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Two Michigan State University trustees are being censured by their colleagues after declining to agree to an updated ethics policy.
Trustees Mike Balow, a Republican from Plymouth, and Rema Vassar, a Democrat from Detroit, were censured during Friday’s MSU Board of Trustees meeting for declining to agree to the new code of conduct that references a “duty of loyalty” and limits their ability to dissent from majority board decisions.
Trustees were required to sign a statement saying they would adhere to the new rules by 5 p.m. May 24, one week after the updated policy was passed in a 5-3 vote. Balow and Vassar did not sign the pledge.
Trustee Dennis Denno, a Democrat from East Lansing, joined Balow and Vassar in voting against the policy.
Denno signed the pledge two days after the deadline, but he voted against censuring the members who did not.
Still, the censure passed 4-3, with Ann Arbor Democrat Kelly Tebay absent from Friday’s meeting.
The censure is a statement of disapproval from the rest of the board. Consequences for not agreeing to follow the updated policy include losing free tickets to athletic events and other activities trustees don’t need to attend in their official capacity, losing reimbursements for optional travel and facing removal from board and committee leadership positions.
Vassar and Balow had their credentials to the Mackinac Policy Conference in late May revoked because of their refusal to commit to the rules.
Balow said he is not aware of any other university with a code of conduct that includes a mandatory signature deadline with automatic penalties for elected trustees.
“The MSU amendment effectively converts the standard ethical guideline into a compliance weapon designed specifically to silence or punish dissenting members of an elected body, which is why it is being viewed as a unique anomaly in American higher education,” Balow said.
Vassar criticized the policy for restricting the free speech of trustees and their ability to govern independently as statewide elected officials.
“I’m here because the people of Michigan deserve elected representatives who can speak freely about the issues and concerns that put them here,” Vassar said. “I was put here to raise hard questions. I think that no trustee should be silenced by the institutions they are sworn to govern.”
Rebecca Bahar-Cook, a Democrat from East Lansing, said the policy does not prohibit free speech, and debate about board actions is allowed in appropriate settings, like board meetings.
“What we have done through this change is tell a minority contingent of the board that they do not have the right to re-examine and stop progress from moving forward if they do not get their way,” Bahar-Cook said.
Bahar-Cook pointed to the discussion about the censures as an example.
“This is a public board meeting, and we’re discussing a very serious issue, and this is where it should be done,” Bahar-Cook said. “All of you have access, it is being shown publicly, and this kind of disagreement and agreement is exactly where it should happen. My issue is taking it outside into environments that don’t have the context of what all of you have, and anybody watching has today.”
The updated ethics policy was passed during a special meeting in May where trustees also voted to offer President Kevin Guskiewicz a nearly $1 million raise.
But Guskiewicz announced that he would leave MSU to lead Clemson University despite the offer, citing the behavior of some board members as a factor.
He said some trustees have undermined decisions and abused their access to confidential information to promote personal agendas.
Vassar and Denno were censured by the board in 2024, and the board requested Gov. Gretchen Whitmer remove the trustees, which she declined to do, though she was critical of the “antics” of a “handful of board members” following Guskiewicz departure.
Vassar and Balow held a press conference at the Michigan Capitol earlier this month, where they asked legislators and the attorney general to exercise oversight of the ethics policy, which they contend is unconstitutional and violates their rights.
They recognized the possibility of being censured during the press conference, though Vassar called it an “ambush.”
“I would bear 1,000 sanctions for doing my job properly, and I would do that with a smile on my face,” Balow said.
The upheaval on the MSU Board of Trustees has led the state Legislature to consider a change to how public university boards are established. Rather than being elected, new proposals would change the position to one appointed by the governor.
