Michigan State University Trustee Rema Vassar sent a 23 page pre-litigation demand to university officials claiming she has been discriminated against during her tenure on the board.
On behalf of Vassar, attorney Martin Shepherd of Mavacy PLLC wrote that the defendants in her lawsuit face more than $25 million in potential damages.
The demand outlines that Vassar believes fellow trustees and the university repeatedly violated MSU board policy to attack her because she is a Black woman.
"The historic significance of her chairmanship — first Black woman in 168 years — has been transformed into a public narrative of forced removal," the demand wrote.
The document was sent out hours before the board held a last minute special meeting on May 17 approving revisions to the board’s code of ethics and conduct and a $1 million raise to the university president’s salary.
The pre-litigation demand says that if a lawsuit is filed, they will name MSU, the Board of Trustees, Board Chair Brianna Scott, former trustee Dan Kelly in his individual and official capacity, MSU General Counsel Brian Quinn, former trustee Dianne Byrum in her individual capacity and "other persons" who are named in the document.
The demand gave the university until June 17 — 30 days after it was filed — to respond. If the university does not provide a "meaningful" response, Shepherd will file the lawsuit in federal court. That deadline is just five days after the board’s next regularly scheduled public meeting on June 12.
"If this turns into litigation, we plan to fight it," Vice President of MSU Communications Emily Guerrant said on Wednesday night.
A pre-litigation demand is a step a plaintiff can take to warn the defendants of future litigation. Guerrant confirmed that the university has not yet been served an intent to sue, the first step for a lawsuit.
Vassar says that she was "attacked" following a 2023 letter sent by Scott alleging misconduct on behalf of Vassar. "No comparable pressure campaign has ever been mounted against any white trustee for governance-related conduct," the pre-litigation demand wrote.
Following the letter, a Washington D.C. based law firm, Miller Chevalier, conducted a third party investigation into the claims. The conclusions of the investigation found Vassar had committed some misconduct, but not all that was alleged in Scott’s letter.
The demand referenced multiple instances of alleged unfair discrimination, one of which being an investigation into her allegedly holding up an "inappropriate hand gesture" during a March 2024 Zoom meeting.
Another instance is the public response of five trustees to a State News article published in April, outlining issues Vassar, trustees Mike Balow and Dennis Denno had with Quinn. Vassar says that she has been a "recurring object of this kind of public condemnation by the same board faction since 2023."
Vassar’s term started in January 2021.
Vassar did not respond to multiple requests for comment Wednesday night.
Within her list of demands, Vassar requests:
Denno was also found guilty of misconduct in the same investigation as Vassar. Denno, Vassar and Scott were all censured as an outcome of the investigation.
The demand went line by line through Scott, Byrum, Kelly, trustee Renee Knake Jefferson and Quinn who have allegedly committed similar violations of the board’s policies, but have not been censured or reprimanded in any form.
Vassar also claims the newly revised board’s of code and ethics is a "first amendment prior restraint and compelled speech" violation.
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