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- calendar_today November 2, 2026
MSU Trustee Contests New Board Ethics Policy
Michigan State University Trustee Mike Balow has initiated a federal lawsuit against the university's board chair, Briana Scott, and board secretary, Stefan Fletcher. The legal action challenges the constitutionality of the board's updated ethics policy, which Balow alleges silences dissent among university trustees.
Background: Policy Update Sparks Controversy
The MSU board's ethics policy was revised last spring, introducing provisions that require trustees to align with majority decisions and uphold the board's "fiduciary duties, including the duty of loyalty." This has sparked debate among board members, with some viewing it as a measure that undermines open discourse. Balow contends the policy's so-called 'loyalty clause' restricts trustees' ability to voice concerns or publicly question university policies.
Allegations of Viewpoint Discrimination
The lawsuit, filed with the support of the Foundation for Individual Rights and Expression, asserts that the updated code infringes on trustees' rights by penalizing public criticism of university leadership. The complaint states, "Under the board’s new rules, trustees may praise MSU’s leadership all they want, but they face sanctions if they publicly criticize it. That is blatant viewpoint discrimination, repugnant to our Constitution and political tradition." It further claims that both Balow and fellow Trustee Rema Vassar have been excluded from around 20 MSU events, ranging from significant university addresses to conferences, since refusing to sign the policy in May.
University Leaders Respond
Board chair Briana Scott defended the updated ethics policy, indicating it mirrors similar codes at other institutions such as Wayne State University. In her statement, Scott emphasized, "The purpose of the Code of Ethics and Conduct is to help ensure the Board can effectively govern... 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."
Second Lawsuit Filed by Another Trustee
Balow's legal challenge follows a separate federal lawsuit filed just a week earlier by Trustee Rema Vassar. In her complaint, Vassar alleges racial discrimination by the university president and other officials. An MSU spokesperson affirmed the university would respond through the established legal process.
Looking Ahead: Constitutional Questions and Board Governance
As legal proceedings move forward, Balow maintains that he and Vassar have been marginalized due to their refusal to endorse the updated code. According to Balow, even attempts to address the matter during board discussions have been dismissed without response. "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," Balow stated. The outcomes of these lawsuits could have significant implications for board governance and trustee duties at universities.
Source: bridgemi.com.
