bacon1431

September 9th, 2019 at 2:02 PM ^

Scott and Tebay partially ran on accountability for this shit, which is why I voted for them. Despicable to be turning their backs on the survivors since Engler was ousted. I really don't get it. 

joedafan

September 9th, 2019 at 2:13 PM ^

The article says those two were in favor of the investigation.

Also, there are 8 trustees. Not sure where the OP is getting a 5-4 split from.

Edit: Scott was not in favor, sorry. She is the one who is being called out for going back on her reform campaign.

oriental andrew

September 9th, 2019 at 4:45 PM ^

Real bad look for Brianna Scott. She is apparently also the one who was pushing for the survivors on the selection committee to sign NDAs and COI forms, as well as stonewalling (with Byrum) the finalization of the committee's preferred vendor. 

It's hard to read that article and not to assume she just outright lied to get elected or is on the take somehow. 

https://www.brianna4msu.com/briannawill

Bring Accountability & Transparency for the Board of Trustees

Hollow words?

NittanyFan

September 9th, 2019 at 6:49 PM ^

Looking more closely at the 4-4 vote:

Trustees, term ends on Jan 1, 2021: Ferguson against "the investigation according to the needs and wants of the survivors", Mosallam for.

Trustees, term ends on Jan 1, 2023: Foster against, Schlichting for.

Trustees, term ends on Jan 1, 2025: Byrum against, Kelly for.

Trustees, term ends on Jan 1, 2027: Scott against, Tebay for.

That's a 1-1 split in all groupings.  Joel Ferguson - well, you knew what his opinion was going to be.  Foster isn't really a surprise either.  Scott was a surprise.

I guess it just takes time to pull out ALL the bad weeds from the root.  Ferguson HAS to go.  I don't live in Michigan any longer.  But I certainly hope those who do get rid of him when they have their chance next year.  Enough of him and his rot.

Robbie Moore

September 9th, 2019 at 2:40 PM ^

Two things:

1. A politician turning their back on a campaign pledge? Commence pearl clutching.

2. The MSU culture is so entrenched that it would take a nuclear bomb to even begin to erode the foundation. There is no difference between fat toad Republican John Engler and reform phony Democrat Brianna Scott. All part of the same amoral conceit. 

Credit812

September 9th, 2019 at 2:19 PM ^

So if I read this correctly, the sticking point seems to be waiving privilege for the Board.  None of the board members want to waive privilege, and there is some disagreement about whether a credible "independent" report can be provided without that privilege being waived.

Question for lawyers on the board (or anyone with expertise in this sort of thing), what does "privilege" mean for the trustees in the instance?  Do they not want to give up their private communications amongst themselves?  Why would the new board members care about that, if they weren't around for the Nasser mess when it happened?  Or is there something else that they are protecting?

joedafan

September 9th, 2019 at 2:36 PM ^

Not a lawyer, so I actually don't know anything. But based on my read of the article, I think the privilege has to do with specific documents that MSU claims cannot be accessed for...reasons. Basically like redacting information. It's not about their own personal communications.

The four in favor of the investigation wanted to have yet another independent review of the privileged information so that they could parse out what is eligible to be reviewed by the other independent investigators.

The four who are blocking the investigation will not agree to that.

The thing that I found really funny about Scott's statement regarding the problem of privilege is it is a problem of their own making. She is saying they won't waive privilege which means that the investigators can't do a good job, therefore they shouldn't waste their money. That sounds like an admission that the "privileged" information is critical to what investigators would find.

Edit:

Detroit News version provides more information.

"Scott, a lawyer, was referring to about 6,300 pages of documents for the investigation that spawned controversy and later involved a judge. MSU deemed those documents private as part of attorney-client privilege and refused to release them to the Attorney General's Office."

Also, Scott's excuse is that she believes that because of the privilege not being waived, the survivors will reject the report (her own made up opinion) and therefore it's not worth wasting time and money on it.

oriental andrew

September 9th, 2019 at 4:48 PM ^

IANAL and don't know the nuances either, but there needs to be a response to this statement in the article:

The plan would be for the special master to read the documents and see what factual or nonprivileged information could be separated out and given the law firm. MSU's outside law firm, the independent law firm and MSU's in-house lawyers told the board this would be a feasible way to keep privilege.

Scott, Byrum, Foster and Ferguson flatly rejected that argument.

Three separate legal teams - including MSU's own in-house legal counsel - signed off on the approach that the four trustees are unwilling to accept for... reasons. 

JamieH

September 9th, 2019 at 3:34 PM ^

Ever since Engler was hired to manage the s***show, it was obvious the entire MSU strategy was to bury everything as deeply as possible.  They have never had ANY intention of actually investigating things.  

turtleboy

September 9th, 2019 at 3:57 PM ^

It would be comical, at this point, were this something that didn't ruin so many live, but now it's shaking my faith in humanity at this point. How many different ways can they keep doing evil shit? People really will do ANYTHING if they think they can get away with it. I mean after a point you'd think this would hurt enrollment..

BahamaMama

September 9th, 2019 at 4:24 PM ^

Are they able to disregard the Department of Education/DeVos’ requirement for an independent investigation without penalty? And the new president isn’t going to step up and do something about the issue - not unless he wants to look for a new job.

Maize4Life

September 9th, 2019 at 4:47 PM ^

LOLOLOL   its unimaginable how BAD MSU has handled all of it..Of course they dont want the REAL Truth to come out because Izzo and Dantononio will be implicated

UMinSF

September 9th, 2019 at 6:22 PM ^

I've always been led to believe that when there's real malfeasance (certainly like MSU in this case) the best path forward from a risk management perspective is to aggressively take your medicine - full disclosure, open process, accountability, defined plan for future.

Sure it's painful, but at least you draw a clear line. What happened is in the past, and things will be different going forward.

Obfuscation, stonewalling, delay tactics were thought to only drag out the pain and increase institutional distrust.

It seems these days a strategy of "lie lie lie, deny deny deny" is in vogue. Despicable.