Friday, July 11

Motion by Al Lord to Complete the Freeh Investigation

Al Lord:
Mr. Chairman, I have one other matter. The trustee [it was Lubrano] is handing out a proposed resolution. We have enough copies for the board. Not enough for everybody in this larger room. I inform the board this morning I would propose this resolution. I will read it quickly. 

Proposed resolution, re the July 12, 2012 report of the special investigative council issued by Freeh Sporkin & Sullivan LLP. Whereas certain conclusions of the Freeh Report have damaged the reputations of Penn State, certain of its former officials and its Board of Trustees, whereas the Freeh report is acknowledged by the NCAA to have formed part of the basis for the Consent Decree the NCAA imposed on Penn State, whereas certain conclusions of the NCAA investigation have caused financial and reputational damage to Penn State, certain of its former officials and to its Board of Trustees, whereas the Board of Trustees accepted the Freeh Report and the conclusion stated therein, on the basis that the Freeh Report was accurate, complete and the product of a comprehensive investigation, whereas the Board of Trustees accepted the NCAA investigative findings on the same basis, whereas the Board of Trustees believed the NCAA adhered to its own charter and bylaws, and was authorized by those documents to impose each of the various punishments in the Consent Decree and on that basis the Board of Trustees endorsed the Consent Decree. 

Whereas, in the nearly two years since the Freeh Report was issued, credible criticisms of the Freeh Report have emerged, whereas in the nearly two years since the NCAA Consent Decree was imposed credible criticisms of the process by which the NCAA adopted the investigative findings in the Freeh Report, credible criticisms of the manner in which the NCAA adhered to its own charter, and bylaws in imposing punishments on Penn State have emerged, whereas the Board of Trustees have come to question the accuracy and completeness of the Freeh Report, and has come to believe that it may not be conclusive in all material respects, and whereas the board believes it is imperative to fully investigate all matters not fully addressed by the Freeh investigative team, that is the end of the whereases. 

Therefore, be it resolved that the Board of Trustees shall immediately undertake to identify those matters not fully investigated by Freeh and complete the investigation of such matters. That is the end of the resolution. I'd like a second if I may.

>> Second. [could not tell who seconded the motion]

Al Lord:
Thank you. Typically, and I don't know how that, what the protocol is, typically we would discuss this resolution. In essence this resolution basically says to the Board of Trustees that to finish the investigation started, but not completed by Mr. Freeh, General Counsel Dunham has asked me to suspend discussion of this matter at the moment because he believes that discussion of the matter in the resolution will in fact require that we move to executive session, because of a variety of privilege issues all of which you all have heard about I suppose before.

I agreed with our general counsel to suspend discussion. I don't know when we will have discussion, but I am prepared to suspend the vote on this matter, until the September public meeting, where I will ask for a roll call vote on this resolution. I think that is all that I have.

Thank you.

Chair Masser:
Mr. Dunham do you have anything else to report?

Gen. Counsel Dunham:
No, I think that confirms the conversation I had with trustee Lord which is that the resolution overlaps in significant part with multiple legal proceedings, and multiple legal issues facing the university and discussion would require privileged discussion that the privilege is in the best interests of the university, and serves the public interests, and to protect and promote it, it would be best to defer discussion until later and if we assume trustee Lord's motion carries with it a suggestion that there not be a vote today but only after a discussion in the futures, I don't think there needs to be any other action by this board other than to wait for later time to discuss it.

Transcript Provided by Tom McAndrew