Balow says he and Vassar were excluded from about 20 events
Michigan State University trustee Mike Balow filed a federal lawsuit this week against board Chair Briana Scott and board Secretary Stefan Fletcher, alleging the board’s updated ethics policy is unconstitutional. Balow said he had worked behind the scenes for months to try to get the university board to modify the policy before deciding he had enough.
The policy was updated last spring to include what some viewed as a loyalty clause, amid public questioning of university policies by some trustees. Some view the updated policy as silencing elected officials, while supporters say it reinforces board members’ responsibilities.
Two provisions drew criticism from some trustees. One requires trustees to support and not undermine decisions made by the majority of the board. The other requires trustees to act after board decisions “consistent with our fiduciary duties, including the duty of loyalty.”
The Foundation for Individual Rights and Expression, a national organization fighting for the rights of those on and off college campuses, filed the suit on Balow’s behalf. The complaint states that “History teaches that self-government breaks down when those in power use governmental authority to silence dissent.” It continues: “Under the board’s new rules, trustees may praise MSU’s leadership all they want, but they face sanctions if they publicly criticize it.” The complaint describes that result as “blatant viewpoint discrimination, repugnant to our Constitution and political tradition.”
Scott said Michigan State’s updated ethics policy contains similar provisions to one enacted for the Wayne State University board. She also noted that state lawmakers are expected to follow the rules of their respective House and Senate chambers, as enforced by the speaker and majority leader. In a statement, Scott said: “The purpose of the Code of Ethics and Conduct is to help ensure the Board can effectively govern in service to students, faculty, staff, parents, research partners, taxpayers and the broader public.” She added: “The code does not limit speech or restrict members of governing boards from raising concerns, providing oversight or questioning decisions; instead, it establishes good and commonsense governance practices.”
Balow said he and Vassar have been shut out of about 20 MSU events where other trustees were invited since they decided not to sign the policy in May. The events he described extended beyond football games: the Mackinac Policy Conference, the president’s State of the University address, and a dinner to thank employers who worked to restore power to campus after a major outage.
Balow said he raised the exclusions on a board phone call, but other trustees responded with “crickets” before the call moved on.
Balow’s lawsuit is the second filed this month against MSU officials by a board member. Last week, Trustee Rema Vassar filed a federal lawsuit against MSU President Kevin Guskiewicz and others, alleging racial discrimination. MSU spokesperson Amber McCann said: “The university will respond to the accusations in Trustee Vassar’s lawsuit through the applicable legal process.”
Balow said: “We are going to take a deep dive into the constitutionality of the code and we are going to show it is not the right policy for MSU or any university that silences board members.” He added: “We are going to make Michigan State a better place.”