A plaintiff in a pending discrimination suit against Penn State has subpoenaed details about the University's handling of discrimination allegations by Jennifer Harris case, the Centre Daily is reporting. Constance Matthews, a former faculty member in the Education Department, sued Penn State in January alleging that she was passed over for promotion and tenure because of her open homosexuality and her advocacy for equity issues. The university defends that its promotion decision was based on the quality and quantity of Matthews's publications.
As part of the discovery in the pending case, Matthews's attorney requested details about Penn State's response to the allegations of discrimination by Harris's against former coach Rene Portland and AD Tim Curley. However, because the Harris case details are sealed, per court order and agreement of the parties, Penn State resisted. Now Matthews' attorney has subpoenaed them -- perhaps setting the stage for judicial consideration of the legality of sealed records?