Thursday, April 29, 2004

Prospect of law school relocation stirs debate


Centre Daily Times
(c) Copyright 2004, Centre Daily Times. All Rights Reserved.

Thursday, April 29, 2004


Prospect of law school relocation stirs debate

By Martha Raffaele
The Associated Press

CARLISLE When Joe Heaton was considering where to study law, he wrestled with two options: the University of Cincinnati's law school in his native Ohio, and The Dickinson School of Law in Pennsylvania.

Dickinson won out, thanks to its affiliation with Penn State, which Heaton thought would lend prestige to his diploma. But Heaton he was surprised to discover Dickinson wasn't on Penn State's University Park campus in State College, but in a residential neighborhood in Carlisle, about 90 miles away.

"I got here and I thought, 'Where's the stadium? This is really small for a Big Ten school,"' Heaton said Wednesday while taking a break from classes in the school's cafeteria.

Heaton, who will graduate in May, is nonetheless pleased with his education. Still, he wonders whether it could have been better in a state-of-the-art facility at University Park.

"The quality of the education I've gotten is just superior ... but at the same time, being in this building, I feel like it's holding us back from where we could be," he said.

That same question is on the minds of Dickinson officials, who are considering whether to move the 170-year-old law school -- the oldest in Pennsylvania -- from its lifelong home to State College in an effort to boost its stature.

Since November, when a confidential memo from law school Dean Philip J. McConnaughay recommending the move to Dickinson's governing board was leaked to a local newspaper, community leaders, state legislators and even Gov. Ed Rendell have rallied against the idea, saying it could hurt the local economy.

"Because of the length of time the law school has been here, I think that people in the community almost felt like we were being robbed," said Michelle Hornick, president of the Greater Carlisle Area Chamber of Commerce.

McConnaughay said he considered renovating the school's aging buildings in Carlisle, where classroom, office and library space are inadequate and "multiple millions of dollars" worth of maintenance has been put off.

But he ultimately recommended the move, partly because of an analysis of college rankings compiled annually by U.S. News & World Report. He noted a strong correlation between a law school's ranking and its proximity to the main campus of the university to which it belongs.

The survey classifies Dickinson as a "third tier" school. Among Big Ten schools, Penn State is the only one with a law school on a distant campus.

"My intuitive sense was ... schools that were deeply integrated programmatically with a flagship campus of a major research university tended to fare better in terms of their academic reputation ... than did law schools that were not," McConnaughay said.

The law school was founded in 1834 as a department of Dickinson College, a private, liberal arts college in Carlisle. Its graduates include U.S. Homeland Security Secretary Tom Ridge, a former governor.

It became independent in 1890 and remained so until 2000, when it merged with Penn State.

Penn State spokesman Bill Mahon said the relocation was not envisioned at the time of the merger, although the merger agreement authorized Dickinson's board to make such a move at any time.
Even so, some state legislators say school officials made assurances that the law school would remain in Carlisle forever, and they have introduced various measures intended to block any move.

Rep. William Gabig, R-Cumberland, is sponsoring a bill to expressly prohibit Penn State from relocating the law school.

"They are a state-chartered institution ... that gets hundreds of millions of dollars from Pennsylvania taxpayers," Gabig said. "There is nothing in their charter that says they have the power to shut down a law school and start a new one."

Michigan State University experienced similar turmoil when it moved its law school, the former Detroit College of Law, from downtown Detroit to the university's main campus in East Lansing, also about 90 miles away. The move was completed in 1997, two years after the law school became affiliated with the university.

"There were alumni who felt we were leaving them behind and perhaps leaving behind some of our mission," said law school dean Terence Blackburn at Michigan State. "The old school was in some respects what I would have called a school of opportunity. It took a lot of people who didn't have the time to spend in full-time study, people who worked during the academic year."

But Michigan State has reaped several benefits as a result of the move, such as being able to offer a wide array of dual-degree programs, Blackburn added.

Dickinson's board had suspended its recent meetings because of a pending lawsuit in Commonwealth Court in which two newspapers were seeking access to the meetings. The court ruled Friday that the law school board can legally meet in private.

