voted 5-3 to add provisions

Members of Michigan State University’s governing board could face sanctions or removal for speaking out against their fellow trustees’ decisions under an amendment to their code of ethics and conduct approved Sunday evening. 

In a 5-3 vote, the board added several provisions seemingly tailored to tamp down on infighting within the embattled university board. 

One section states, “We shall not divulge to an unauthorized person, confidential information acquired in the course of trustee service in advance of the time prescribed for its authorized release to the public.”

The amendment also bars trustees from representing their personal opinions as that of the university, and states that trustees will not undermine decisions made by the majority.

“After Board action, We will act consistent with our fiduciary duties, including the duty of loyalty – we will embrace the principle of loyal opposition and raise issues of concerns in appropriate settings, in advance of Board action, and protective of the integrity of the Board’s deliberations and processes,” one amended section states.

Trustees Mike Balow, Dennis Denno and Rema Vassar voted against the resolution, with both Balow and Vassar raising concerns about the legal implications of the amendments. 

“I am a popularly elected constitutional officer of the state of Michigan. The Michigan Constitution grants this board its authority. It does not authorize this board to strip my First Amendment rights, compel my signature under threat of punishment, or design an amendment process engineered to silence me permanently,” Vassar said before the vote, noting she would be following up with Attorney General Dana Nessel regarding constitutional questions raised by the amendments.

Board Chair Brianna Scott said the amendments are an update to the code of conduct, and do not prevent free speech.

Trustees who do not sign a statement of acknowledgement agreeing to follow the code of conduct’s terms will face sanctions including public censure, loss of privileges such as complimentary access to university sporting events, and removal from any leadership position on the board.

Members will have until 5 p.m. May 24 to sign.