Vassar's attorneys ask MSU Faculty Senate to delay 'potentially damaging' vote. Here's why

EAST LANSING — Attorneys for Michigan State University Trustee Rema Vassar have urged the Faculty Senate chair who was found to be a victim of Vassar's bullying and retaliation to delay any action condemning the trustee.

The letter, sent by the Rochester-based Miller Law firm on March 18, attempts to convince Jack Lipton and the Faculty Senate to postpone any potential votes in support of the university's Board of Trustees' decision to censure Vassar and fellow trustee Dennis Denno and refer them to Gov. Gretchen Whitmer for potential removal.

Attorneys asked Lipton to urge the Faculty Senate to wait until they released their review of the report that found Vassar and Denno had broken several of the board's bylaws and codes of conduct, including committing "personal attacks against Dr. Lipton."

The attorneys said any vote by the Faculty Senate to condemn Vassar could be "potentially damaging" if members voted without reading the firm's response. The firm earlier this week issued a blistering and lengthy response to the report on behalf of Vassar, calling it "inaccurate" and "incomplete."

"We believe it is imperative to read our response to the Report before determining what weight, if any, to give its findings, conclusions, and recommendations," the letter stated. "Accordingly, we strongly recommend that the Faculty Senate refrain from making any judgments, or taking action, in reliance on the Report until after all members have had an opportunity to review our firm's response.

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"Under the circumstances, it would be premature and potentially damaging for the Faculty Senate to proceed otherwise."

Lipton presented the letter to the Faculty Senate during a meeting March 19 and said senate members perceived the letter as threatening and concerning.

One faculty senate member brought up his concerns surrounding the letter before the University Council's 69-2 vote to support previous motions by the Academic Congress and the Associated Students of MSU to condemn Vassar and Denno and support the board's decision to refer them to the governor for removal.

The Faculty Senate, which is separate from the University Council, has not formally voted to condemn Vassar since MSU's investigation into her alleged conduct was completed in late February.

"I think they used unfortunate word choices." Lipton said of Vassar's attorneys, who are being paid by MSU on her behalf. "The general take from the Senate was that (the letter) was threatening ... Are they afraid we can't make our own judgements on the report?

"I responded during discussion that if anyone (on the University Council) was concerned about that threat from Miller Law regarding 'danger' to the Senate, they were welcome to vote 'no' on the resolution," Lipton said in an email.

Kevin O'Shea, one of the attorneys who signed the letter, clarified Thursday to the State Journal that "potentially damaging" was meant to refer to Vassar and the university as a whole, not to the Faculty Senate.

O'Shea added that he did not mean to single Lipton out, but sent the letter to him as chair of the Faculty Senate. The letter was meant to go to the entire senate, but the lawyers were unsure of where to send the letter to make that happen.

"There's an office for academic governance," Lipton said. "If they couldn't find that on a web page, I'd be concerned."

Vassar and fellow Trustee Dennis Denno were determined by the Washington, D.C. law firm Miller & Chevalier to have "encouraged a campaign of personal attacks against Dr. Lipton, MSU Faculty Senate Chair, by student groups and the press." They are also accused of other violations of ethics and the trustee code of conduct.

Vassar has responded to the report, calling it "deeply flawed."

It's unclear how Vassar is going to proceed. O'Shea told the State Journal previously that "We’re not taking any future options off the table."

It's unclear whether or when Whitmer will make a decision on the board's request.

Lipton Letter by Susan Vela on Scribd

Contact Sarah Atwood at satwood@lsj.com, or follow her on X @sarahmatwood

This article originally appeared on Lansing State Journal: Vassar's attorneys ask MSU Faculty Senate to delay 'potentially damaging' vote. Here's why