What could be next for the Michigan State University Board of Trustees?

LANSING — Allegations of bullying and ethical violations leveled at the Michigan State University Board chairperson, Rema Vassar, by trustees and other public figures have sparked calls for Gov. Gretchen Whitmer to step in.

Trustee Brianna Scott set off the controversy by releasing a letter she sent the board accusing Vassar of 10 separate allegations, including bullying, releasing confidential information and other complaints. While Vassar has denied the allegations in a lengthy rebuttal and some have defended her, other board members have backed Scott and some public figures — including sitting U.S. Sen. Debbie Stabenow — have said Vassar should resign.

While Whitmer has the authority to remove university trustees, she has said the board should handle the situation after investigating the claims.

Here's a look at what could happen next as the board prepares to conduct its regularly scheduled meeting at 9 a.m. Friday.

What can the board do?

According to the MSU Board of Trustees governing documents, a board chairperson can be removed if six of the eight trustees vote to do so. Three trustees must agree to add an item to the meeting agenda without the chair’s approval.

Several trustees have spoken out against Vassar, who was appointed chairperson in 2023. Trustee and former Board Chair Diane Byrum spoke out in support of Scott. Trustee Dennis Denno said he supports Vassar. None of the other trustees have expressed support for either person.

Both Scott and Vassar are fairly new to the board, with Scott elected in 2018 and Vassar in 2020.

The board cannot remove a trustee from the board, that can only be done by the governor, or through a statewide recall by Michigan voters or during a regularly scheduled election.

Is a statewide recall possible?

MSU's Board of Trustees is chosen during statewide elections. They are partisan positions, with nominees placed on the ballot during the party conventions before the election.

In 2012, former Gov. Rick Snyder signed legislation that changed the recall process, making it harder to successfully petition for a recall vote by increasing the number of required signatures to place the issue before voters and reducing the days allowed to obtain signatures. Since then, no one in a state official has faced a recall vote.

For statewide offices, a petition must obtain a number of valid signatures equal to 25% of the votes cast for governor in the last gubernatorial election. A petition to recall an MSU trustee would need to collect more than 1 million signatures.

The law that went into effect during Snyder's tenure reduced the number of days provided to collect signatures from 90 to 60 consecutive days.

What can Governor Whitmer do?

In Scott’s letter, she called upon Whitmer to take action to remove Vassar from the board. Whitmer said she was “concerned” about the allegations, but stopped short of calling for Vassar to resign or agreeing to act.

"I'm taking it very seriously," Whitmer said. "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."

Whitmer said she wanted to wait until the internal investigations at the university are complete.

"I'm not going to render any judgment. I think we gotta get the facts," Whitmer said. "And, if at some point there's a role to be played, I am going to ensure that I go in in an unbiased manner and with as much information that's available. But these investigations have to play out."

State law does permit the governor to remove an elected board member "for gross neglect of duty or for corrupt conduct in office, or any other misfeasance."

According to the statute, "Such person shall be served with a written notice of the charges against him and be afforded an opportunity for a public hearing conducted personally by the governor."

Investigation into allegations

Trustee Dan Kelly, who is the chairperson of the board's Audit, Risk and Compliance Committee, said the school has begun an investigation into Scott's claims.

“I agree a review of whether these allegations rise to the level of a violation of our Code of Ethics and Conduct is appropriate," he wrote. “Following the completion of the review, any recommendations will be shared with the full Board, who I am confident will take the appropriate action in a fair and unbiased manner.”

The investigation began earlier this week, and there is currently no timeline for how long it will take.

Should this system remain in place?

Some say this situation never should have been allowed to happen, and that it is the fault of the two political parties and the method used to choose trustees.

“Michigan State, the University of Michigan and Wayne State University are the only schools in Michigan that conduct statewide elections to appoint board of trustee members,” state Sen. Ed McBroom, R-Waucedah Township, said. “Given the drama, it’s time we reevaluate this method.”

McBroom has introduced two resolutions to the Michigan Legislature. One would change trustee appointments for the three schools so they would operate the same as other universities in Michigan.

Candidates would apply and go through a selection process, then the governor would choose a person. They would be required to keep the political divide on the boards within one seat. Their decision would be confirmed by the state Senate.

The goal of the second resolution is to improve transparency at public institutions, McBroom said. Meetings of the schools’ governing bodies would be open to the public and the press, and all financial expenditures would be reported to the Legislature.

Impact on MSU presidential search

Trustee Denno has stated that the university will have a president by Thanksgiving, and added there is no reason to expect that won't happen.

Contact Sarah Atwood at satwood@lsj.com.

This article originally appeared on Lansing State Journal: What could be next for the Michigan State University Board of Trustees?