Board Chairman LeRoy S. Zimmerman, however, said the board is scheduled to meet Friday and Saturday in State College, and the media will be allowed to attend the meeting Saturday, when the board is scheduled to discuss possible law school campus sites.

The board is not expected to make any decision at that meeting Zimmerman said. J. Rodman Steele Jr., the board's vice chairman, said it will take time to arrive at a solution.

"I think that one of the questions that has to be answered is, why have many of our prospective students in the last 10 to 15 years chosen to go to other places over Dickinson, and does that relate to the law school itself, or does it relate to the location?" Steele said.

Sunday, April 25, 2004

SHOULD DICKINSON LAW MOVE TO PSU CAMPUS?


Pittsburgh Post-Gazette
Copyright (c) 2004 Bell & Howell Information and Learning Company. All rights reserved.

Sunday, April 25, 2004


SHOULD DICKINSON LAW MOVE TO PSU CAMPUS?

MARTHA RAFFAELE, THE ASSOCIATED PRESS

CARLISLE, Pa. When Joe Heaton was considering where to study law, he wrestled with two options: the University of Cincinnati's law school in his native Ohio, and The Dickinson School of Law in Pennsylvania.

Dickinson won, thanks to its affiliation with Penn State University, which Heaton thought would lend prestige to his diploma. But Heaton was surprised to discover Dickinson wasn't on Penn State's University Park campus in State College, but in a residential neighborhood in Carlisle, about 90 miles away.

"I got here and I thought, 'Where's the stadium? This is really small for a Big Ten school,"' Heaton said Wednesday while taking a break from classes.

Heaton, who will graduate in May, is nonetheless pleased with his education. Still, he wonders whether it could have been better in a state-of-the-art facility at University Park.

That same question is on the minds of Dickinson officials, who are considering whether to move the 170-year-old law school, the oldest in Pennsylvania, from its lifelong home to State College in an effort to boost its stature.

Since November, when a confidential memo from law school Dean Philip J. McConnaughay recommending the move to Dickinson's governing board was leaked to a local newspaper, local leaders, state legislators and even Gov. Ed Rendell have rallied against the idea, saying it could hurt the local economy.

"Because of the length of time the law school has been here, I think that people in the community almost felt like we were being robbed," said Michelle Hornick, president of the Greater Carlisle Area Chamber of Commerce.

McConnaughay said he considered renovating the school's aging buildings in Carlisle, where classroom, office and library space are inadequate and "multiple millions of dollars" of maintenance has been put off.

But he ultimately recommended the move, partly because of an analysis of college rankings compiled annually by U.S. News & World Report. He noted a strong correlation between a law school's ranking and its proximity to the main campus of the university to which it belongs.

The survey classifies Dickinson as a "third tier" school. Among Big Ten schools, Penn State is the only one with a law school on a distant campus.

The law school was founded in 1834 as a department of Dickinson College, a private, liberal arts college in Carlisle. Its graduates include U.S. Homeland Security Secretary Tom Ridge.

It became independent in 1890 and remained so until 2000, when it merged with Penn State.

Penn State spokesman Bill Mahon said the relocation was not envisioned at the time of the merger, although the merger agreement authorized Dickinson's board to make such a move at any time.

Even so, some state legislators say school officials made assurances that the law school would remain in Carlisle forever, and they have introduced various measures to block any move.

Dickinson's board has suspended its recent meeting because of a pending lawsuit filed by two newspapers that are seeking access to the meetings. And once the meetings resume, it will still take time to arrive at a solution, said J. Rodman Steele Jr., the board's vice chairman.

"I think that one of the questions that has to be answered is, why have many of our prospective students in the last 10 to 15 years chosen to go to other places over Dickinson, and does that relate to the law school itself, or does it relate to the location?" Steele said.

Saturday, April 24, 2004

Closed talks on law school OK'd


Patriot-News
Copyright (c) 2004 Bell & Howell Information and Learning Company. All rights reserved.

