interest, a conflict of interest includes a situation in which a Trustee, family member or related entity has an interest that may lead the Trustee to act in a way that is incompatible with or a breach of the Trustee’s fiduciary duty to the institution or use such Trustee’s role to achieve personal gain or benefit or gain or benefit to family, friends or associates.
https://trustees.psu.edu/pdf/Bylaws November 2016.pdf
That does cover asking for documents that Jay, and the estate, are asking for from Penn State.
Jay would have to separate himself from any involvement with the suit or access to the documents, at least while the suit is pending.