'We helped elect you': Nassar victims ask board to release thousands of documents

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LANSING — A group of women and advocates who sued the university in July over what they said were “secret decisions” by trustees about releasing thousands of MSU documents related to Larry Nassar's time at the school served a new lawsuit Friday.

The lawsuit was not immediately available, but it's the same as the one filed earlier this year, although the matter has been moved from Ingham County Circuit Court to the Michigan Court of Claims, MSU spokesperson Emily Guerrant said. That was done so the university could easily accept service of the suit, Guerrant added.

A crew from Michigan State University's Infrastructure Planning and Facilities department cleans the top of the Beaumont Tower with a power washer on Monday, Aug. 17, 2020, on campus in East Lansing.
A crew from Michigan State University's Infrastructure Planning and Facilities department cleans the top of the Beaumont Tower with a power washer on Monday, Aug. 17, 2020, on campus in East Lansing.

Survivors and advocates called on individual members and the board to vote on releasing the documents long sought by Attorney General Dana Nessel by the end of Friday's meeting. The board did not make such a motion.

They say the school refused to give the attorney general’s office more than 6,000 documents for an investigation into how Nassar was allowed to get away with his behavior, and later wouldn’t turn over emails about the board of trustees’ decision-making. The school has said the documents are protected by attorney-client privilege.

“We are here today to show two things — how this board has taken actions to hide its decisions and how board members have kept the public from hearing exactly where each of you stand on covering up for anyone on this campus who knew about the illegal actions with Larry Nassar,” said Angelika Martinez-McGhee, a member of Sister Survivors.

Other speakers targeted board members directly, highlighting what speakers described as trustees' apparent inaction on this issue following previous public statements of support for survivors.

“Dianne, you have shown no compassion, have not shed one tear over the anguish your actions have caused,” said Melissa Hudecz to trustee and former Chairwoman Dianne Byrum.

More recently elected members of the board came under further scrutiny from advocates who feel they were misled on their commitment to support survivors.

“We helped elect you,” Kristin Nagle told trustee Kelly Tebay. “We have called on you to represent us and all we have seen is you crying, lying, cruel crocodile tears — very insincere sorrow, very pretended sorrow.”

“We are sitting here today, many years later looking at you and we see the kind of person that you campaigned against,” Martinez-McGhee said to trustee Brianna Scott.

“One day we're all going to meet God. And I just want you to take a moment to think about what you're going to say to him when you meet the promise keeper,” she added.

Board chair Rema Vassar directly addressed some speakers. “I'm doing my best,” Vassar said. “I hear you, and I'm doing my best.” She paused for a few seconds in silence before moving onto regularly scheduled business.

Michigan State has been criticized for its handling of the Nassar investigation and its dealings with survivors in the aftermath of his arrest and conviction.

The plaintiffs want the school to turn over emails and other communications about decisions trustees may have made out of the public eye, to have a court declare that Michigan State violated the Freedom of Information Act and to compel the university to comply with both FOIA and the Open Meetings Act going forward.

The school has settled lawsuits filed by Nassar victims for $500 million. Nassar was sentenced in 2018 to 40 to 175 years in prison after he admitted to molesting some of the nation’s top gymnasts for years under the guise of medical treatment. He was accused of sexually assaulting hundreds of women and girls.

Former Attorney General Bill Schuette began an investigation into MSU's handling of complaints against Nassar, and that investigation was continued by Nessel. Nessel closed her investigation in 2021 but has sought the documents several times in hopes of giving closure to the hundreds of women and young girls molested by Nassar.

Trustees rebuffed her most recent request at an April public meeting.

"We will maintain attorney-client privilege," Vassar said. "This might not be what you want to hear. I’m sure it's not. On behalf of the board, please know I’m sorry.

"We will continue to devote time and resources to a healing culture. We are committed to treating you with the respect and care you deserve. I apologize personally and on behalf of this board.”

Asked on Friday if the board would have a new conversation about access to the documents, Vassar said, "yes, we will."

Advocates on Friday said they continued to be disappointed in the board's lack of public action on matters regarding Nassar.

"I can't even describe the level of exhaustion that I'm feeling, my sisters are feeling, other survivors are feeling because we have to always show up and fight for something that was already promised," Martinez-McGhee said.

Jennifer Hayes, a survivor and advocate, said she wanted to finally close the door on this chapter of her life "so that I can fully start to heal."

"Why wouldn't they release them? There has to be a good reason that they know," she said. "Who are they protecting? I really would like for, if there's any incriminating individual, that they can be held accountable."

Assam Elder, an attorney representing the groups, said he hopes the litigation will compel them to release the documents.

"They still have the power to provide what the survivors want, which is closure," he said. "

Lansing State Journal reporter Mike Ellis and the Associated Press contributed to this report. Contact Sheldon Krause at skrause@lsj.com. Follow him on Twitter @sheldonjkrause.

This article originally appeared on Lansing State Journal: Nassar victims ask MSU board to release thousands of documents