Michigan State University trustee files lawsuit over ethics policy

Michigan State University Trustee Mike Balow has filed a federal lawsuit against board Chair Briana Scott and board Secretary Stefan Fletcher, alleging that the university’s updated ethics policy is unconstitutional.

The lawsuit, filed on Balow’s behalf by the Foundation for Individual Rights and Expression, claims the policy constitutes viewpoint discrimination. The updated rules, implemented last spring, include provisions requiring trustees to support majority decisions and act in accordance with a duty of loyalty. Critics argue these clauses function as a loyalty requirement that silences dissent, while supporters maintain they reinforce fiduciary responsibilities.

Board Chair Briana Scott defended the Code of Ethics and Conduct, stating its purpose is to ensure effective governance for students, faculty, staff, and the public. Scott noted that similar provisions exist at Wayne State University and compared the structure to rules followed by state lawmakers.