Two Michigan State University trustees have filed federal lawsuits challenging restrictions tied to the board’s revised ethics code.

Trustee Mike Balow filed his case Oct. 28 against Board Chair Brianna Scott and board Secretary and Chief of Staff Stefan Fletcher. Trustee Rema Vassar filed a separate case Oct. 20 alleging discrimination and retaliation by current and former university officials.

Balow challenges speech restrictions

Balow’s complaint, filed in the U.S. District Court for the Western District of Michigan, argues that the code violates his constitutional rights by restricting public criticism of university leadership and board decisions.

He is suing Scott and Fletcher in their official capacities. The Foundation for Individual Rights and Expression, which represents him, announced the lawsuit Oct. 28.

Balow refused to sign the required acknowledgment of the code. His complaint says the board censured him June 12 and that officials withheld access to events, travel support and other resources he considers necessary for his trustee duties.

He is asking the court to declare the challenged provisions unconstitutional and stop their enforcement.

Vassar alleges discrimination and retaliation

Vassar filed her case in the U.S. District Court for the Eastern District of Michigan, according to the public docket listing.

She alleges that university leaders discriminated against her because she is a Black woman and imposed unequal sanctions, WILX reported. Her allegations concern her departure as board chair, restrictions on trustee privileges and committee assignments, and the revised ethics code.

The defendants include President Kevin Guskiewicz, Scott, Fletcher and other current and former university officials.

What the code requires

MSU’s official policy shows that the board revised its Code of Ethics and Conduct on May 17. It was originally adopted in 2020.

The code directs trustees to support majority board decisions and raise opposition before board action in appropriate settings. It requires a signed acknowledgment and establishes sanctions for refusing to sign, including censure and loss of specified privileges.

Scott disputes the claim that the policy prevents oversight. In a statement to Michigan Advance published Oct. 30, she said it establishes governance standards rather than restricting trustees from raising concerns or questioning decisions.

Board meeting schedule

Neither lawsuit is listed as a separate item on the board’s published Oct. 30 agenda. Scheduled business includes committee reports, a research presentation and proposed ordinance revisions.

The agenda lists Balow on the Audit, Risk and Compliance and Student Life and Culture committees. It lists Vassar on the Budget and Finance and Academic Affairs committees.

MSU’s Academic Governance schedule lists the next board meeting for Dec. 11.