Saturday, April 24, 2004


Closed talks on law school OK'd ; Dickinson board may weigh PSU offer

ELIZABETH GIBSON
Of Our Carlisle Bureau

The Commonwealth Court yesterday ruled that The Dickinson School of Law's board of governors may keep its meetings closed to the public -- including talks on possibly moving the school out of Carlisle. The judges' 3-2 vote reverses a February order by Cumberland County Judge Edward E. Guido, which forbade the board from meeting behind closed doors.

The Patriot-News and The Sentinel of Carlisle had argued that the board of governors is a public entity because it is a committee of its parent institution, Penn State, and should be held to the state's open meetings law.

"We intend to appeal the [Commonwealth] decision," Patriot-News Executive Editor David Newhouse said.

"As a part of Penn State University, the law school's future is the public's business. As an important part of the Carlisle community, it is of vital importance to our readers," he said.

Commonwealth Judge Renee Cohen, in writing the court's opinion, said the board operates under a nonprofit association, separate and independent of Penn State, and is, therefore, not subject to the state Sunshine Act.

The board of governors "has no obligation to act in the best interests of PSU, but rather to act in the best interests of the association and the interests of the alumni of the former Dickinson School of Law that it represents," Cohen wrote.

She noted that the merger agreement between Dickinson and Penn State states that the law school cannot be relocated without the board's approval.

Board member G. Thomas Miller favors opening board talks on the topic.

"The public in general and [Carlisle leaders] in particular are so seriously interested in the matter and [have] support of many to keep the school in Carlisle," he said.

But private board meetings already are set for April 30 and May 1 in State College.

And it is expected that the board will weigh a Penn State offer to build a $60 million facility for Dickinson on its main campus at University Park.

"My understanding is that there would not be a vote next weekend on moving the school," said board member Hubert X. Gilroy of Carlisle. He said board committees, which studied options for replacing the school's aging facilities, will share their findings, and the board may decide more study is needed.

Board Chairman LeRoy S. Zimmerman yesterday said the board will keep the community abreast of its discussions. He said the media are invited to an information meeting at the board's May 1 session.

Some board members reportedly have recently discussed a move with Penn State President Graham Spanier, and several board members met this week with law school faculty.

A new home for the school was outlined in a November proposal that law school Dean Philip McConnaughay made to the board.

Leaders in Carlisle and the midstate community immediately protested, and state lawmakers have stepped in to try to prevent Penn State from receiving its full state subsidy unless it promises to keep Dickinson in Carlisle.

Business leaders who fear the loss of an estimated 227 jobs and $20 million in net community spending if the law school leaves have offered to help with relocation and financing if the school stays in or near Carlisle.

McConnaughay has said Dickinson risks a continued slide in national rankings unless it improves its physical setting and opportunities for law students.

But the board, composed of Dickinson alumni who work nationwide in firms and state and federal government posts -- including national Homeland Security Director Tom Ridge -- has the final say.

Friday, April 23, 2004

Court panel says PSU law school board can close meetings


Centre Daily Times
(c) Copyright 2004, Centre Daily Times. All Rights Reserved.

Friday, April 23, 2004


Court panel says PSU law school board can close meetings

By Martha Raffaele
The Associated Press

HARRISBURG The governing board of Penn State's law school can legally meet in private to discuss proposals to move the school, a panel of state appellate judges said today in a 3-2 ruling.

The board's chairman said he would make an exception to the tradition of private meetings, however, by allowing the media to attend one day of its next two-day meeting scheduled at Penn State's University Park campus.

The Commonwealth Court panel's ruling overturned a preliminary injunction issued in February by a Cumberland County judge that barred the Dickinson School of Law board from holding closed meetings.

The Patriot-News of Harrisburg and The Sentinel of Carlisle went to court in November to try to force open an "informational meeting" about the school's facilities and location.

The board is considering a recommendation by the law school's dean to move the 170-year-old school -- the state's oldest law school -- from Carlisle to Penn State's main campus within the next few years. The dean has cited a need for the school to upgrade its facilities and a need to improve its reputation.

In the majority opinion, Judge Renee L. Cohn agreed with the board's contention that it should be exempt from the open-meetings law because it is an independent, private entity and not a "committee" of Penn State.

