What's next for MSU? Trustee controversy leaves many unanswered questions

EAST LANSING — One day after MSU trustees put the fates of two of their colleagues in the hands of Gov. Gretchen Whitmer, there were plenty of unanswered questions. Among them: Just how will Whitmer proceed with misconduct claims against Rema Vassar and Dennis Denno and how fast will she act?

Whitmer will ultimately make the decision because the six other trustees referred them to the governor for potential removal from the board over alleged misconduct involving ethics and board policies.

There isn't a clear roadmap for Whitmer going forward, said Eric Lupher, president of the Citizens Research Council, a nonprofit public affairs research organization based in Livonia.

It's extremely rare for an elected official to be removed by the governor, so much so that there isn't a defined process, he said.

What happens next with the board also remains to be seen. Former board Chair Vassar and Trustee Denno face what the university deemed "corrective action," which included censure and removal from some of their responsibilities. What that means is vague and still needs to be defined by the other trustees, according to Mark Bullion, a spokesperson for the university.

Here's what we know after the latest controversy involving the board, which has struggled to find a rhythm since the Larry Nassar scandal surfaced in 2016.

Who is running the board now?

At a special meeeting Sunday night held over Zoom, the board voted to appoint Republican Dan Kelly, the only GOP member on the board, as chair. Democrat Kelly Tebay was named vice-chair of the board. Kelly was elected to the board by a statewide election in 2016, and Tebay was elected in 2018.

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

What can Vassar and Denno do under the restrictions?

The board voted 6-2 to strip Vassar and Denno from liaison and committee chair positions, and from participating in all board-related activities for the board's current term, ending Dec. 31. This excludes activities and duties "assigned in (their) capacity as an elected official."

It is unclear exactly what that means right now, Bullion said. The trustees are expected to provide a more detailed explanation of what capacity Vassar and Denno will be able to serve in the next couple of days, he said.

How long does the process to remove elected officials take?

The process to remove an elected official in Michigan is not entirely clear, Lupher said.

The last high-profile effort to remove an elected official by a Michigan governor was over a decade ago, he said. And the elected official in question, former Detroit Mayor Kwame Kilpatrick, resigned before Gov. Jennifer Granholm announced a decision.

"There wasn't really a script at the time," Lupher said. "Gov. Granholm created a trial process where she acted as a judge to determine if Kilpatrick should be removed. This allowed for due process, both sides could be heard and she wasn't just going off the allegations."

MSU's trustees, like those on the boards that lead the University of Michigan and Wayne State University, are nominated by their respective political parties and elected in a statewide vote. According to Ballotpedia, in 2020 Vassar was elected with 2.3 million votes. In 2022, Denno was elected with 1.9 million votes.

MORE: Who is Dennis Denno? What to know about MSU Board of Trustees dispute

When will Whitmer act?

Stacey LaRouche, press secretary to Whitmer, told the State Journal in a text message Monday that the governor's office was aware of the vote referring Vassar and Denno to Whitmer 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.

Last fall, Whitmer called the allegations against Vassar made public in a letter from Trustee Brianna Scott "deeply concerning."

"I'm taking it very seriously," Whitmer said during a news media scrum. "I think the allegations, if accurate, amount to a serious breach of conduct in what we expect of our board members and ... the oath that they took."

On Wednesday, MSU's investigation that stemmed from that letter also implicated Denno. And the firm recommended Scott be censured for releasing the complaint publicly, which the board voted to do Sunday night.

Lupher said that if Whitmer doesn't act, it would "weaken the trust in the process," and added that because Vassar, Denno and Whitmer are all Democrats, it could look like she's ignoring the misconduct cited in the report by high profile members of her party.

Who would Whitmer name as replacements?

Whitmer has appointed two trustees to the current board: Renee Knake Jefferson in 2019 and Sandy Pierce in 2022. Both women are Democrats.

Whitmer appointed Knake Jefferson to complete former Trustee Nancy Schlichting's term after Schlichting resigned over frustrations with the board. Schlichting was appointed by former Gov. Rick Snyder in 2018 following the death of Trustee George Perles.

As of 2019, campaign finance records show Knake Jefferson donated a total of $6,000 to Whitmer's 2018 campaign for governor.

Whitmer appointed Pierce to replace former Trustee Pat O'Keefe after his resignation over concerns regarding the circumstances that led to Eli Broad College of Business Dean Sanjay Gupta's resignation and "the manner in which it occurred," according to a letter he sent Whitmer announcing his resignation. He said the board lacked transparency.

Pierce has not been a major political donor but has supported Democrats, including Whitmer.

How much has this all cost?

Three law firms were involved in the investigation that stemmed from Scott's October letter. As of Jan. 31, MSU has been billed more than $721,000. Both Vassar's and Denno's attorneys were paid for by the university.

MSU regularly pays for trustees' representation, like it did in the other high-profile investigation into the board. MSU paid about $500,000 to two law firms in September and October to identify whether a trustee had leaked the name of the woman who accused former football coach Mel Tucker of sexual harassment. Half of that was for Vassar's representation in the investigation, which concluded in December.

If Whitmer did decide to remove Vassar and Denno from the board, they could choose to fight that decision through legal means. It's unclear if the university will pay their legal fees in that scenario. Vice President of Communications Emily Guerrant said "for any indemnification of trustees, the full board has to agree that the university should pay for legal representation."

It's not clear what would happen if either Vassar or Denno sued the board and the university over Sunday night's vote.

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

This article originally appeared on Lansing State Journal: What's next for MSU? Trustee controversy leaves unanswered questions