Selling Dickinson down the river

Lancaster New Era/Intelligencer Journal/Sunday News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Tuesday, January 25, 2005
EDITORIAL
LETTERS
Selling Dickinson down the river
TO THE EDITOR: Shame on Dickinson law school's board chairman Laddie Montague, Leroy Zimmerman, Justice Michael Eakin, Dale Shughart Jr., Lewis Katz and Ed Klett. These are Montague's hand-picked pro-Penn State board members who negotiated and engineered the final takeover of Dickinson School of Law by Penn State's Graham Spanier/ McConnaughay.

The committee consisted of six white males, four of whom have strong Republican political connections. There were no minority, women or opposition members, nor were the Alumni Association's elected board members represented. Montague arrogantly ignored diversity although cautioned otherwise.

The Zimmerman/Montague team entered negotiations with Penn State with the original $10 million pledge from Spanier for Dickinson improvements. After two months of secret meetings, they emerged with the same paltry sum but now tightly bound with new encumbrances and outrageous Penn State demands. Chief among them is the dissolution of both the original merger agreement and the law school's board of governors. The latter 33-member body will be replaced by a seven- member board of directors to be appointed by Montague and Spanier. Guess who will be rewarded?

Spanier will be given "unfettered" control over Dickinson Law School including the right to liquidate it within a 10-year period and walk away with the assets, endowment and accreditation. Their proposal envisions a preposterous five-month capital campaign (ending in August 2005), a controlled or capitulated redevelopment authority and an accommodating Gov. Rendell in their quest for an additional $30 million to $40 million.

If that weren't insulting enough, the memorandum of understanding also mandates that any litigation will be tried in Dauphin County Court instead of Cumberland County Court where the school is located. What does that tell us about the committee's perception of the judges who sit in Zimmerman's county? Furthermore, hasn't Supreme Court Justice J. Michael Eakin's presence on the committee and his strong support for the proposal prejudiced any potential litigation &tstr; by inference if not by law?

This committee of so-called "world class" lawyers did not negotiate in the best interests of the law school, its students and the community. They acted as real estate brokers for Spanier's land development, empire-building scheme.

Although some board members begged for additional time and requested further information relative to the issue, Montague and his committee railroaded the memorandum of "mis"understanding to a 17-14 vote. The votes of emeriti board members Robert Frey and Thomas Monteverdi as well as those of 6 designated board members from the Alumni Association were voided by Montague and his counsel Jack Stover.

In retrospect the previous proposals which Spanier presented to the law school's board over the past 14 months were part of a deviously crafted scheme. Although then-chairman Leroy Zimmerman hailed each as a win-win solution, they were, in reality, designed to gradually weaken the school while confusing and dividing the board.

I don't know which was worse in this frightening and outrageous coup: Penn State's abandonment of every principle of integrity, trust and honesty, or the arrogant dereliction of duty and contempt exhibited by Dickinson School of Law governors who sold the school down the river.
Anne G. Miller, Dillsburg

Carlisle campus to be renovated; second site to be at University Park

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Saturday, January 22, 2005

Dickinson plan gets approval; Carlisle campus to be renovated; second site to be at University Park
adanahy@centredaily.com
By Anne Danahy UNIVERSITY PARK -- State College could have its own law school campus in the not-too-distant future.

Penn State's board of trustees approved an agreement Friday with The Dickinson School of Law that calls for up to $40 million in renovations to the law school's Carlisle campus and construction of a second campus at University Park.

Penn State President Graham Spanier said his administration could return to the board as early as September to appoint an architect to work on renovating the Carlisle campus. Renovations there could be finished in as few as four years.

Spanier said plans for the University Park campus could take place at the same time or start soon after the work in Carlisle begins.

"We are very excited about the prospects that lie ahead for us to have one of the most outstanding law schools in the country," he said.

The law school's board of governors voted 17-14 Jan. 15 to approve the memorandum of understanding that laid out the terms of the dual-campus plan.

The university committed to providing $10 million for renovations to the Carlisle campus and plans to work with the law school to raise another $10 million.

Gov. Ed Rendell has said the state will provide as much as $25 million for the project if the university is committed to maintaining a campus in Carlisle.

That state money will match other funding sources. So if Penn State funding and gifts total $20 million, the state would chip in $20 million.

The state money will be administered by the Cumberland County Redevelopment Authority. Spanier announced that the authority voted 5-0 to approve an agreement with the university Friday afternoon on how that money would be administered.

