Michigan State Board of Trustees censure 2 members for not signing new code of conduct

Michigan State University Trustees Rema Vassar and Mike Balow both voted against a revision to the board's code of ethics last month, and when it passed, they both refused to sign. 

Now, the two members' privileges have been revoked. 

"You all know how to act, so just act with good sense; that's what I would think," said Vassar during Friday's board of trustees meeting. 

The new code of conduct bars trustees from dissenting publicly against decisions made by the majority of the board. It passed by a 5-3 vote late last month. 

"The MSU amendment effectively converts a standard ethical guideline into a compliance weapon designed to specifically to silence or punish dissenting members of an elected body," said Balow. 

Already, Vassar and Balow had their tickets to the Mackinac Policy Conference revoked for not signing the new code of conduct, and this formal censure means they won't have access to tickets to games, university-funded legal representation or reimbursements. 

Trustee Rebecca Bahar-Cook disagreed with the claim that the new policy violates the First Amendment. 

"It does not prohibit free speech; it allows people to talk in committee right here on the board floor in a work session. What we're trying, what we have done through this change, is to tell a minority contingent of the board that they don't have the right to reexamine and stop progress moving forward if they do not get their way," Bahar-Cook said. 

It's a move that the Foundation for Individual Rights and Expression (FIRE) has opposed. The organization wrote a letter to the board urging members to revoke the new code of conduct. 

"I actually think one of the most troubling aspects of the policy is this idea that this agreement must stop once the board has voted on an issue or made a decision," said Aaron Terr, director of public advocacy at FIRE. "It can't confine disagreement to deliberations before a vote and then compel silence afterward. Trustees really shouldn't be pressured to remain silent after decisions are made." 

In a statement to CBS News Detroit, Michigan State University says that the revisions to the code of conduct "... in no way limit free speech or restrict trustees from raising concerns, providing oversight or questioning decisions." 

Terr said FIRE is waiting on a response from MSU and, in the meantime, is considering legal action if the new code of conduct stands.