Penn State did not prove its legal standing to have public court filing sealed, experts say

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Penn State said it wanted to protect affected students from potential embarrassment, but legal experts said that explanation doesn’t meet legal requirements.

part of an effort to make public details of the case

“It is believed … that the privacy interests of these crime victims will be irreparably and irreversibly damaged if the unsealing of these records occurs,” the university wrote in a petition filed on June 23. Centre County President Judge Pamela Ruest granted the request. Centre County District Attorney Bernie Cantorna challenged Penn State’s position in a July 11 motion to dissolve the seal. His personal counsel, Mary Lou Maierhofer, said the university lacked standing to represent the students but still “took it upon themselves to act.”

The university also would not explain how it determines when to initiate legal intervention on behalf of students. Good cause is a legal term meaning a sufficient reason for a judge to act or rule. Potential embarrassment to a victim is generally not accepted as good cause, she added. Penn State’s reasoning for having this case sealed in its entirety doesn’t rise to the level of what the Pennsylvania Constitution requires, Melewsky argued.

 

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