Miller Law has represented Vassar since December 2023, a month after the university announced it would hire an outside firm to investigate claims that Vassar abused her role as chair. 

MSU General Counsel Brian Quinn signed a contract at the time agreeing that the university would pay for Miller Law’s work during the investigation, records show.

The results of the investigation, which was conducted by law firm Miller & Chevalier, were released in February 2024. Miller & Chevalier found that Vassar and trustee Dennis Denno broke board policies by interfering in university affairs and using student groups to orchestrate “attacks” on colleagues, among other things. 

The report recommended the governor consider removing Vassar and Denno from the board. Vassar stepped down as board chair shortly after, remaining on the board as a trustee.

After the report was released, Quinn told Miller Law that MSU would stop paying for Vassar’s legal representation, spokesperson Emily Guerrant said . 

“The board considered the matter done” after the Miller & Chevalier report finished and decided Miller Law’s services were therefore “no longer needed” by the university, Guerrant said. The board has the authority to revoke or grant indemnification of individual trustees, according to university policy.

“Any of the invoices (from Miller Law) we received after that point, the university has not paid,” Guerrant said.

Miller Law, however, says it continued representing Vassar after the report was released and should be reimbursed for doing so.

“There was never anything in writing or orally to indicate that the (release of the) report somehow cut off the investigation or our representation of her,” said Kevin O’Shea, one of Vassar’s attorneys at Miller Law.

MSU’s decision not to continue indemnifying Vassar was “an attempt to prevent Dr. Vassar from responding to the report," O'Shea said.

Quinn's notice to Miller Law that MSU would stop indemnifying Vassar wasn't valid, O'Shea argued, since that decision can only come from the board.

"If the Board of Trustees wanted to end our representation they could do so, but he didn't have the authority to do that," O'Shea said.

Guerrant said that Quinn was acting on behalf of the trustees. 

Miller Law continued to do work for Vassar after the investigation ended, like releasing a 22-page response to the Miller & Chevalier report, which argued the findings of widespread misconduct were poorly supported and that the investigators were biased.

The firm also plans to continue representing Vassar as it waits for Gov. Gretchen Whitmer to decide whether to remove her from the board, O'Shea said. A spokesperson for the governor said on Wednesday that Whitmer is still reviewing the decision.

A lawsuit against MSU is Miller Law’s “last resort” if the university doesn't change its mind, O’Shea said.

“It’s not something we prefer to do, of course, but we will bring a lawsuit to get the money if needed,” O’Shea said. “We’re still open to a discussion with the university, we just haven’t heard from them.”