"Finally the stars have been aligned here," Spanier said.

The redevelopment authority placed a condition on going forward with the plan: that Penn State agree to keep the law school in Carlisle for as long as Gov. Ed Rendell wants.

Rendell this week said he wants Penn State to keep the law school in Carlisle longer than 10 years, though he didn't specify how many.

Under the conditions laid out by the Cumberland County officials, if Penn State closes the 638-student Carlisle campus or sells it to an entity other than an institution of higher education -- even after meeting Rendell's minimum time requirement -- the sale proceeds would go to the law school endowment.

The possibility of a two-campus law school has been a source of turmoil for more than a year. Opponents were concerned that Penn State would eventually close the Carlisle campus or that the campus would become a satellite school. Proponents have said a University Park campus will bolster the law school's reputation by attracting top faculty and students and allowing students to work with faculty from other colleges in specialized areas of law.

Spanier said the agreement with the Cumberland County Redevelopment Authority should provide assurance to people in Carlisle that Penn State doesn't plan to desert that campus.
One of the controversial parts of the memorandum of understanding approved by the board of governors and the trustees has been a section that guarantees the law school will maintain a campus in Carlisle until at least 2015. Some Carlisle residents and members of the board of governors wanted that language changed or removed.

Spanier said the university's agreement with the redevelopment authority says that if Penn State were to leave Carlisle and sell the building for a noneducational use, Penn State will have to pay back the expected $20 million in state funds. The redevelopment authority could use the money on any project that would minimize the economic impact of the loss, said Christopher Houston, authority real estate development director.

"I think this is something we can live with," said Bruce Barclay, chairman of the Cumberland County Board of Commissioners. "We have reassurances from Penn State that it will keep (the Carlisle campus) or write a check."

"We expect to be in Carlisle for the long term," Spanier said. "This is not a short-term proposition for us."

Spanier also said the university has received its first seven-figure commitment toward the $10 million it wants to raise.

Penn State and The Dickinson School of Law became affiliated in 1997. The law school has a separate board of governors that had final authority over the school's location.

Under the new agreement, that board, which has more than 30 members, will be dissolved and a new seven-member board will be formed. Spanier will appoint three members from the current board. Board President H. Laddie Montague Jr. will serve on it and appoint three members.

Penn State reinforces pledge to Carlisle

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Saturday, January 22, 2005

Penn State reinforces pledge to Carlisle
DAN MILLER AND JAN MURPHY Of The Patriot-News
Carlisle's hold on The Dickinson School of Law gained strength yesterday with Penn State University committing $10 million to improvements at the campus on College Street. Also at their monthly meeting, Penn State's board of trustees unanimously endorsed without discussion the university's plans to operate the law school in Carlisle while opening a dual campus in State College by 2008. Those plans were approved last week by the law school's board of governors.

Yesterday's developments were aimed at alleviating fears that Penn State would pull out of the Carlisle campus as soon as possible. The future of the 171-year-old law school has been in turmoil since late 2003 when Penn State proposed moving it to the State College campus. School officials said the move could improve the law school's national rankings and job prospects for its graduates.

Under the dual-campus agreement, the Carlisle campus would get $40 million in renovations with $10 million from Penn State, $25 million from the state and the rest from donations. A new $60 million building would house the law school at State College.

University President Graham Spanier announced a "seven-figure" donation was pledged this week toward Penn State's $10 million commitment. He declined to release the donor's name.

"We expect to be in Carlisle for a long term," Spanier said. "It's not a short-term proposition for us. We will invest as heavily as we can there."

Construction on both campuses would start no earlier than fall 2006. Spanier said construction on Trickett Hall would start before any work on the State College campus "to demonstrate our commitment to Carlisle."

Also yesterday, Cumberland County officials signed off on a $25 million request to the state for the Carlisle campus. The county redevelopment authority placed a condition on going forward with the plan: that Penn State agree to keep the law school in Carlisle for as long as Gov. Ed Rendell wants.

Rendell this week said he wants Penn State to keep the law school in Carlisle longer than 10 years, though he didn't specify how many.

Spanier said he and Rendell are "precisely on the same wavelength here in our interest in this project."

To receive the $25 million from the state, the university and law school have to raise an equal amount in private donations.

