MSU Trustee Rema Vassar responds, calls misconduct investigation 'deeply flawed'

EAST LANSING — Former Michigan State Board of Trustees Chair Rema Vassar said Wednesday a report stemming from an investigation into bullying and misconduct allegations on the board was "deeply flawed."

The board's decision Sunday night to censure and refer to Gov. Gretchen Whitmer for possible removal from office Vassar and Trustee Dennis Denno was a "rush to judgement," she said in a statement.

Vassar said her decision to resign as board chair before the meeting Sunday was not because of the report's findings but so the board could "move beyond its long history of dysfunction and personal recriminations, to get down to business and serve our constituents."

Vassar said the board met privately ahead of Sunday's late-night public meeting, and excluded some board members. She did not provide specifics about who was excluded.

"But the Board’s moves are a disturbing overreaction to my actions, none of which have involved undue influence, personal benefit, or harm to the University," she said in the statement. "The Board’s sanction also risks violating the law to the extent it deprives me and other Trustees of our ability to effectively represent our constituents. I won’t allow them to be disenfranchised, and I’ll be closely monitoring the Board’s actions for constitutional defects in coming weeks."

The investigation, paid for by the university and conducted by Washington, D.C. law firm Miller & Chevalier, recommended Vassar and Denno be referred to Whitmer's office for possible removal from their elected positions. The report cited multiple violations of trustee codes of conduct and ethics, and the report said that of most concern were "claims that Chair Vassar and Trustee Denno retaliated against Interviewees and claims that they undertook to launch personal attacks against Interim President Woodruff and the Faculty Senate Chair, (Jack) Lipton."

The firm also recommended the board consider censuring Trustee Brianna Scott, who the board voted to censure Sunday night. Vassar was the lone no vote.

It's not clear whether or how Whitmer will act. Her press secretary, Stacey LaRouche said in a text to the State Journal that Whitmer was aware of the vote referring Vassar and Denno to her for potential removal.

"As we have done in similar instances, we will take the time to carefully review this request upon official receipt of the formal communication of the board," LaRouche wrote.

LaRouche did not provide a timeline for how long the review would take. Vassar and Denno are Democrats who were elected in statewide elections, as is Whitmer.

Dan Kelly, the board's new chair as of Sunday night, was not immediately available for comment. During the board meeting Sunday night, Kelly said that he hopes Vassar "stays engaged" with the board, although she and Denno were stripped of any committee or liaison assignments.

"She is very valuable to this board," he said. "And I know that I personally appreciate her input."

Vassar's statement was released by Rochester-based attorney Kevin O'Shea on her behalf. O'Shea is an attorney with the Miller Law firm, one of two law firms that the university paid to represent Vassar and Denno during the investigation. MSU has been billed more than $721,000 from all three law firms, including Miller & Chavalier. The Miller Law firm, which represented Vassar, has billed more than $214,000.

Here is Vassar's full statement:

"I am deeply troubled by Sunday night’s unprecedented rush to judgment by the MSU Board of Trustees based on the deeply flawed Report by the Miller & Chevalier law firm, released only last Wednesday. The late-night Board meeting, which followed other non-public meetings that excluded some Board members, took place without sufficient time for careful study and measured action.

"The Board relied entirely on the Miller & Chevalier Report in acting Sunday night. But the so-called 'independent investigation' was neither independent nor properly conducted. MSU administrators selected the firm. The one-sided investigation was directed and paid for by MSU, and it did not include the most basic due process protections for those of us who were targeted.

"For example, Miller & Chevalier refused to disclose information and documents they relied on, and I was never permitted to know the names of my accusers, let alone to confront and cross-examine them. The investigation was also incomplete, ignoring issues raised regarding the actions of several other Trustees and failing to question the basic unreliability of the accusations against me. As such, it’s no surprise that the findings of the Report align with what the MSU establishment has always wanted: business as usual and a Board of Trustees that goes along without asking any difficult questions.

MORE: Who is Rema Vassar? What to know about MSU Board of Trustees dispute

"As I indicated in my public comments at Sunday night’s Board meeting, my decision to step aside as Board Chair was reached in the best interest of the University, to allow for the Board to move beyond its long history of dysfunction and personal recriminations, to get down to business and serve our constituents. My resignation was not based on anything in the Miller & Chevalier Report, and it doesn’t reflect agreement with it. In fact, I strongly disagree with most of the Report’s purported factual findings, legal analysis, and recommendations. I’ll have a complete response to the Report soon, after my counsel and I have had a full opportunity to review it.

"I’ve acknowledged making mistakes, as we all do, and I’ll continue to do my best to improve. But the Board’s moves are a disturbing overreaction to my actions, none of which have involved undue influence, personal benefit, or harm to the University. The Board’s sanction also risks violating the law to the extent it deprives me and other Trustees of our ability to effectively represent our constituents. I won’t allow them to be disenfranchised, and I’ll be closely monitoring the Board’s actions for constitutional defects in coming weeks.

"Unfortunately, the Board’s actions in censuring Trustees and referring the matter to the Governor for review represent a clear abuse of institutional power designed to silence those who speak uncomfortable truths. I am not voiceless, and I will not be silenced. I intend to redouble my efforts to fulfill my duties under the Michigan Constitution and speak on behalf ofMichiganders and the many underrepresented members of the MSU community.

"As I did in my comments at Sunday night’s Board meeting, I want to honor the MSU students, particularly those groups that have felt ignored and unsafe. Many of them have reached out to thank me for helping their voices be heard. I’m deeply touched that student groups, including the MSU Chapter of the NAACP and the Black Students Alliance have publicly come to my defense. Their interests have institutionally been ignored for too long. Public engagement is at the heart of what any university is about, and it shouldn’t be stifled or threatened at MSU. My unfortunate recent experiences have convinced me that supporting students in that effort is more important than ever. Rest assured: I’m not going away.

I was elected to serve. I remain strongly committed to moving forward to improve the performance of the Board of Trustees and my own performance in the best interests of MSU and the State of Michigan."

This is a developing story. Check back for updates.

Contact Sarah Atwood at satwood@lsj.com. Follow her on X @sarahmatwood.

This article originally appeared on Lansing State Journal: MSU Trustee Rema Vassar respond, calls bullying investigation 'deeply flawed'