Controversy at Michigan State Over Board’s Ethics Policy Sparks Legal Action
In a move that has brought national attention, Michigan State University Trustee Mike Balow has initiated a federal lawsuit challenging the university’s revised ethics policy. This legal action comes after Balow’s extensive behind-the-scenes efforts to alter the policy, which was updated in the spring and perceived by some as a measure to enforce loyalty among trustees.
The contentious policy mandates that board members support decisions made by the majority and act consistently with fiduciary duties, including loyalty. Balow contends that these requirements suppress dissent, an essential component of self-governance. “History teaches that self-government breaks down when those in power use governmental authority to silence dissent,” the lawsuit argues, filed on Balow’s behalf by the Foundation for Individual Rights and Expression.
Board Chair Briana Scott has defended the policy, highlighting its alignment with similar codes at other institutions and legislative bodies. Scott maintains that the policy aims to facilitate effective governance without curtailing board members’ ability to express concerns. “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 stated.
This lawsuit is one among recent tensions at MSU, with Trustee Rema Vassar filing a separate federal lawsuit alleging racial discrimination against university President Kevin Guskiewicz and others. According to MSU spokesperson Amber McCann, the university plans to address these allegations through legal channels.
Balow and Vassar’s refusal to sign the policy has reportedly led to their exclusion from approximately 20 university events. These events range from the Mackinac Policy Conference to critical gatherings like the president’s State of the University address and a dinner recognizing efforts to restore power after an outage.
Balow expressed frustration at the lack of response from fellow trustees when raising these issues during board discussions. He emphasized the lawsuit’s goal to scrutinize the policy’s constitutionality, aiming for reforms that prevent silencing board members at MSU. “We are going to make Michigan State a better place,” Balow declared.
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This story was originally published by Bridge Michigan and distributed through a partnership with The Associated Press.