Under the conditions laid out by the county officials, if Penn State closes the 638-student Carlisle campus or sells it to an entity other than an institution of higher education -- even after meeting Rendell's minimum time requirement -- the sale proceeds would go to the law school endowment.
Penn State would also have to repay to Cumberland County all state money going through the authority for the Carlisle campus. The authority could use the state money on any project that would minimize the economic impact of the loss, said Christopher Houston, authority real estate development director.

"That's a positive disincentive," said Carlisle lawyer Hubert Gilroy, a member of the board of governors.

Gilroy was among the board minority who opposed the two-campus proposal.

Penn State had rejected other conditions laid out by the authority, among them a 15-year guarantee for the Carlisle campus, said Christopher Gulotta, authority executive director.

But Gulotta said the Carlisle campus would be "at a disadvantage" without the state funds, because Penn State would only spend $20 million on improvements in Carlisle compared with $60 million for a new campus in State College.

"I think this is something we can live with," Bruce Barclay, chairman of the Cumberland County Board of Commissioners, said of authority conditions. "We have reassurances from Penn State that it will keep [the Carlisle campus] or write a check."

Penn State trustees approve two-campus law school

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Friday, January 21, 2005

Penn State trustees approve two-campus law school
The Associated Press
UNIVERSITY PARK -- A preliminary plan to expand Penn State's law school to two campuses was approved by the university's board of trustees today. Penn State's president, Graham Spanier, also sought to ease concerns that a new law school at its flagship University Park campus would soon spell the end of the current law school in Carlisle.

"We expect to be in Carlisle for the long term," Spanier said. "We will invest as heavily as we can there."

It wasn't immediately clear if hurdles remain for the plan to be enacted.

Under the plan, The Dickinson School of Law would become a two-campus school with the opening of a new facility at University Park by 2010. The plan received preliminary approval from Dickinson's board of governors Saturday.

The agreement calls for the current Carlisle campus to remain open for at least 10 years, but university officials have made no promises beyond that.

Gov. Rendell said he could not guarantee that the law school would have a permanent presence in Carlisle, but said he would try to lengthen the 10-year commitment.

"We're looking at extending that, making it a more significant number of years," Rendell said at a news conference this week. "That's a matter of negotiation."

Established in 1834, Dickinson has been largely under Penn State's control since a merger between the two schools in 2000.

Rendell seeks longer pledge for law school

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Thursday, January 20, 2005

Rendell seeks longer pledge for law school
CHARLES THOMPSON Of The Patriot-News
Gov. Ed Rendell reiterated yesterday that he wants Penn State University to keep a Dickinson School of Law campus in Carlisle for a "more significant number of years" than the 10 Penn State has guaranteed. Rendell has committed $25 million in state funds for redevelopment of the Carlisle campus as part of a dual-campus plan. The money would come from the capital budget, which typically is funded by 20-year bonds.

An administration aide said, "If we're going to pay for 20 years for a project ... you presume that it has at least a 20-year usable life."

Rendell said at a midday news conference yesterday that Penn State's commitment doesn't have to be permanent.

"There is no permanent. That's unenforceable," he said. "If the school starts to lose students and nobody wants to go to it, it doesn't matter what you put in writing."

Rendell declined to set a minimum commitment that would clear the way for state funds, saying, "That's a matter of negotiation."

The Cumberland County Redevelopment Authority, which is the conduit for the state money, will meet tomorrow to consider conditions for state help that its staff has negotiated with Penn State.

Authority officials refused to reveal any of the proposed terms yesterday. The authority's decision will be reviewed by Rendell before the state money is released, and the governor may impose additional conditions.

Rendell Administration officials said they expect the grant agreement ultimately will expand upon Penn State's previously agreed- to guarantee to operate a Carlisle campus through June 30, 2015.

"If the conversations and e-mail traffic that I've been part of hold true, it will be longer than 10 years," senior administration officials said.

On Saturday, the law school's board of governors approved a dual- campus plan negotiated with Penn State that would see a new $60 million law campus open in State College as early as 2008, coupled with a $40 million renovation of the school's home in Carlisle.

That agreement also effectively abolishes the law school board and gives Penn State "complete and unfettered operational authority" over the law school.

The Carlisle portion of the dual-campus proposal would be financed through the combination of $10 million from Penn State, a targeted capital campaign, and a grant from the state of up to $25 million.

Rendell said yesterday that the state money can only be applied to the Carlisle renovations.

