Public Statement from Trustee Jefferson at Board Meeting 10/27/23

October 27, 2023

Trustee Renee Knake Jefferson Statement

 While I do not speak to the media about the business of the Michigan State University Board of Trustees based on our Code of Ethics and Conduct (see paragraphs 8 and 9), I am speaking to the MSU community today in light of the letter from Trustee Brianna Scott, the responses from Chair Rema Vassar in the media, and the MSU Faculty Senate Resolution calling for Vassar’s resignation.

According to an October 24, 2023 Chronicle of Higher Education article, Vassar remarked that I feel “aggrieved” because my colleagues voted for her over me as chair earlier this year. I’d like to set the record straight. But first, assuming this quote is accurate, I would ask Chair Vassar to stop attacking me. There is nothing here to fight over with me. I am not the reason why Trustee Scott wrote her letter, and I am not responsible for Vassar’s conduct that is exposed by Scott’s letter. This has nothing to do with a trustee’s feelings. We are faced, instead, with critical questions of leadership. We must deal with these matters professionally.

Here is what is true. I do not feel the least bit aggrieved about not being chair. I was relieved, not aggrieved. I do not aspire to be chair. I did not run for chair two years ago. And I will decline again when, under our new process of rotating the chair, my turn comes. I was willing to assume the role this year only because my fellow trustees asked me to. Two of them changed their minds the morning of the vote, one texted me shortly before the vote and the other sprung the news when she cast her vote live. I have respected their decisions. None of that should detract from the serious information Trustee Scott has brought forward.

In that same Chronicle of Higher Education article, Vassar described Trustee Scott’s letter as “an old-style political hit job.”  One thing I can state without question is that politics are not the issue. Although I am an elected trustee, I view my role as one of public trust and my obligation entirely to the University’s interests, not my own. Before my appointment to this Board I had never declared a political affiliation and had never contemplated running for elected office until after I was appointed to this position in 2019. I am an academic and an attorney, and I serve as a volunteer to promote higher education. But for those who see only politics, I am of the view that even politics must defer to higher ethical values – especially when the goal is to serve our students in the public interest.

And it would be strange anyway to accuse Trustee Scott as politically motivated when she, herself, voted to elect Rema Vassar as chair.

I find it regrettable that circumstances compelled a trustee to decide that public exposure is the only viable way to address grave concerns about the leadership on this Board. But we have tried to resolve these issues internally. Since January 2023, Board members have each undergone at least 15 hours of training with three different experts on board governance and communication. We have asked questions and raised concerns that have gone unaddressed.

In full transparency to the MSU community, I want to share with all of you now what I know about the items Trustee Scott included in her letter.

1.     Negotiation of Gupta Settlement. During the February 9, 2023, BOT work session, the Board was informed (and no one seriously disputes) that Vassar had engaged in settlement negotiations with Gupta (including authorizing the Board’s law firm, Quinn Emanuel, to draft a joint statement). At the time, the Board had not yet been named in the lawsuit. It is also true that the interim president, who was herself a defendant in that lawsuit, communicated to us that the Chair’s actions undermined the University’s ability to reach a resolution. In short, what Scott reported is accurate.

2.     March 31, 2023 Release of the Quinn Emmanuel Report. During the February 10, 2023, public meeting, the Board voted to release the QE Report, but set no deadline for its publication. After that vote, Gupta sued the Board. Quinn Emmanuel and our own General Counsel advised the Board to delay the release of the report. Vassar rejected the lawyers’ advice and released the report the day Quinn Emmanuel made it final. Again, what Scott wrote is accurate.

3.     AG Office Communication Regarding the Nassar Documents. I have no direct knowledge of Vassar’s discussions with the Attorney General’s office. I have read the State News article quoting Attorney General Dana Nessel as explaining “that Vassar had asked her to send the recent letter re-affirming the demand for the documents’ release.”  

4.     Advertisement – Spartan Wealth Management and Vassar. I have seen this advertisement in the Lansing State Journal. I have no other knowledge about it. The picture speaks for itself.

5.     Text Messages with Former Trustee. I have read the Deadspin and State News articles and seen the text messages produced in response to media FOIA requests. The messages, which involve victim-shaming and fake plots to remove the interim president and University general counsel,  speak for themselves.

