MSU trustees to hold special late-night meeting to discuss misconduct findings

EAST LANSING — Michigan State University’s Board of Trustees was to meet Sunday night to discuss an investigation that recommended trustees refer Chair Rema Vassar and Trustee Dennis Denno to Gov. Gretchen Whitmer for possible removal for misconduct.

MSU late Saturday announced the special meeting, which was scheduled for 10 p.m. Sunday over Zoom on the night before the first official day of new President Kevin Guskiewicz. The meeting was scheduled less than a week after the months-long investigation was released to the public.

Findings from the report were released Wednesday as part of an investigation financed by the university after Scott released a seven-page October letter publicly accusing Vassar of "a pattern of violating our codes of conduct, ethics, and conflict of interest, including engaging in repeated undue influence, and bullying of Board members and administrators."

Vassar, a Democrat, denied the allegations last fall, and said in a statement that there "was no finding of any undue influence, personal benefit, or harm to the University" in the report.

The report, created by Washington, D.C. based Miller & Chevalier, also recommended the eight-member elected board consider censuring Scott.

Miller & Chevalier found numerous examples of alleged misconduct relating to Vassar, from the trustee accepting free flights and tickets for her and her daughter on a donor's plane to meeting with former Dean Sanjay Gupta to discuss a settlement brought by the former Dean of the Eli Broad College of Business over his forced resignation by then-Provost Teresa Woodruff. Woodruff has been serving as interim president.

Vassar, the investigation found, also violated a board policy against retaliation in respect to a witness in the investigation and met with Attorney General Dana Nessel's office regarding the AG's investigation into documents the university was fighting to keep secret, according to the report.

The investigation also found that Vassar and Denno retaliated against Jack Lipton, chair of the MSU Faculty Senate, by sharing confidential information to students to embarrass and "terrify" interim President Teresa Woodruff.

Denno, a Democrat, is also accused of having too much involvement in the review of the mass shooting on campus on Feb. 13, 2023. He is accused of trying to get the firm hired to analyze MSU's findings to alter its report.

"The initial allegation stated that Chair Vassar inappropriately suggested that SRMC revise findings in its report. However, through its investigation, Miller & Chevalier substantiated that Trustee Denno was actually the person attempting to exert influence over SRMC to change its findings. This conduct was a breach of Standard 8 of the Code of Ethics."

Denno provided a lengthy statement Sunday, about 10 hours before the special meeting, saying he would not resign.

"I will accept a censure but contest any other form of punishment," he said. "What has been proposed is overly-punitive in nature."

In regard to Scott, Miller & Chevalier determined she violated the board's code of ethics when she sent the press and public her letter alleging misconduct by Vassar, because it "included references to confidential and privileged attorney/client communications that she did not have authority to disclose."

Vassar said in a statement Wednesday that while she had not "had an opportunity to examine the extensive Report of the Miller & Chevalier law firm in detail, Dr. Vassar is pleased that the investigation concluded that the most serious charges, including those raised by Trustee Brianna Scott, were unfounded.

"While Dr. Vassar does not agree that any Board of Trustees guidelines were violated, she is gratified that there was no finding of any undue influence, personal benefit, or harm to the University. She agrees that the Board should consider censure of Trustee Scott for violating the Board’s Code of Ethics by publicly releasing “confidential and privileged attorney/client communications that she did not have authority to disclose.”

Both Vassar and Denno were represented by outside counsel, paid for by the university, throughout the investigation. This included during their interviews, all of which were held in person, according to the report.

Following their interviews, counsel for Vassar and Denno provided written statements, and Miller & Chevalier said in the report that they took those statements into consideration, but where there are inconsistencies between them, greater weight was placed on the statements made during interviews.

Other board members have not commented, beyond a statement Wednesday from Dan Kelly, board vice chair and chair of the Committee on Audit, Risk and Compliance.

"The board takes our responsibility and governance seriously and is committed to upholding our code of ethics,” Kelly said in a statement that added trustees were reviewing the report's findings.

Michigan law allows the governor to remove board members for a variety of reasons, including "gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, and report the causes of such removal to the legislature at its next session."

Stacey LaRouche, press secretary to Whitmer, said the governor "will continue to monitor this situation closely."

“The findings outlined in the report are concerning," LaRouche said in an email. "The board needs to give this report a thorough review to ensure the university can move forward and grow."

This investigation is the second high-profile inquiry in which the board's conduct was under review within the past six months. On Dec. 29, MSU released the findings of the law firm Jones Day's investigation into the potential leak of the name of the woman who accused Mel Tucker of sexual harassment. The investigation ultimately found that no Michigan State University official or employee leaked Brenda Tracy's name, but noted that Denno did not turn over his cell phone during the investigation.

Scott's term is scheduled to end in 2027, Vassar's in 2029 and Denno's in 2031.

This article originally appeared on Lansing State Journal: MSU Board of Trustees to meet Sunday to discuss misconduct findings