"Because the (board) has a separate legal identity, and has the authority to sue PSU, it does not come within the meaning of a 'committee of' PSU," Cohn wrote.

Judges Doris A. Smith-Ribner and James Gardner Colins disagreed, saying that under an agreement that merged the law school with Penn State in 2000, the board of governors has the authority to advise the university's board of trustees on law school matters.

"There is no question that meetings at which the board takes official action or renders advice on agency business should be open to the public subject to any limitations imposed under the Sunshine Act," Smith-Ribner wrote in the dissenting opinion.

Patriot-News attorney Craig Staudenmaier said he was disappointed by the ruling but added he would have to review it with the newspaper before deciding whether to appeal to the state Supreme Court.

"When you look at the manner in which the board was formed and its functions, it is in essence a de-facto committee of Penn State, and its meetings should be just as open to the public," Staudenmaier said.

Sentinel attorney Niles Benn did not return a telephone call seeking comment.

Dickinson's board had suspended its meetings in recent months pending the Commonwealth Court panel's ruling. Its next meetings are scheduled for April 30 and May 1 in State College, and media will be allowed to attend on May 1, when Penn State officials are scheduled to discuss possible law school campus sites, said board Chairman LeRoy S. Zimmerman.
The board is not expected to decide on whether to move the law school at that meeting, Zimmerman said.

"The board has to make its decision, and it will be made in a timely fashion, but only after the board has examined the facts and all of the options," he said.

Wednesday, April 14, 2004

Merger pact allows law school move, Spanier says


Patriot-News
Copyright (c) 2004 Bell & Howell Information and Learning Company. All rights reserved.

Wednesday, April 14, 2004


Merger pact allows law school move, Spanier says

ELIZABETH GIBSON
Of Our Carlisle Bureau

Last fall, state lawmakers wrote to Penn State University President Graham Spanier asking him to publicly state his support for keeping The Dickinson School of Law in Carlisle instead of moving it to University Park. They finally got a response.

But legislators yesterday said the April 9 missive fails to respond to their request and appears to be timed to protect funding for Penn State as state budget talks get under way.

Spanier sent the letter to 45 House and Senate members, saying he aimed to clarify a proposal to move Dickinson.

"Unfortunately, some misinformation has accompanied the public discussion of this issue, presumably because of the understandable anxiety associated with the possible relocation of [Dickinson]," Spanier wrote.

Talk of moving Dickinson began in November. School officials said the Carlisle facility was outdated and that moving to Penn State's main campus would improve the school's profile.

Lawmakers, including Gov. Ed Rendell, and community and business leaders have opposed a move.

Rep. Will Gabig, R-Carlisle, introduced a bill last month that would make a move illegal.

In yesterday's budget talks, Rep. John Maher, R-Allegheny, introduced an amendment that would make $2 million in proposed funding for Penn State contingent on Dickinson staying in Carlisle.

In his letter, Spanier wrote that some lawmakers have been mistakenly told that an agreement between the law school and Penn State at the time of the 1997 merger prohibited a relocation. He wrote that a move can occur with the consent of the law school's board of governors.

"Sadly, the president has resorted to word games," said Maher, whose father was a Dickinson dean and whose mother is a member of the board of governors.

He and other lawmakers said that law school and Penn State officials promised in 1997 that Dickinson would remain in Carlisle.

The governors board has suspended discussion of the issue until Commonwealth Court decides whether board talks must be open to the public. The Patriot-News and The Sentinel of Carlisle have argued the meetings should be open.

Spanier also wrote that, while Penn State will try to address the interests of the law school and the community, its primary clients are the students.

"The university doesn't have clients. It has a state charter. It has impacts, social and economic," Gabig said. "It's the duty of the elected officials ... to ensure that they're not doing damage to the social and economic standing of the community."

Sunday, April 11, 2004

Penn State drops ball on obligation to Carlisle


Patriot-News
Copyright (c) 2004 Bell & Howell Information and Learning Company. All rights reserved.