6.     Leak of Claimant Name and Related Investigation. I learned of the claimant’s name in the matter involving the former football coach for the first time in the news reports of September 10, 2023. On September 11, the Board learned that a particular member of the Board was alleged to have leaked the claimant’s name. I have fully cooperated with the Jones Day investigation, including sitting for an interview and agreeing to a process proposed by Jones Day for a search of my personal phone several weeks ago.  

7.     February 13 After-Action Review. On September 29, 2023, the independent firm Security Risk Management Consultants briefed the Board about its final After-Action Review report. One of the conclusions found that some members of the Board acted “beyond their expertise” and “their appropriate role.” Vassar was one of those four members. A trustee disputed the consultant’s findings. Vassar suggested to the consultants that they meet with this trustee before publicizing the final report to address the concerns and take them into consideration. The version of the report released to the public, which is accurately depicted as “watered down” from the original version, speaks for itself.

8.     Private Jet Use. My only knowledge about Vassar’s use of private jets is that the chair of the Audit, Risk, and Compliance Committee stated during a recent BOT work session she should not have taken the trips. When a question was raised about whether fair market value should be paid under Board policies, Vassar stated, in clear terms, that she would not do so.

9.     Interference with the Interim President. I have no direct knowledge about meetings with Lansing officials by Vassar that occurred without the interim president, though I have read Mayor Schor’s statement confirming the meeting. I also have read the interim president’s statements where she does not refute any of the facts alleged by Trustee Scott regarding bullying and overstepping into the president’s duties, and calls work with Vassar “challenging.”  

10.  Bylaw Amendment to Chair Selection. The recently adopted amendment changing the chair selection process is a reform that the Board has been considering since at least 2019. Vassar stated during the work session that she would publicly call those of us supporting this change “racist,” and she followed through with that threat after the vote. As Trustee Scott wrote in her letter, race played no role in that vote.

I appreciate that Trustee Scott’s letter has been referred to Audit, Risk, and Compliance for a full investigation, which will be conducted by an independent third party.

I believe the Board also must consider reforms to our policies and procedures related to ethics, conduct, and conflicts of interest, especially on how we hold each other accountable. Everything we have seen this year reinforces the urgency of that review.

I am proud to serve the University as a trustee. It is an amazing institution of higher learning. I have learned so much about its positive impact on its students, alumni, our state, our country, and the world through the work of our faculty, staff, and administrators. All of us, as trustees, should be laser-focused on advancing the University’s interests. My hope is that this moment of transparency through Trustee Scott’s letter will allow us to do exactly that in the coming days and years.

Public Statement from Trustee Jefferson at Board Meeting 10/28/22

Renee Knake Jefferson Statement 10/28/22

You may wonder why I haven't spoken out publicly about the recent controversy. Two reasons:  First, I believe that trustees speaking individually is not in the university’s best interest. Second,  our Board of Trustee Code of Ethics and Conduct (adopted during my time on the Board – see here) prohibits a Board member from taking stances about Board business outside of official channels.

So I have tried a different approach.  I asked the Board to present a unified response to various votes of no confidence.  Unfortunately, the Board has rejected this suggestion.  Our silence has allowed false facts to dominate the debate, so I find it imperative to speak,  not on behalf of the Board, but as an individual.

I am a professor and  I am a law school administrator, in addition to my volunteer service as a trustee.  And so I certainly respect the process for academic bodies to take a step like a no confidence vote.  Yet while the Board has been criticized from acting outside of its role, the no-confidence votes have stated grounds that are inaccurate, and that I believe require correction.  

I want to be clear about this:  from the moment I was appointed to the Board in December 2019, I have diligently fulfilled my governance obligations while simultaneously advocating for Title IX to be the floor (i.e. our minimum legal obligation) but not the ceiling for all that we do to keep students, faculty, staff, and the entire Spartan community safe.

Here are some examples.

