Commonwealth University's Council of Trustees has expressed its "unwavering support" of university President Bashar Hanna in the wake of a recent federal jury verdict in a whistleblower case.
Former Bloomsburg University dean Jeffrey Krug on Aug. 20 won a $3.9 million federal jury verdict over claims he faced retaliation and was fired for helping an administrative assistant file a sexual harassment report against Hanna in 2017.
Bloomsburg, Lock Haven and Mansfield universities merged on July 1, 2022 to become Commonwealth University of Pennsylvania, with Hanna as its president.
"We believe that Bashar should continue to serve as our president and that his continued service is in the best interest of our students, our university and the State System as well," Council of Trustees Chair John E. Wetzel wrote in an undated letter on behalf of the council that was emailed to the Pennsylvania State System of Higher Education and Chancellor Daniel Greenstein. (See letter at the end of this story.)
"We are disappointed in the jury's decision in the recent wrongful termination suit against Commonwealth University, President Hanna and the State System," Wetzel's letter added. "We would encourage the State System and the Attorney General's office to appeal swiftly after post trial motions are exhausted."
State System spokesman Kevin Hensil on Thursday confirmed that a copy of the letter received by WVIA matched one his agency received.
“We do not discuss litigation,” Hensil said when asked about a possible appeal.
Commonwealth University spokeswoman Nikki Keller said the Council of Trustees met in executive session to discuss personnel matters on Aug. 26.
No university staff were present, she added, and the executive session will be noted on the agenda of their next regularly scheduled public meeting on Oct. 11, as required by the Pennsylvania Sunshine Act.
"We have nothing to add to the Council of Trustees' letter," Keller said.
Krug, former dean of the Zeigler College of Business and a tenured faculty member, was improperly terminated in 2018, according to his suit.
Krug sued Bloomsburg University, Hanna, university Senior Vice President for Academic Affairs James Krause and the Pennsylvania State System of Higher Education.
Krug claimed he was subjected to false rumors of infidelity, a retaliatory investigation, denials of business travel and expense reimbursement and, ultimately, termination.
The state Attorney General's Office represented the university and the other defendants. The office countered in legal filings that Krug was fired for failing to follow "university policies and applicable law and not as a pretext for engaging in protected activity."
Wetzel's letter stated that Hanna was previously cleared by an internal investigation.
"The former Bloomsburg Council of Trustees, in conjunction with the State System, investigated the claims against Dr. Hanna and found them to not rise to the level of a terminable offense seven years ago," Wetzel wrote.
"Not a single unknown fact having to do with either President Hanna's conduct regarding the incident or the handling of the former employee's termination became known at this trial. Therefore, his status as our president should not change," Wetzel added.
"The unfavorable decision by the jury — which centered upon conduct by the State System, and not Dr. Hanna — should not overshadow the job President Hanna has done."
The federal jury in Harrisburg sided unambiguously with Krug against all defendants following a trial before U.S. District Judge Jennifer Wilson.
Jurors found Bloomsburg University, the State System, Hanna and Krause all guilty of retaliating against Krug in violation of Title IX, the Pennsylvania Human Relations Act and the Pennsylvania Whistleblower Law.
Title IX is a 1972 law that "protects people from discrimination based on sex in education programs or activities that receive federal financial assistance."
Krug's attorney, Barry Dyller of Wilkes-Barre, said Thursday that the "the jury's verdict stands for itself."
"The letter does not even address the issues that were before the jury," Dyller added.
"We do not understand what the Council of Trustees are thinking. But retaining Hanna is their choice. But they cannot help being accountable for his conduct, and that of former provost Krause, PASSHE, and the university," Dyller said.
Wetzel in his letter was emphatic that Hanna should stay.
"He has consistently stepped up as a strong leader for Bloomsburg and Commonwealth Universities, responding effectively in every instance of adversity this university has faced," Wetzel wrote. "We believe that we are building the foundation of a successful university on all three campuses, and we also believe that his leadership is critical to continuing this progress."
