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

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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.

STATE COLLEGE — Penn State did not prove it had legal standing to request the sealing of a case related to alleged sexual extortion against two of the university’s student athletes, legal experts told Spotlight PA. The school’s move waspart 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. If the victims asked Penn State to get involved, the university could have plausible standing to act in loco parentis — meaning to perform somewhat like a parent, said David Rudovsky, a senior fellow at the University of Pennsylvania Law School.

The general rule, Melewsky said, is to “protect certain information on a limited basis” and maintain public access to the courts. Lisa Powers, Penn State’s senior director of university public relations, previously told Spotlight PA in an email that “the University’s concern was focused on potential student victims and their right to privacy in this case, and the possible irreparable and irreversible damage that the immediate unsealing of the records could impose. There was never any intent to permanently seal the warrants, only to redact the names of victims.

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