Before I took office, the Board refused to release to the public the Nassar documents.  I reviewed them myself.  One could envision a vote of no confidence for this decision because it is true that Board members should not be involved in the day-to-day management of the university. But, I viewed this as a governance obligation given the circumstances of my appointment (another trustee had resigned over disagreement about the documents and the Board was in crisis -- if you want to know more about this, please see my public statement from the Board meeting in December 2020, here). This took many hours over the course of a year, and I was the only trustee to complete this task. I did it because it was the only way to know whether those responsible had been held accountable.

As another example, when I learned that the university had no formal policy for evaluating presidential performance, I surveyed other universities and the Association for Governing Boards, and urged the Board to adopt and implement a formal policy.  I am proud to say this is now official policy on this campus. This brought an unprecedented level of transparency and accountability to the review of the president.  I expect this will be the standard from this point forward.

Soon after we hired the provost, I discussed with her how the university could improve the faculty discipline process when an instance of faculty misbehavior does not rise to the level of an official finding under Title IX.  In other words, what happens when there is a red flag that cannot be officially prosecuted but bears not only examination but remedial intervention?  This kind of conduct, that no one here would want our students or faculty to endure, should be curbed no less than blatant instances of egregious harassment. This led to the policy the Board adopted earlier this year on faculty discipline (see here), among other changes. I have been a constant champion of structural reforms to improve policies and procedures at MSU for greater accountability, transparency, safety, and healing, and I will continue to do so.

This is also true related to the issues surrounding the certification process for reviewing employee-related Title IX reports and the provost's decision regarding the leadership of the Broad College of Business.  In each case, despite contrary reports, editorial board opinions, and no-confidence votes, I have scrupulously complied with my obligations in sometimes tense internal conversations with the Board and the administration. I have supported the provost’s right to make a decision about College leadership, both in my direct communications with her and also in my public vote approving her recommendation for an interim dean of the Broad College of Business.

I have not interfered with administrative decisions. Indeed, I have not attempted to override the ultimate determination of the administration even when I have agreed with you, Faculty Senate, and you ASMSU, and others on those issues.  For example, the Faculty Senate raised concerns with the Board about greater transparency in the president’s hiring of executive level posts, especially internal hires. I have advocated for greater transparency and uniformity in these processes but I also have deferred to the administration. As another example, ASMSU has advocated for restoration of the swim and dive team. I also have long believed this is the right course. 

The Detroit Free Press reported September 11 that the Board threatened the president with termination.  But that is not true.  While the press cannot be accurate every time, it is nevertheless shocking that it was so wrong on a verifiable fact.  I would also like to correct another unfortunate perception:  the president’s decision to resign was his alone.  It was not precipitated by a Board vote.  In fact, the Board was engaged in discussions that would have continued his tenure and assure an orderly transition should he or the Board determine that the university should go in a new direction. 

I would like to end on a positive note.  Michigan State is an extraordinary institution.  I will continue promoting the university as long as I am privileged to serve as its trustee.

I ask those that have expressed a lack of confidence to join me in uplifting the university for the sake of its alumni, students, faculty, staff, and community.  And as you consider the intensity of your commitment to this cause, I ask you to reflect on the facts related to my service on the Board and to the Spartan community.

I am:

  • A trustee who is committed to academic freedom in her governance role and as a scholar herself.

  • A trustee who champions concerns of students, faculty, and staff.

  • A trustee who brings greater accountability and transparency.

  • A trustee who has worked to enhance campus safety and healing.

  • A trustee who acts in the best interest of the university, regardless of politics or other pressures.

  • A trustee who understands a wide range of perspectives within the Spartan community, having been a fully tenured faculty member, a spouse and stepmother of proud MSU graduates who, as African American men, both faced racial tensions during their time on campus but leveraged their excellent educations at MSU to chart extraordinary career paths, a mother of toddlers who learned to walk at Spartan marching band practices, a mother whose son just received his acceptance to the Honors College at MSU.

I understand the difficult role of a trustee.  I have spent more than two decades in higher education. I have taught thousands of students, hundreds on this campus. I have published dozens of academic articles and four books, gaining nation and international recognition and winning awards as a research scholar. I have served in a range of university administrative roles at different institutions.

A trustee must engage in the oversight of the university, but not try to manage the university’s day-to-day affairs.  It is a delicate balance because our fiduciary duties require that we advocate for students, faculty and staff, and ask hard questions.  When governance concerns threaten the university’s mission, trustees cannot put our head in the sand and ignore them. I have faithfully honored and fulfilled my duties as a trustee since Governor Whitmer appointed me in 2019, and I will continue to do so.

