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https://www.lansingstatejournal.com/story/news/local/campus/2024/02/28/msu -vassar-denno-scott-misconduct-investigation/72777367007/

EAST LANSING — Michigan State University trustees Rema Vassar and Dennis
Denno should be referred to Gov. Gretchen Whitmer's office for possible
removal from their elected positions, an investigation paid for by the university found.

The report, by the law firm Miller & Chevalier, also recommended the board consider censuring trustee Brianna Scott.

The investigation began with a focus on an October letter Scott sent to trustees accusing board chair 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 responded to Scott's letter the next week, denying the allegations.

The investigation 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 settle a lawsuit brought by Gupta over his forced resignation.

She 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, both Democrats,
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 is also accused of having too
much involvement in the review of the mass shooting on campus on Feb. 13,
2023.

In regard to Scott, also a Democrat, 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."

The law firm acknowledged the "courage it takes to publicly denounce misconduct, especially in light of the tangible and personal repercussions
that Trustee Scott has suffered. Nevertheless, if the Code of Ethics is to
have any meaning, its Standards must be applied uniformly, particularly
when it involves an issue as important as the fiduciary’s obligation to preserve the attorney-client privilege."

Dan Kelly, board vice chair and chair of the Committee on Audit, Risk and Compliance, said in a statement that the trustees have received the report
from Miller & Chevalier and are reviewing the findings.

"The board takes our responsibility and governance seriously and is
committed to upholding our code of ethics,” Kelly said in the statement.
He said MSU would have no further comment Wednesday on the report.

MORE:MSU trustees' misconduct findings: What we know

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.

Trustees respond
Vassar, in a statement sent by Kevin O’Shea of the Rochester, Michigan-
based The Miller Law Firm, said she “welcomed the outside investigation of
the allegations brought to the Board of Trustees, and she cooperated with
the inquiry, including completing more than fifteen hours of voluntary interviews. While she has 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.”

“Finally, Dr. Vassar takes strong exception to the Report’s finding that Trustees should not engage with students who believe their legitimate
concerns, including fears for their personal safety, have been ignored.
While such public engagement can become charged and uncomfortable for
those in authority, it is essential that the University, and the Board of Trustees, provide a forum for the voices of students to be heard. Dr.
Vassar looks forward to carefully reviewing the Report.”

A message was left with Denno.

Scott, in a text message, told the State Journal she has read the report,
which she said corroborated "much of what I alleged and more." She called
on Vassar and Denno to resign, and said she will accept censure from the
board.

"I did read the report. I believe it corroborated much of what I alleged
and more," she wrote. "There were many things that came out of this report
that are quite upsetting to me, especially the manipulation of our young
people by Trustees for personal gain. I accept full responsibility for my actions and will accept a censure from the Board, as I believe it is appropriate for the Board to act on this Report.

"It is my hope that Trustees Vassar and Denno also accept responsibility
for their actions and step down from their respective chair positions and ultimately the Board, so as not to force the governor to use taxpayer
money to remove them ... which would only further tarnish their
reputations and that of MSU."

Whitmer weighs in

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. "It was an important step forward for the Board of Trustees to commission these investigations to give students, staff, and alumni the transparency they deserve. The board needs to give this report a thorough review to ensure the university can move forward and grow."

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.

The investigation began last fall after Scott released her letter.

Miller & Chevalier charged the public university $350 to $960 an hour;
most of the staff involved have rates on the higher end of that range.

From Oct. 30 to Nov. 22, the most recent information the State Journal was
able to obtain from MSU, Miller & Chevalier billed the university
$500,699, according to a receipt dated Dec. 13.

What the report found

The report took issue with actions by all three trustees. Investigators
said the most concerning allegations involved Vassar and Denno:

"Of the allegations raised in the investigation, the ones of most concern
to Miller & Chevalier are 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."

Investigators found:On evidence reflecting statements related to interim President (Teresa) Woodruff": The investigation established that Chair
Vassar and Trustee Denno participated in a meeting with students in which
they provided students with confidential and inaccurate information that
was not in MSU’s interest to provide in violation of Standard 5 of the
Code of Ethics student actions intended to embarrass and unsettle Interim President Woodruff in violation of Standard 8 of the Code of Ethics."

On allegations of retaliation against Jack Lipton, chair of MSU Faculty
Senate: "The investigation established that Chair Vassar and Trustee Denno encouraged a campaign of personal attacks against Dr. Lipton, MSU Faculty Senate Chair, by student groups and the press. The evidence suggests that
their actions were primarily motivated by personal animus against Dr.
Lipton, likely due to Dr. Lipton’s call for Chair Vassar’s resignation.
But whatever the motivation, this conduct breached Chair Vassar’s and
Trustee Denno’s fiduciary duties under Standard 5 of the Code of Ethics as Trustees to the University because these actions have resulted in a
potential harmful outcome for the University by way of potential
litigation by Dr. Lipton against MSU or constituent parts of the
University directly involving their actions. These actions are contrary to
the Code of Ethics and the duties of a fiduciary and warrant referral to
the Governor for review and consideration pursuant to MCL 168.293."

Regarding Vassar's allegations, the report also found:

On allegation that Vassar negotiated settlement terms with Dr. (Sanjay)
Gupta, who resigned after pressure from then Provost Woodruff: "The investigation corroborated the allegation that Chair Vassar participated
in at least one settlement negotiation with Dr. Gupta and engaged with the Board’s outside counsel to prepare a purported Board statement presented
to Dr. Gupta as part of a potential settlement. Chair Vassar undertook
these actions without Board knowledge and of Standards 7 and 9 of the Code
of Ethics."