Penn State officials, who have signaled their acceptance of the authority's proposed conditions, also did not disclose details yesterday.

The 171-year-old law school's future has been in turmoil since late 2003, when Penn State proposed moving Dickinson to the university's main campus in State College.

Law school Dean Philip McConnaughay contended that closer interaction with the university would enhance students' education and job prospects and improve the school's national rankings.

Officials also said the Trickett Hall campus is over-crowded, lacks adequate library space and doesn't meet standards for access for people with disabilities.

But many Carlisle community leaders and segments of the law school's alumni said the relocation plan -- coming just three years after Dickinson's affiliation with Penn State -- was something akin to a raid by the state's largest university on a historic institution.

The two-campus plan was approved on a 17-14 vote.

CHARLES THOMPSON: 705-5724 or cthompson@patriot-news.com
TABULAR OR GRAPHIC MATERIAL SET FORTH IN THIS DOCUMENT IS NOT DISPLAYABLE


ILLUSTRATION; Caption: Gov. Ed Rendell wants Penn State University to keep a Carlisle campus for The Dickinson School of Law for at least as long as it would take to pay for state funding of any improvements, such as the above concept by an architectural firm.

Spanier vows fast action on law school; Penn State board to review plan for Dickinson

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Tuesday, January 18, 2005

Spanier vows fast action on law school; Penn State board to review plan for Dickinson
adanahy@centredaily.com
By Anne Danahy Penn State President Graham Spanier said he hopes to move quickly to plan and raise money for renovations of The Dickinson School of Law's Carlisle campus and may simultaneously lay plans for a law school campus at University Park.

A memorandum of understanding that outlines plans for a $40 million renovation of the Carlisle campus and construction of a law school campus at University Park will be presented to the university's board of trustees Friday.

The Dickinson School of Law board of governors voted 17-14 to approve the memorandum Saturday.

Spanier said in an e-mail Monday that the university hopes to "move expeditiously" on the project.

He said six months of private fund-raising will be followed by program planning, architectural selection and renovations and additions at Carlisle. Plans for the law school campus at University Park could take place at the same time or shortly after.

University officials last year said they would spend $60 million to build the University Park location.

"I believe this will become one of the single largest investments in a law school in the history of American higher education, and I pledge the best efforts of Penn State's administration to create long-term success for the decades ahead in Carlisle and University Park," Spanier said in a letter to members of the board of governors.

The agreement follows more than a year of controversy and discussion of proposals to create a Dickinson School of Law campus at University Park. The idea had met opposition from members of the board of governors and in the Carlisle community.

The community, home to the law school since 1834, feared Penn State would close the Carlisle campus, or it would be reduced in status to a satellite campus, hurting the local economy.

Penn State argued that locating a campus at University Park, where law school students would benefit from interaction with other colleges, would help attract top-flight students and faculty.

Carlisle Mayor Kirk Wilson said he tries to be an optimist. So while he is disappointed in the law school board's approval of the agreement, he said he is willing to work with the university to ensure the continued operation of the school in Carlisle.

"Obviously our desire would be to see the university place a strong emphasis on the campus in Carlisle and return it to the educational institution it once was," Wilson said.

The memorandum of understanding specifies that Penn State will continue operating the Carlisle campus at least until June 30, 2015.
The agreement also would dissolve the law school's board of governors, replacing it with a seven-member panel that would include three members appointed by Spanier.

The university has pledged $10 million toward as much as $40 million in renovations to the Carlisle campus. As much as $25 million would come from the state and $5 million from private fund-raising.

Gov. Ed Rendell earlier this year pledged $25 million in state funding if Penn State agreed to keep a campus in Carlisle. Any state funding would be administered by the Cumberland County Redevelopment Authority, which is expected to meet in the next few weeks.

Carlisle leaders worried for future

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Monday, January 17, 2005

DICKINSON SCHOOL OF LAW
Carlisle leaders worried for future
DIANA FISHLOCK Of The Patriot-News
Losing The Dickinson School of Law would be one of the hardest hits that Carlisle has faced, Mayor Kirk Wilson said yesterday. The blow would hurt all aspects of the community, he said. The law school's board of governors voted Saturday to open a second campus in State College by 2010. The proposal will go before Penn State University trustees Friday.

The law school merged with Penn State in 2000. In November 2003, Penn State officials proposed moving the school to its main campus in State College. After law school officials and community leaders rallied against the move, Penn State suggested campuses in both State College and Carlisle.

