Posts Tagged penn state

Open Records Law Key to Restoring Penn State Credibility

Penn State University is fighting efforts in Harrisburg to place state-related universities, of which Penn State is one, under provisions of the commonwealth’s Open Records law.  This would require the folks in Happy Valley to provide the same transparency as other beneficiaries of the taxpayer’s largess.  As the botched search for a new president of the state’s marquee institution illustrates, the need for such a law clear and compelling.

Even the Jerry Sandusky scandal failed to bring about the structural changes needed to transform the insular and secretive cultural of Penn State’s governing board and administration.  While much about the sordid Sandusky saga remains the topic of debate, there is no doubt the cloistered culture of the university’s board resulted in a climate that allowed the Sandusky wound to fester.  That culture allowed the tragic sexual abuse of young men to continue, destroyed a storied football program, ruined careers, and cast a shadow of shame over a once proud educational institution.

That the “reforms” so far have been little more than window dressing has come into focus as Penn State seeks to select its next president.  Rather than conduct the search in an open and inclusive process, a sub-set of trustees have dominated the search to the point that they have excluded board members who are not part of the inner circle.  Trustee  Anthony Lubrano, elected after the scandal and an independent voice on the board, has been highly critical of the selection process and the failure to significantly involve all board members.

The process so far appears to ensure two things: the new president will take office under a cloud of controversy, and that person will be beholden to the power clique which made the selection.  This is clearly not the way for Penn State to begin repairing its tattered reputation.

If you believe that where there is smoke there is fire, the fact the trustees are undertaking what will be one of their most important decisions in such a manner then it is reasonable to conclude that little or nothing about the institution’s governing culture has either been learned or has changed because of the Sandusky scandal.

Penn State, like virtually every other educational institution, constantly has its hands out asking for more tax dollars.  Like baseball, apple pie and hot dogs, public education at all levels is a cultural icon.  So taxpayers are generally supportive. But, more money does not necessarily guarantee a better education.  So in a time of tight budgets, education spending has come under more scrutiny.  Penn State, along with the other state-related institutions wails and rends garments because their fiscal demands are not being met.

As they roam the halls of the state capitol panhandling for more taxpayer cash, the universities are also fighting to stave off inclusion in the Open Records law.  Their goal is a never-ending stream of state dollars, without transparency and accountability for how those dollars are being spent.  For some reason they believe they deserve a special exception to the rules other institutions receiving state funds must follow.

If anything, the Sandusky scandal and the presidential search fiasco should serve as glaring reasons why Penn State and the other state-related universities should and must be placed under provisions of the Open Records law.  A case can even be made that the law should be strengthened across the boards.

Simply put, you cannot have too much transparency in government.  Information is power.  And the natural inclination of any bureaucracy is to preserve and expand its power.  A strong, enforceable Open Records law is vital to preventing the abuse of such power.  And the key to any new law covering the state-related universities must be enforceability.  Compliance should be tied to funding: comply and the university gets state funds, fail to comply and funding is withheld.

Given the proven inability of Penn State’s board and administration to reform itself the minimum that must occur is to let the light of full disclosure shine into the dark recesses of the institution’s back rooms.  Only then will we the people of Pennsylvania be able to regain trust and confidence in Penn State and it can be restored to its rightful place as one of our commonwealth’s most important and respected institutions.

(Lowman S. Henry is Chairman & CEO of the Lincoln Institute and host of the weekly Lincoln Radio Journal.  His e-mail address is

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This Week on Lincoln Radio Journal: Melissa Hart talks Paul Ryan

Radio Program Schedule for the week of August 18, 2012 – August 24, 2012

This week on American Radio Journal:

  • Lowman Henry talks with Gene Healy of the Washington Examiner and the CATO Institute about Washington, D.C. prospering while the nation suffers
  • Andy Roth of the Club for Growth has the Real Story on U.S. Senate primaries in Florida, Minnesota, Wisconsin and Connecticut
  • Adam Tragone and John Gizzi of Human Events have an Off the Cuff discussion on the selection of Wisconsin Congressman Paul Ryan as Mitt Romney’s running mate
  • Dr. Paul Kengor from the Center for Vision & Values at Grove City College has an American Radio Journal commentary on Barack Obama’s mentor

This week on Lincoln Radio Journal:

  • Eric Boehm has news headlines from
  • Kevin Shivers from the PA Chapter of the National Federation of Independent Business and Matthew Brouillette of the Commonwealth Foundation have a Capitol Watch roundtable discussion with former Pennsylvania Congresswoman Melissa Hart about Mitt Romney’s selection of Paul Ryan as his running mate
  • Lowman Henry has a Town Hall Commentary on why the Penn State Board of Trustees should resign

Visit the program web sites for more information about air times. There, you can also stream live or listen to past programs!

