The Digital Collegian - Published independently by students at Penn State
NEWS
[ Monday, Feb. 21, 2005 ]

Dickinson lawsuit remains undecided
Despite a full day of testimony, no conclusion was reached on the legality of having two campuses.

Collegian Staff Writers

CARLISLE -- A Cumberland County Judge has yet to decide whether the dual-campus agreement between Dickinson School of Law and Penn State violates the original agreement made when the two schools merged in 1997.

Three members of the law school's Board of Governors -- G. Thomas Miller, Leslie Anne Miller and Tom Monteverde -- filed a lawsuit Feb. 3 to block the dual-campus plan and the construction of a campus at University Park.

The lawsuit alleges that the dual-campus plan violates the original 1997 merger agreement, which required the university to keep the law school in Carlisle permanently.

The new plan calls for the construction of a second campus at University Park and guarantees the Carlisle campus will stay open for at least 10 years. After 2015, Penn State would determine the future of the Carlisle campus.

Cumberland County Judge Edward Guido ended testimony at about 5:30 p.m. Friday, after five-and-a-half hours of testimony from G. Thomas Miller.

Leslie Ann Miller, Monteverde and board Chairman H. Laddie Montague are expected to appear at a hearing at 8:30 a.m. March 4 in Carlisle.

During his testimony, G. Thomas Miller said the Board of Governors' Jan. 15 decision to tentatively approve the dual-campus plan was a result of pressure from the university.

"The Board of Governors was intimidated and coerced by Penn State's size, clout and a fear of losing affiliation with Penn State," G. Thomas Miller said.

Penn State spokesman Bill Mahon denied G. Thomas Miller's allegations of intimidation, calling them "ludicrous."

"Penn State did not engage in any mind control with the Board of Governors," Mahon said. "They are all very bright and capable of making their own decisions in the matter."

Penn State attorney James Horne said the university's willingness to work with the board was shown in June, when the university withdrew its original plan to move the law school entirely to University Park.

G. Thomas Miller said he is upset about the document because it leaves open the possibility that the Carlisle campus would be closed in the future, and because it would dissolve the Board of Governors Aug. 1 in favor of a Board of Directors that would include Penn State President Graham Spanier.

G. Thomas Miller called Penn State a "world-class research university" and said a University Park campus would boost the university's reputation, not Dickinson's.

He said the relationship between Dickinson and Penn State in the past year has caused "a great deal of anxiety" for himself and other board members, who worried their tenure on the board may end with the adoption of the new plan.

"By approving the plan outlined in the memorandum of understanding, we are basically agreeing to put ourselves out to pasture," he said. "We will go from 34 members to seven."

Guido asked G. Thomas Miller why he wanted a hearing before Saturday's board meeting, where a final vote on the matter will take place.

"The Board of Governors could choose to not approve this agreement by themselves," Guido said. "They don't need me to get involved just yet."

G. Thomas Miller said the hearing needed to happen before the meeting because the agreement, which received a 17-14 majority vote in January, will likely be adopted Saturday.

The final agreement will likely include an addition to the original memorandum outlining the guarantee of $25 million in state funds for the law school project.

Those funds will be disbursed through the Cumberland County Redevelopment Authority, said Charles W. Rubendall II, the attorney for the three board members who filed the suit.

 



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