Penn State University has said it will maintain the Carlisle campus at least 10 years.

"I think there's the possibility it could be a viable law school beyond that period, and I would expect that's what most of the community of Carlisle is hoping for," Wilson said. "While we never really had a say, the future -- 10 years plus -- is really out of the hands of the community, and it's strictly in the hands of the president and the board of trustees. It's disappointing. The whole process has been frustrating."

Third-year student Robert Michaels, from Endicott, N.Y., said yesterday he thinks Penn State's decision was a good one, but he believes the intent was to move the law school to State College all along.

"I would bet [President] Graham Spanier and Penn State would close Dickinson in 10 years," Michaels said. "If we don't see the rankings improve and we made an honest effort, I think we should think about closing Dickinson at Carlisle, but I think Graham Spanier never wanted a law school in Carlisle, Pennsylvania."

Michaels, a Penn State alumnus, said he isn't sure where he would have studied had there been two law school campuses when he started.

"I would like to think I would have chosen Carlisle, but it would have been a tough choice."

Penn State's actions in the past year and a half don't bode well for Carlisle, said former state Rep. Al Masland, a 1982 graduate who is now chief counsel at the Pennsylvania Department of State.

"There's been no indication from Penn State that they have any real interest in remaining here," Masland said. "My fear is the 10- year minimum is really a 10-year maximum. All of my fears stem from the totally inept way that the university has handled this from the start. Their temperament had ranged from antagonistic to paranoid."
Losing the law school would be heart-wrenching to Carlisle, because it's so central to the community, Masland said. "The list of benefits is almost innumerable, and to tear that out of an old borough is devastating."

Dickinson School of Law's location in Carlisle was one of the prime attractions to Skip Ebert, now Cumberland County district attorney.

"It was one of the few law schools that wasn't in a big city, and I thought that was valuable," Ebert said.

The law school is older than Penn State, Wilson pointed out. "Maybe they should move Penn State down to Carlisle."

A campus law school closer for Penn State

The Philadelphia Inquirer (c) Copyright 2005, The Philadelphia Inquirer. All Rights Reserved.
Monday, January 17, 2005
PHILADELPHIA
A campus law school closer for Penn State; The Dickinson law school board approved a 2d site in State College, but hurdles remain.
THE ASSOCIATED PRESS
CARLISLE, Pa. The Dickinson School of Law would become a two-campus school under a Pennsylvania State University proposal the law school's board of governors accepted over the weekend, but only if the school receives state money for new construction at its current Carlisle campus.

Under the proposal, which still needs final approval by the law school board and university trustees, Penn State promised to keep the Carlisle campus open for 10 years - but made no promises beyond that - while establishing a second campus on the main Penn State campus in State College.

The law school board debated for five hours Saturday before voting, 17-14, to accept the Penn State proposal. Opponents said they feared Penn State would close the Carlisle campus.

Board member Joan Maher argued that Penn State really only wanted Dickinson's accreditation so it could open its own law school. Penn State officials, however, said they planned to keep the law school in Carlisle well beyond the 10 years called for in the agreement.

"I'm absolutely delighted that we have finally reached this point," Penn State president Graham Spanier said, adding that Dickinson would be among the country's largest law schools. "I think it will prove to be one of the major developments in legal education."

"It's discouraging. I think the board was bulldozed, intimidated," State Rep. Will Gabig (R., Carlisle) said. "There hasn't even been a demonstration... that Pennsylvania needs a new law school."

H. Laddie Montague Jr., chairman of the law school board, said he hoped that a final agreement would be drafted in about two weeks and that another meeting would follow.

"I think as things progress, there will be more harmony," Montague said.

The proposal would give Penn State "unfettered" control of the law school by Aug. 1. But Penn State agreed that the plan would be invalidated if Gov. Rendell fails to provide $25 million for construction at Trickett Hall on the Carlisle campus.

Established in 1834, Dickinson has been largely under Penn State's control since a merger between the two schools in 2000. Penn State was one of only two Big 10 universities without a law school, and Dickinson, the state's oldest law school, was struggling to survive in an increasingly competitive higher-education market.
Under the merger, Penn State and its board of trustees oversee the Dickinson School of Law's day-to-day operations, from hiring faculty to approving new courses. The law school's board of governors has an advisory role but retained authority over the law school's name and location.

