(Source: MIRS.news, Published 12/15/2023) The Michigan State University Board of Trustees (BOT) unanimously voted Friday to release long-requested documents related to the sexual abuse scandal of former Michigan State University (MSU) sports physician Larry Nassar.
MSU Trustee Dennis Denno said the decision stemmed from the fact that the last Nassar lawsuit had been settled, and “momentum had been building with the current board to get this done and do the right thing.”
“This is all about transparency. This is all about justice,” he said. “This is about listening to survivors and their families.”
The decision is the end result of a long tug of war between Attorney General Dana Nessel, Nassar survivors, Michigan’s legislature and the Board, that started with document requests back in 2018.
Nearly 400,000 documents have already been produced for the AG’s investigation into Nassar’s sexual misconduct at MSU, but the University has until now continued to withhold over 6,000 more, citing attorney-client privilege, meaning communications between the attorney and client are confidential.
In 2021, the Board’s continued refusal to share documents resulted in Nessel closing the investigation though it was reopened in January 2023.
More recently, a group called Parents of Sister Survivors Engage (POSSE) sued MSU for a violation of the Open Meetings Act, alleging the Board made closed-door decisions on Nassar issues when it walked back previous promises to release the more than 6,000 documents requested by Nessel's office.
Prior to being elected, the five new MSU trustees made public pledges to move away from the Board’s 2018 stance of attorney-client privilege, but despite Nessel writing to the Board and renewing the request on April 14, 2023, the promise wasn’t upheld.
Friday, the Board voted unanimously to change that decision, and release documents that include email and text communications with MSU leaders and employees, records of internal complaints and MSU personnel files.
The documents will be redacted for things like personal privacy, HIPAA and information unrelated to the investigation, along with being reviewed by General Counsel Brian Quinn, according to the board’s resolution.
Denno said this is to ensure HIPAA guidelines and other requirements are being adhered to, along with protecting the names of survivors.
The resolution also discussed the history of the documents, along with calling for the University to develop a trauma-informed plan to support those who could be affected by the documents’ release.
In response, Nessel released a statement expressing her appreciation for the opportunity to review the documents, reopen and expedite the investigation.
“The students, the MSU community at-large and most importantly, the victims of Larry Nassar have long been owed this transparency,” Nessel said. “I am encouraged to see the MSU Board of Trustees finally make the right decision on a long-promised, and long-delayed, measure of transparency.”
Former Attorney General Bill Schuette, Michigan’s AG at the time Nassar was sentenced, said it’s been a “long wait, one challenging for the Sister Survivors, but the MSU Board of Trustees have finally released the important documents I asked for in 2018 concerning the horrific behavior of Larry Nassar.
“I and my team, led by Angie Povilaitis, put Larry Nassar behind bars and the release of these files is an important step forward towards an open and transparent review of the actions within MSU,” he said.