On allegations that Vassar met with the Attorney General's office
regarding privileged documents in MSU's possession from the Larry Nassar
case: "The investigation corroborated the allegation that Chair Vassar independently and separately met with the Department of Attorney General
and that these interactions resulted in a request for the Board to waive attorney-client privilege over the Nassar Documents, in opposition to
MSU’s prior and current position that it would not waive the privilege.
This conduct violates Article 13 of the Bylaws as well as Standard 7 of
the Code of Ethics."

On allegations that Vassar interfered with the SRMC Report, the after-
action security review following last year's mass shooting: "The
investigation did not substantiate the allegation that Chair Vassar inappropriately suggested that SRMC revise findings in its report, but it
did find that, with respect to the allegations regarding conduct of Chair Vassar and other Trustees following the February 13, 2023, shooting, Chair Vassar’s specific actions, as detailed above, encroached on matters
reserved for the Administration and therefore was inconsistent with
Article 4 of the Bylaws as well as the Code of Ethics commitment in
Standard 7 to “avoid involvement in administrative matters not subject to
the direct authority of the Board.”

On allegations that Vassar traveled on an MSU donor’s private jet for university business (the report does not identify the donor, but refers to
the person as Donor A): "It is undisputed that Chair Vassar accepted a
private jet flight and courtside tickets from Donor A for herself and her daughter. The investigation also established that on a separate occasion,
Chair Vassar accepted tickets for courtside seats from a separate MSU
donor. Both occasions violated Standard 4 of the Code of Ethics, which
states that Trustees “will not accept special benefits or anything of
value for [themselves] or others in consideration of performing [their] duties”146 The incidents above also violate the Trustee Conflict of
Interest Policy, which prohibits even the appearance of a conflict of
interest, particularly relating to Donor A as he was in discussions with
MSU to obtain trademark rights for his NIL collective."

On allegations that Vassar participated in Donor A's trademark/NIL negotiations: "The investigation corroborated the allegation that Chair
Vassar inserted herself in negotiations between MSU and Donor A related to Donor A’s use of MSU trademarks for Donor A’s NIL collective. Chair
Vassar’s conduct violated Article 7 of the Bylaws and Standard 3 of the
Code of Ethics.

On allegations of retaliation against someone who was interviewed by
Miller & Chevalier, referred to as Interviewee 9: "Although the
investigation did not corroborate Interviewee 9’s allegation of retaliation,Chair Vassar’s statement to Miller & Chevalier that she will
not work with Interviewee 9 because they made a complaint about her,
violates Standard 8 of the Code of Ethics with respect to its prohibition against retaliation."

Regarding Vassar, the report noted: "The findings summarized above, though individually varying in degrees of severity, collectively establish a
pattern of behavior that reflects a lack of appreciation by Chair Vassar
for the principles underlying the Standards defined in the Code of Ethics
and disregard for the Bylaws, the Trustee Conflict of Interest Policy, and
core principles of shared governance.

"Based on our findings of fact and analysis, and as summarized in our Conclusions, Miller & Chevalier’s recommended corrective action for Chair Vassar’s violations of Board policies and Bylaws is referral to the
Governor for review and consideration pursuant to MCL 168.293.150."

Regarding Denno's allegations, the report also found:

On allegations of interference in the post-shooting review: "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."

The firm then recommended Denno's actions be referred to Whitmer.

"Based on our findings of fact and analysis, and as summarized in our Conclusions, Miller & Chevalier’s recommended corrective action for
Trustee Denno’s violations of Board policies and Bylaws is referral to the Governor for review and consideration pursuant to MCL 168.293.151."

On accusations against Scott:

"Miller & Chevalier substantiated a violation of the Code of Ethics
regarding the Trustee Scott’s dissemination to the press and the public of
her letter, which included references to confidential and privileged attorney/client communications that she did not have authority to
disclose. In that regard, Trustee Scott’s decision to make her letter
public violated Standard 6 of the Code of Ethics."

Miller & Chevalier did not recommend corrective action for any other individual.

What the report recommends for MSU
In addition to recommending that Vassar and Denno's actions be referred to Whitmer and that Scott be disciplined by the board up to and including
censure, Miller & Chevalier laid out steps for the university to take.

The report found that the Board of Trustees has taken steps to improve its governance and professional development. This includes revisions to the
board's bylaws and leadership development sessions. However, the report
also found that "certain Trustees did not participate in some of these governance or professional development sessions." The firm also "observed behaviors and conduct inapposite to the Governance Commitments that the
Board recently adopted, and that each Trustee individually signed and
agreed to follow."

Miller & Chevalier recommended six steps for the board:

The board should implement its professional development plan and require
the participation of each trustee.
The board should consider undergoing a comprehensive governance review by
an expert outside consultant to assess its governance practices.
The board should consider developing and implementing a set of board-level procedures that describe with sufficient detail how the board and each
trustee interact with the administration and the university community.
Devote more time and resources toward a training program.
Upgrade its code of ethics and conflict of interest policy and develop "compliance guidelines with respect to accepting things of value,
including gifts, athletic gear, meals, entertainment, and travel."
Retain an outside governance expert.
Contact Sarah Atwood at satwood@lsj.com, or follow her on X @sarahmatwood.


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Durham Report: The FBI has an integrity problem. It has none.

No collusion - Special Counsel Robert Swan Mueller III, March 2019.
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Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden
fiasco, President Trump.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.

President Trump boosted the economy, reduced illegal invasions, appointed dozens of judges and three SCOTUS justices.

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