MSU trustee made explicit hand gesture during meeting, report finds

EAST LANSING ― One of two Michigan State University trustees facing possible removal from state office for misconduct and ethics violations made an explicit hand gesture during a public meeting, a university investigation found.

Former Board of Trustees chair Rema Vassar, D-Detroit, made the gesture March 3, during the same meeting in which six of her fellow board members voted to censure her and ask Gov. Gretchen Whitmer to remove her from office.

Vassar’s raised middle finger during portions of the contentious meeting was later the subject of an investigation, the results of which were released May 22 to the board and were obtained by the State Journal Wednesday morning.

Vassar could not be reached for comment Wednesday morning.

It’s unclear where Whitmer stands on the issue of removing Vassar and fellow Democrat Dennis Denno. MSU forwarded its request to the governor’s office March 4, at which time Stacey LaRouche, press secretary to Whitmer, told the State Journal Whitmer was "carefully reviewing the request."

More than three months later, Whitmer’s office has not given any additional comment.

Investigation into meeting

Vassar raised her middle finger while her fellow Trustees Brianna Scott and Dianne Byrum were speaking, the report concluded. It does not say how long she continued to use this gesture.

"OARC staff review of the video clearly identifies the explicit gesture (displaying middle finger) for a prolonged period of time when Trustee Byrum was speaking and when Trustee Scott was speaking," the report said. "OARC understands the unusual circumstances of March 3, 2024, and acknowledges that explicit gestures have not been identified or disclosed as being previously displayed by Trustee Vassar."

To determine if an explicit hand gesture was made, the MSU Office of Audit, Risk and Compliance reviewed the recording of the March 3 board meeting, and a previous board meeting that took place virtually. The investigators also "reviewed the definition of middle finger in Wikipedia," according to their report, and then spoke with Vassar to gain additional insights.

During the late-night special meeting March 3 , Vassar resigned as board chair after outside investigators paid for by the university found that she and Denno had broken the board's code of conduct and ethics .

"Trustee Vassar stated that she had not seen the video and even though asked several times, she did not want OARC to play the applicable segment from the March 3, 2024, meeting," the report said. "[Vassar] stated that she did not make an obscene or explicit gesture. Trustee Vassar is accountable to the [Board of Trustees] and not viewing the video does not excuse her unprofessional behavior. During the meeting, she did note that she did not intend to offend anyone and apologized."

The Office of Audit, Risk and Compliance recommended that trustees' tone "should be collegial and respectful to avoid actions that may compromise or damage MSU’s reputation and create bad publicity for the university, the board, and for the trustees themselves."

The report also recommends the trustees forward its findings to Whitmer as she deliberates any next steps regarding Trustee Vassar. It also recommends providing Trustee Vassar educational opportunities regarding leadership and fiduciary responsibilities and educating all trustees on governance documents and what each trustee expects from one another in performing the role of the trustee.

The report also recommends trustees "intervene by pointing out and stopping inappropriate behavior or unacceptable conduct before it escalates, becoming normalization of deviance."

Next steps

During the April 12 board meeting , new Board Chair Dan Kelly said that after the investigation into Vassar's hand gesture was complete, the board would follow the recommendations given.

"If true, the board condemns this gesture," Kelly said. "The board is supportive of the OARC completing its review and any corrective actions it deems to be in alignment with its findings."

Emily Guerrant, vice president of communications for the university, said a report of Vassar's hand gesture came through a hotline where members of the MSU community can inform officials of potential misconduct.

During the March 3 special meeting, Vassar and Denno cast the no votes for censure and for referring misconduct allegations to Whitmer.

Trustees also voted to censure Scott, with Vassar the lone no vote, because Scott wrote and released publicly a letter alleging misconduct by Vassar, and in doing so violated attorney-client privilege. Scott voluntarily accepted the decision that amounts to a formal statement of disapproval from the board.

All three are Democrats, and Whitmer has not made any indication of removing the trustees.

A new Board of Trustees

The "no" votes also stripped Vassar and Denno of board assignments and from any liaison positions as well as any other duties except those involved with their elected positions.

The vote came after an investigation into the claims made in Scott’s letter found misconduct and violations of board rules.

"Of the allegations raised in the investigation, the ones of most concern to Miller & Chevalier are claims that Chair Vassar and Trustee Denno retaliated against Interviewees and claims that they undertook to launch personal attacks against Interim President Woodruff and the Faculty Senate Chair, (Jack) Lipton."

Vassar also accepted free flights and tickets for her and her daughter on a donor's plane to meeting with former Dean Sanjay Gupta to settle a lawsuit brought by Gupta over his forced resignation, according to a university investigation.

Vassar has maintained she did not violate codes of conduct. Her attorneys described the MSU investigation by Miller & Chevalier as "inaccurate," "incomplete," "flawed," and said it lacked due process.

Contact Sarah Atwood at satwood@lsj.com, or follow her on X @sarahmatwood.

This article originally appeared on Lansing State Journal: MSU trustee made explicit hand gesture during meeting, report finds