Michigan State University has expanded the scope of an outside investigation at the Board of Trustees' request, now asking lawyers to probe the source of a recent State News story reporting on the privileged document that spurred the investigation in the first place.
The investigation — which is being conducted by the law firm Jones Day — was initially narrowly focused on who at MSU may have leaked the identity of Brenda Tracy, the rape survivor and advocate who the university found to have been sexually harassed by fired football coach Mel Tucker.
Shortly after the investigation began, The State News reported that it was spurred by a privileged communication to MSU from Tracy's attorney accusing "someone associated with MSU's board" of leaking Tracy's identity to local media.
MSU then expanded the scope of the Jones Day probe, asking the firm to investigate who supplied The State News — a nonprofit student newspaper that operates independently from the university — with that privileged document, MSU spokesperson Emily Guerrant said Monday.
The expansion was requested by MSU's board and carried out by the administration, Guerrant said.
MSU's board and administration are separate. The administration, led by the president, runs the university day-to-day, while the board, which is elected statewide in partisan races, is tasked with overseeing the administration and making big-picture decisions.
Jones Day's investigation was ordered by the administration.
Guerrant said the administration was receptive to the board's request for an expanded scope because "it was related enough that it was an appropriate ask of Jones Day."
It's unclear how the firm's work will end.
MSU has not said whether they plan to waive privilege over the firm’s findings, making them available to the public. The university has not said what those findings will look like.
Some past independent investigations ordered by MSU have resulted in detailed reports with findings and recommendations for change. Others have been verbally delivered to university leaders to ensure the findings can't be leaked or obtained through public records requests.
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