And so I ask you, if you don’t have confidence in these values I embody as a trustee, where in the end will you place your confidence?

There is one thing I think we all can agree upon. And I want everyone who has spoken out on this to know – I hear you. The communication from the Board of Trustees must improve. We cannot rely upon the administration to be our voice, and we cannot continue to operate as the Board has done in the past. I hope, along with all of you who have been frustrated by the lack of communication in recent weeks, that we will see meaningful change. I can promise that you will see it from me for however long I am here, which is why I’ve spoken far longer today than I have in the past during trustee comments, and I will be making this statement publicly available. I thank you for listening.

Renee receives endorsement from Michigan Democratic Party 4/9/22

As published in the State News:

Board of Trustees candidates endorsed at Michigan Democratic Party convention

Morgan Womack and Maddy Warren

April 11, 2022

MSU Board of Trustees candidates were endorsed at the Michigan Democratic Party’s endorsement convention on April 9. The two candidates selected to appear on the ballot were incumbent Trustee Renee Knake Jefferson and researcher Dennis Denno.

At the end of a long agenda filled with endorsements for the Attorney General, Secretary of State, State Supreme Court and Board of Education, the university board candidates strutted onstage to walkout music. 

***

Trustee Rema Vassar introduced Jefferson, who is running to keep her seat on the board. The women have served on the board of trustees together for just over a year, since Vassar’s term began in January 2021.

“Trustee Jefferson intentionally cultivated a sense of belonging for me,” Vassar said. “After long debriefs after meetings on her back porch, we realized that we're kindred spirits, and we’re ideologically aligned … our work is not yet done. I need her on the board. You need her on the board.”

Jefferson said it was exciting to receive an endorsement from the party in person, along with the other candidates running in this year’s election, and said she appreciated Vassar’s support. 

“I think that it says a lot if someone is to say they want to keep working with you for another eight years,” Jefferson said. “The fact that Trustee Vassar was there to help support my nomination just shows how we work together collaboratively, and we have each other's backs, and sometimes it even means getting up on stage and quite literally supporting each other she did for me today with the nominations.”

Renee Announces Run to Keep Seat on MSU Board of Trustees 2/22/22

Release Date: Feb. 22, 2022

MICHIGAN STATE UNIVERSITY TRUSTEE RENEE KNAKE JEFFERSON WILL RUN TO KEEP SEAT

Democratic candidate, Renee Knake Jefferson, announces she will run

to keep her seat on the Michigan State University Board of Trustees

EAST LANSING, MI – Today, East Lansing resident and Michigan State University Trustee Renee Knake Jefferson, 48, announced that she will run to keep her seat in the November 2022 election. Jefferson was appointed by Governor Gretchen Whitmer in 2019 to help move the University forward after another trustee resigned in the wake of the Dr. Larry Nassar abuse crisis.

At the time of her appointment, Governor Whitmer announced: “I’m confident that Renee’s professional background and unique skillset is what Michigan State University needs right now.”

“I’m running to continue my work as a champion of change and reform for student success,” said Jefferson. “When Governor Whitmer appointed me in 2019, I rolled up my sleeves and got to work. After other trustees refused to release documents surrounding the Nassar crisis for an independent investigation, I reviewed them - more than 10,000 pages - to ensure accountability. In my first 18 months, at my urging we adopted a new policy to evaluate presidential performance and a code of ethics for trustees. We also worked with the president to replace most of the executive-level administrators from the police chief to the provost. The University is in a better place from these changes, but much work remains.”

Jefferson’s priorities for future transformation at MSU include increased accountability and transparency; improved campus safety and healing; and more affordable tuition, especially for in-state students. “At every Board meeting, I try to bring in the viewpoints of all students, faculty, staff, alumni, and community members. I am dedicated to equity, access, inclusion, and safety for all,” said Jefferson.

Another priority is expanding the University’s impact state-wide. “Michigan State University reaches far beyond the East Lansing campus to all 83 of Michigan’s counties with the MSU Extension Program and other strategic partnerships. I want to see these ties strengthened through the growth of even greater educational and economic opportunities throughout the state,” said Jefferson.