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Just when you think things couldn’t possible get any worse for Penn State they do. The latest repercussion from the Jerry Sandusky scandal to hit the university is a warning from the Middle States Commission on Higher Education that the institution’s academic accreditation is at risk. Loss of that accreditation, which would make Penn State students ineligible for federal aid, would be devastating.

The commission has been quite clear that its review of Penn State has nothing to do with academics and everything to do about how the university has handled the Sandusky matter. The Harrisburg Patriot-News quotes Penn State’s vice provost for academic affairs as confirming the commission is “focusing on governance, integrity and financial issues related to information in the Freeh report and other items related to our current situation.” In other words, the commission is not convinced Penn State has in fact cleaned up its act and has made the governance, administrative and cultural changes necessary to prevent problems from arising in the future.

And they have reason to worry. The fact is Penn State has focused more on finding scapegoats than on making needed reforms. Gimmicks such as the removal of Joe Paterno’s statue were designed for symbolic purposes to give the illusion of change. But problems at the formerly Happy Valley run far deeper than the institution’s failure to properly deal with Jerry Sandusky. Penn State has a deeply ingrained cultural governance problem that has not been resolved. That problem is the Penn State University Board of Trustees and its failure to adequately engage in governing the institution. All too much power has been delegated by the board to the university president, making the trustees themselves complicit in creating the culture that allowed the Sandusky saga to occur.

Inexplicably, although the PSU board knew about the grand jury investigation into Sandusky’s behavior months before indictments were handed down, adequate steps were not taken internally to deal with the issue. Worse, when the lion crap hit the fan, the board and administration were caught completely off-guard and without a plan in place. The board made sure others paid the price, firing former President Graham Spanier and football coach Joe Paterno. But somehow they felt the buck stopped there.

But the ultimate authority is the board of trustees and that is where the buck truly stops. And events of recent days have shown the culture has not changed. When the National Collegiate Athletic Association (NCAA) hit Penn State with draconian sanctions the decision to accept the punishment was made not by the board, but by President Rodney Erickson. When some board members suggested it should be a board decision, the majority ducked the issue and like sheeple allowed the decision to stand.

In the process the board of trustees has created an entire new class of victims. By their default agreement to the NCAA sanctions the trustees have deprived student athletes of future scholarships, and have ensured that young men who had nothing whatsoever to do with the Sandusky scandal will be penalized by not having the opportunity to showcase their talents in major bowl games. In short, not only did the board fail Jerry Sandusky’s victims by their detached approach to governance, they are failing current and future students as well.

Both the NCAA and the Middle States Commission on Higher Education have Penn State under the microscope because they clearly see the university’s system of governance is broken. Worse, its handling of the sanctions issue shows that structural change has not, is not, and likely will not occur.

Only one course of action remains to restore credibility to Penn State University. That is for all members of the board of trustees, except for those elected this past summer and those serving by statute, to resign. The board held Graham Spanier and Joe Paterno responsible, now they must understand that they too bear responsibility for the culture that allowed Sandusky to ply his evil trade and for the good of the institution also need to go.

The fact of the matter is the buck does stop with them. The selection of a new president from within the walls of fortress Penn State, the continued delegation of major decisions to that president, and the alarm bells being sounded by outside organizations are proof positive that this board of trustees is incapable of reforming itself.

The time has come for the last shoe in this sordid saga to drop. A new board of trustees is necessary for Penn State to regain its credibility, its reputation, and to once again take its place among the ranks of America’s great educational institutions.

(Lowman S. Henry is Chairman & CEO of the Lincoln Institute and host of the weekly Lincoln Radio Journal. His e-mail address is

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