In the fall of 2003, law school dean Philip J. McConnaughay proposed closing the Carlisle campus, saying relocation to State College would improve the law school's reputation and provide more joint-degree programs with Penn State. After major opposition in Carlisle to the loss of the law school, the board voted in June to study a two-campus option recommended by Penn State president Graham B. Spanier.

Dickinson OKs dual-campus law school plan - Big Mistake

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, January 16, 2005


Dickinson OKs dual-campus law school plan

By Anne Danahy adanahy@centredaily.com
CARLISLE In a vote that opens the door for a second Penn State law school campus, the board of governors of The Dickinson School of Law approved an agreement Saturday to renovate its location in Carlisle and eventually create a campus at University Park.

But Penn State agreed that the plan would be invalidated if Gov. Ed Rendell failed to provide $25 million in state funds for new construction at Trickett Hall on the Carlisle campus.

The 17-14 vote during the special meeting of the board follows more than a year of discussions about the possibility of a law school campus at University Park. It came after almost five hours of discussion Saturday and several attempts by opponents of the plan to stop the motion.

In the end, those in favor had enough votes to pass the memorandum of understanding, which calls for up to $40 million in upgrades to the Carlisle campus, a second campus at University Park and a new board.

H. Laddie Montague Jr., chairman of the board, said he hopes that a final agreement will be drafted in about two weeks. Another meeting will be called once that happens.

"I am happy with it because I think the right result was reached," Montague said after the meeting. "I think as things progress there will be more harmony."

The agreement says that Penn State will operate the law school in Carlisle until at least June 30, 2015. After that, the university could close the Carlisle law school by giving one year's notice to the board.

Schultz read from a letter from Rendell to Penn State President Graham Spanier, dated Friday, that says Rendell's administration is committed to the vitality of the law school and is willing to provide financial support if an agreement ensuring the long-term presence in Carlisle is reached.

But some opponents of the two-campus plan said the decision amounted to the end of the Carlisle campus, and others asked that negotiations continue.

Sandor Yelen, a board member from Wilkes-Barre, said that if the section of the agreement that says the Carlisle campus could be closed was removed the proposal would have had no trouble passing.

"You're asking us to give up a contract that says in perpetuity in exchange for a contract that gives you the right to close this campus in 10 years," Yelen said.

Penn State and the law school became affiliated in 1997. That agreement said the law school would stay in Carlisle.

The $40 million the university could end up spending on renovating the Carlisle campus includes $10 million from Penn State and $25 million in funds from the state. That state money would be administered through the Cumberland County Redevelopment Authority. Penn State has reached a tentative agreement with that authority about how the money would be released.

Montague said Saturday that he was instructed that the authority did not want the details of the tentative agreement released.

Opponents tried several strategies to prevent the agreement from passing, including arguing that a two-thirds majority was needed to approve the agreement. But the board voted 21-9 that a simple majority was all that was needed.

LeRoy Zimmerman, a member of the board's negotiating committee, urged the board to look at the agreement in a positive way. He said it would mean a permanent presence in Carlisle and a new campus. He said he interpreted the 10-year provision as an opportunity to demonstrate that the Carlisle location is an important part of the law school.

"I am convinced that we can make this work if we work together," Zimmerman said.

In late 2003, Penn State proposed moving the law school to University Park. That idea met with strong opposition, particularly in Carlisle, and was followed by the idea of a two-location law school. In August, the board of governors tabled that idea and instead voted to renovate the Carlisle campus.

In September, university officials announced that an end to the affiliation with the law school was under consideration, with a possible law school affiliation with neighboring Dickinson College being considered. But in November, the law school's board of governors formed another committee to again take up the idea of a two-campus school.

Proponents of the two-campus plan have said it will help attract top faculty and students and offer students the opportunity to work with faculty members from other colleges. Opponents have expressed concern about the potential negative impact on Carlisle.

Carlisle Borough Council President Frank Rankin said after the meeting that he was very disappointed in the decision and that he had not been allowed to speak during the meeting.

Rankin, representing a community task force and the Borough Council, said the potential for the Carlisle campus to be dissolved eventually, the change in the law school's governance, and the potential economic impact if that location was closed were concerns.

The memorandum also includes a total restructuring of the law school board to seven members. Spanier will appoint three current members. Montague will take one seat and will appoint three current members, and if any of those four seats come open, the members of that group will appoint the replacement.