Sunday, April 11, 2004

Review & Opinion

Penn State drops ball on obligation to Carlisle ; School forgets role as "people's university"

CHRISTOPHER HOUSTON

Late last month, Penn State celebrated its 150th anniversary as Pennsylvania's only land-grant university. With great fanfare, the Pennsylvania Senate and House of Representatives each passed resolutions commending Penn State "for 150 years of service to the citizens of this commonwealth." President Graham Spanier referred to Penn State as "the people's university," and trustee James S. Broadhurst assured those gathered in the Capitol Rotunda that " "Penn State: making life better" is more than just a slogan."

To a lifelong resident of Carlisle and a graduate of the Dickinson School of Law, the insincerity and irony of these words are painfully acute. While Penn State touts its statewide reach through 24 branch campuses, its contributions to Pennsylvania's quality of life and its economic impact as the largest non-governmental employer in the state, it continues to plot to relocate the Dickinson School of Law from Carlisle to State College.

In its quest to demonstrate its might, Penn State has, in fact, forgotten that the excellence of the whole is dependent upon the strength of its parts.

Penn State's reach extends to Carlisle because of the Dickinson School of Law, with which it merged in 1997. The law school not only greatly enhances the quality of life in the community, but it is also a major regional employer with an annual economic impact of $20 million. As such, the citizens of Carlisle have become dependent on Penn State to ?make life better,?? just as do the citizens who live in the communities where Penn State's other 23 campuses are located.

I am the director of real estate development for the Cumberland County Redevelopment Authority and am in the business of trying to ?make life better?? for the citizens of our county, including Carlisle. I am well aware of the ripple effect that a major employer has upon a community and the devastating economic impact that results from its departure.

Five months ago, Phil McConnaughay, dean of the law school, presented to its Board of Governors a recommendation to move the school to State College. The lengthy memorandum was well-researched from a single point of view -- and it was intended to be confidential. And herein lies the problem.

Setting aside the issue of whether the meetings of the Board of Governors should be conducted in public, Penn State, at the least, has an obligation to responsibly inform and involve those citizens whose welfare will be directly affected by its actions. Neither Dean McConnaughay nor the Penn State administration consulted with the elected and civic leaders of Carlisle before distributing the now infamous memo. If that isn't bad enough, they haven't even bothered to consult with the community since the proposal became public.

For the last five months, I have sat on a task force composed of elected and civic leaders and convened by the Greater Carlisle Area Chamber of Commerce. We have met weekly and have repeatedly extended our offer of the community's services and resources to allow for an honest and open exploration of ways to keep the law school in Carlisle.

We met with the dean and board chairman LeRoy Zimmerman -- once - - at our request. We met -- once -- with the chairs of two of the four ad hoc committees formed by the Board of Governors to look at alternative sites for the school. But then the board and its committees stopped meeting.

In other words, a genuine discussion that involves all stakeholders and thoroughly ex- plores all options to keep the Dickinson School of Law in the community in which it has existed for more than 170 years has yet to take place.

WHAT, I FIND MYSELF ASKING, goes on in the communities in which Penn State's 23 other campuses are found? Are secretive plans afoot there as well to siphon off jobs, income and opportunity? Will these communities face the prospect that confronts Carlisle -- an abandoned building in the heart of town, the loss of a sizable and well-educated work force and the demise of an historic institution? As a Dickinson School of Law alumnus, I want to see the excellence of my alma mater enhanced. But as a resident of Carlisle, I also want to protect the health of my community.

When I first learned of it, I must admit that I was hopeful that the merger with Penn State would strengthen the academic credentials of my alma mater, but concerned that the law school would possibly be moved elsewhere.

When the merger was finally announced, I was comforted with the fact that Penn State had agreed at that time to keep the law school in Carlisle forever. This in my mind showed that Penn State was committed to our community. In seven short years, Penn State has forgotten about its commitment.

As the state's largest public university and the recipient of more than $300 million annually in state funding, Penn State's mission is, in its own definition, to ?make life better?? for the people of Pennsylvania. I hope that the public and the members of the General Assembly will hold the university to its promise.

CHRISTOPHER C. HOUSTON is deputy director of the Cumberland County Redevelopment Authority.