Jefferson, a legal ethics professor, was a member of the Michigan State University law faculty from 2006 to 2016, after practicing as an attorney for several years, including local government service. She has deep ties to the East Lansing community. “My children, now teenagers, learned to walk at Spartan Band practices and while feeding ducks along the Red Cedar River. My husband, Wallace B. Jefferson, the first African American justice and chief justice of the Supreme Court of Texas, is a proud Spartan graduate as is my stepson. We all care deeply about the future of the University and its impact across the entire state. We know the value of education, and the economic growth fueled by an institution like Michigan State. This is why I want to continue my volunteer service as a trustee. Meaningful change and reform is a continuous process, one that I will keep fighting for in my next term.”

The primary election will take place on Tuesday, August 2, 2022. The general election will take place on Tuesday, November 8, 2022. For more information, please visit Renee Jefferson’s campaign website at www.TrustJefferson.com.

"I believe it is very important when something horrific like this occurs not to cover it up, but instead to bring what happened to light and to learn from it." Lansing State Journal 1/19/22

MSU Trustee Renee Knake Jefferson, who is an attorney, said at a meeting in December 2020 that she had reviewed the privileged records and the contents were “consistent with information that is already in the public domain.” Knake Jefferson was appointed to the board in December 2019 to fill Nancy Schlichting’s term, which ends in January 2023. She is not an MSU alumna, but taught law at MSU for a decade.

Knake Jefferson reiterated that public statement when asked for comment in January, but later followed up and said she does not think her own review of the documents should replace an outside investigation, a review by the AG's office or a review by any external body.

"I believe it is very important when something horrific like this occurs not to cover it up, but instead to bring what happened to light and to learn from it," Knake Jefferson wrote in a Jan. 12 email to a reporter. "The only way we can avoid trauma from repeating itself is if we study the history carefully and we remember the lessons from past mistakes, harms, errors, etc."

Read the full Lansing State Journal article here.

Public Statement from Trustee Jefferson at Board Meeting 9/1/21

Let me begin by joining my colleagues in extending condolences for the losses suffered by the Athletics Department community and also thanking Bill Beekman for his service. I also want to share my concerns about the process for selecting the next Athletic Director at Michigan State University, as well as congratulate our new Athletic Director, Alan Haller.

I was appointed as a trustee when the Board was in crisis. Another trustee resigned over disagreement about this Board’s lack of accountability and transparency in the handling of the Nassar documents. The Governor appointed me, in part, to help lead this institution forward from that turmoil. Because my professional background has been devoted to legal ethics and gender equity, I was honored to accept this mission.   I care deeply about Michigan State University and want to help usher in a new era of equity in the treatment of women and minorities.

This search process, regrettably, lacked the openness and public transparency that I and others, including Secretary of State Jocelyn Benson called for in her role as the Chair of the Governor’s Task Force on Women in Sports. As trustees, we have an obligation to expose practices that risk discriminatory or biased treatment, even when unintentional. I am worried that the lack of transparency here will only further perpetuate concerns about the institution’s commitment to improved treatment of women in the wake of the Nassar scandal and the harm that continues, for example as documented in the 2019 campus climate survey on relationship violence and sexual misconduct.

Equitable treatment for women and minorities is at the core of who I am as a scholar and a member of this community. This is personal for me. Michigan State is where I launched my career as legal ethics professor; it is where my husband received his degree and would go on to serve as the first African American Chief Justice of the Supreme Court of Texas; it is where his son began his own journey on a legal career. My teenage children learned to walk at Spartan Marching Band practices and started their own education as preschoolers at the MSU Child Development Lab. But, Michigan State is also a place where I experienced discrimination as a faculty member. I was advised by a senior administrator in my department not to pursue tenure because as a mother of young children it would be too stressful for my family. When I complained that my female peers and I were paid less than our male counterparts, my dean called me the Norma Rae of the faculty for raising this inequity and securing equal compensation. 