The board of governors also voted 14-12 to approve a motion that when Montague appoints three additional members to the new board, at least two of them will be members who voted against approving the memorandum of understanding.

Penn State would renovate Dickinson, keep it in Carlisle for at least 10 years

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Sunday, January 16, 2005

Law school board OKs 2 campuses ; Penn State would renovate Dickinson, keep it in Carlisle for at least 10 years
ELIZABETH GIBSON Of The Patriot-News
Penn State University is to open a second campus of The Dickinson School of Law in State College by 2010. That decision came yesterday in a vote by the law school's board of governors after many of its members fought to reject the preliminary agreement.

They argued for hours that Penn State should be forced to maintain the Carlisle campus for much longer than the proposed 10 years. The university promised when it merged with Dickinson that the school would stay in Carlisle.

Board members against the plan said the board would be abolished by Aug. 1, ending Penn State's long-term legal obligation to Carlisle. Their warnings failed.

In a 17-14 vote, the governors approved the proposal. Penn State is to renovate the 638-student Carlisle campus for about $40 million and open an estimated $60 million law campus in State College as early as 2008. The campuses are to operate as one school.

Penn State President Graham Spanier yesterday said Dickinson will be among the country's largest law schools.

"I'm absolutely delighted that we have finally reached this point. I think it will prove to be one of the major developments in legal education," he said.

State and local lawmakers took steps to push Penn State into keeping Dickinson in Carlisle.

"It's discouraging. I think the board was bulldozed, intimidated. There hasn't even been a demonstration ... that Pennsylvania needs a new law school," state Rep. Will Gabig, R-Carlisle, said.

The proposal will go before the university trustees Friday. A final agreement would then be endorsed by the trustees and the governors board.

Penn State could offer law classes at State College as early as 2006 in the Smeal College of Business when that program moves to its new Park Avenue building. Law professors and staff for the PSU campus could be appointed this year.

Future in debate since 2003

The schools merged in 2000. Penn State said Dickinson was its only missing academic link. Dickinson said Penn State could supply technology and other resources law students wanted. All classes are taught in Trickett Hall on South College Street in Carlisle. The building is crowded, lacks adequate library space and doesn't meet standards for disabled access.

The law school is the oldest in Pennsylvania and the fifth- oldest in the nation.

Its future has been debated since 2003, when Penn State proposed moving it to State College. The offer was withdrawn after objections from the governors board, the community and lawmakers.
Penn State and the board had disagreed about a two-campus proposal. Last fall, when it appeared they couldn't overcome differences, Penn State talked of handing off the law school to Dickinson College. The two Dickinsons are adjacent but unaffiliated.

A possible deal breaker for the current plan is the proposed financing for Carlisle upgrades.

Penn State said it will spend $10 million on the Carlisle renovation and hopes to raise up to $15 million in a capital campaign. It will maintain the campus at least 10 years, but possibly much longer.

State money may require Penn State to define just how long.

Gov. Ed Rendell last year promised up to $25 million for law school renovations if the school stayed in Carlisle. In a Friday letter to Spanier, Rendell said the money is still available if Penn State can "guarantee a long term commitment to the continued operation of the law school in Carlisle."

Penn State said it won't accept the money and will void the two- campus plan if Rendell's stipulations for a long-term commitment are unreasonable. Rendell hasn't specified those terms.

Governors board member Art Piccone asked the board to kill Penn State's proposal based on the lack of those and other terms. "Put the damn facts on the table. Quit hiding, quit playing games, so we know what we have," he said.

Member Leslie Anne Miller said Penn State has introduced "one scheme after another" to get the law school out of Carlisle "and up the road to Happy Valley" and isn't committed to Carlisle.

"Why aren't long-needed [Carlisle] renovations under way if Penn State is so committed?" she asked.

About one-third of the 33-member board voted by phone during yesterday's meeting in Trickett Hall. U.S. Homeland Security Secretary Tom Ridge was absent. Member Lewis Katz attended part of the meeting by phone but was absent for the vote.

LeRoy Zimmerman, a former state attorney general, voted for the Penn State plan. Earlier, he said the board should never give up its right to keep Dickinson in Carlisle. Yesterday, he said Penn State's proposal convinced him Dickinson will have a permanent Carlisle presence.

He also said Penn State has to give a year's notice if it plans to close the Carlisle campus after 2015. In that case, outcry from alumni, the community and legislators would surely halt the process, he said.

Board member and state Supreme Court Justice J. Michael Eakin said he backed the plan because students can maximize learning by studying in Carlisle and at the main campus.

Board Chairman H. Laddie Montague Jr. said Penn State put in the 10-year clause to guarantee the Carlisle campus would not be closed as Dickinson went through growing pains with two campuses. He said it wasn't a sign Penn State intends to close the school after 2015.
Spanier agreed and said no limit has been placed on Dickinson's existence in Carlisle.

"It's not productive to identify a particular [limit] because that's not how decisions are made in higher education ... but we would not be making this kind of investment ... if it was our intent to get out of town quickly. That's not going to happen," Spanier said.

Law school Dean Philip McConnaughay said the two campuses will be complementary, not competitive. The school's success will depend on each campus thriving.

Luci Jankowski McClure, president of the Dickinson general alumni association, said she's disappointed the board failed to get better guarantees for a permanent Carlisle campus. But she urged alumni to set aside differences over Penn State's plan and continue to support the school. ELIZABETH GIBSON: 249-2006 or egibson@patriot- news.com INFOBOX:

THE STORY SO FAR *The Dickinson School of Law in Carlisle merged with Penn State University in 2000. *The law school's future has been debated since 2003, when Penn State proposed moving it to its main campus in State College. *Law school Dean Philip McConnaughay contends closer interaction with the university would enhance students' law education and job prospects and improve the school's rankings. *Penn State withdrew the offer after objections from the governors board, lawmakers and the community. *The law school board and PSU officials previously discussed a proposal for two campuses. *Penn State trustees must vote on the two-campus plan approved yesterday. They are to meet Friday. Both boards would later vote on final agreement.

THE SCHOOLS PENN STATE UNIVERSITY *Campus: University Park in State College *Founded: 1855 *Students: 41,282 undergraduate and 6,465 graduate students *Faculty: 2,976 *Undergraduate tuition and fees: $10,856 for in state students; $20,336 for out state students. THE DICKINSON SCHOOL OF LAW *Campus: Centered around one main building, Trickett Hall, in Carlisle. *Founded: 1834. It's the oldest law school in Pennsylvania and fifth-oldest in the nation. *Merged with Penn State University in 2000. *Students: 638 *Faculty: 42 *Tuition: $25,650

HOW THEY VOTED Members of The Dickinson School of Law board of governors and their votes on the two-campus preliminary agreement:

VOTING YES *H. Laddie Montague Jr., board chairman *Zygmunt R. Bialkowski Jr., attorney, Scranton *Ward A. Bower, attorney, Newton Square *William R. Caroselli, attorney, Pittsburgh *J. Michael Eakin, state supreme court judge, Harrisburg *Jan R. Jurden, Delaware Superior Court judge, Wilmington, Del. *Edwin L. Klett, attorney, Pittsburgh *Sidney D. Kline Jr., attorney, Reading *Michelle Moore, attorney, Atlanta *Christylee Peck, attorney, Harrisburg *Dale F. Shugart Jr., attorney, Carlisle *Donald C. Smaltz, attorney, Torrence, Calif. *J. Rodman Stee le Jr., attorney, West Palm Beach, Fla. *Tracy L. Steele, attorney, Philadelphia *Donald C. Taylor, attorney, Wilmington, Del. *Nathan H. Waters Jr., attorney, Harrisburg *LeRoy S. Zimmerman, attorney, Harrisburg VOTING NO *Helen S. Balick, retired judge, Wilmington, Del. *Anthony C. Falvello, attorney, Sugarloaf *Kathleen P. Galop, attorney, Madison, N.J. *Hubert X. Gilroy, attorney, Carlisle *M. Fletcher Gornall, retired attorney, Erie *Jason P. Kutulakis, attorney, Carlisle *Joan Dawley Maher, retired attorney, Carlisle *G. Thomas Miller Partner, attorney, Harrisburg *Leslie Anne Miller, state office of general counsel, Harrisburg *Joseph Nadel, attorney, San Francisco, Calif. *Arthur L. Piccone, attorney, Wilkes-Barre *Sylvia H. Rambo, U.S. District judge, Harrisburg *Michael T. Traxler, attorney, Carlisle *Sandor Yelen, attorney, Wilkes- Barre ABSENT *Lewis Katz, attorney, Cherry Hill, N.J. *Tom

Ridge, Homeland Security secretary, Washington, D.C.