This juxtaposition—my love for a University that has played a pivotal role in my own life and in the lives  of my family and friends, balanced against my knowledge of the harms Nassar caused so many women and inequities experienced by others, including me, throughout the institution—propels me to share my concerns about this selection process.  One of my many goals as a trustee is to help the University move forward with more inclusive, open, and transparent processes in the future. 

Despite my concerns with the process, I enthusiastically endorse Alan Haller’s appointment to the role of Athletic Director. I am confident that, like me and my colleagues on the Board of Trustees, he is committed to remedying structural inequities, whether it is finding the funds to make sure all of our student-athletes, and especially our female student-athletes, have appropriate restrooms and other facilities or reforming policies and practices to provide equitable opportunities for advancement  of women and minority leaders. Alan Haller has been doing this work behind the scenes throughout his career at Michigan State and I believe he has the ability to transform the Athletic Department in his new role, working together with Dr. Ashley Baker, the newly-hired Chief Diversity, Equity, and Inclusion Officer of the Athletic Department. I look forward to the next era of leadership under Alan Haller that will prioritize achieving diversity, inclusion, equity, and a culture of care as much as winning in the competitive arena. 

Thank you.

Public Statement from Trustee Jefferson at Board Meeting 12/18/20

December 18, 2020

Trustee Renee Knake Jefferson Statement on Review of MSU Documents

In December of 2019, I joined the Board of Trustees after Nancy Schlichting resigned over a disagreement amongst the Board on whether or not to release a body of documents related to the Nassar scandal that Michigan State University claimed were privileged. Although the Board approved an independent review of these documents in June 2019, it later declined to move forward. I understood from conversations with survivors and others from the MSU community that it was important to them to know whether those documents contained information that could help prevent something like the Nassar scandal from ever happening again. While it typically would not be an appropriate role for a trustee to review documents like this, I asked if I could do so given the special circumstances and was provided full access to them. I’ve now completed my review and would like to explain how I went about it, why it took so long, and what I learned.

First, how I went about conducting the review. I am a licensed lawyer in Michigan, but I am not Michigan State’s lawyer and I did not review the documents as a lawyer. In other words, I was not reviewing them to determine whether privilege was properly claimed, whether document redaction was appropriate, etc. I would note that District Court Judge Richard Ball did this review in 2019 and determined that most documents were appropriately not produced, and ordered disclose of a few that needed to be turned over. I limited my review to searching for information that the public, and particularly survivors of the Nassar scandal, would want to know. For my purposes as Trustee, I also reviewed the documents to determine whether the Board could implement governance policies or procedures to prevent a recurrence of that tragedy. 

Second, why it took so long. I’m a law professor, a mother of two children, and a wife. I had to fit this document review in around my professional teaching, speaking, and writing obligations as well as family commitments. I began my review in early 2020 and was able to make good progress during my semester break Being a trustee is a volunteer role, and one that I didn’t have much time to adjust my schedule for, since my appointment followed on the heels of another trustee’s resignation. When COVID struck, finding time became much more difficult. My review also took longer than I had hoped because as it turned out, the total number of documents was not 6,000 as had been reported in the media but actually 9,769, nearly 4,000 more than what I had anticipated. Some documents consisted of numerous pages, sometimes dozens of pages for one document. So, I have now reviewed far more than 10,000 pages.

Third, what I learned. As part of the vetting process before my appointment, I had a remarkable and sobering opportunity to speak with survivors who believed learning about the substance of these documents could be helpful to both understand what happened in the past and to create the condition for leaders at the university and concerned members of the public to ensure that nothing like this ever occurs again. I cannot ever possibly claim to understand how any survivor of the Nassar abuse feels, but I want each of them to know that I heard the frustrations voiced over how the proposal for an independent review of the documents was handled.  I wanted to do all within my power as a trustee to be responsive to the survivors’ concerns, which is why I decided to personally review the documents. 

I cannot speak about any specific documents reviewed because I am treating them as privileged, as previously determined by Judge Ball, as I explained earlier in my remarks. I can report, however, that what I learned from reviewing these documents is consistent with information that is already in the public domain regarding Nassar. The best resources for understanding who knew what and when, and what steps were taken in response are the following documents, all publicly available: (1) March 29, 2018 letter from Miller Canfield to the Michigan House of Representatives; (2) September 1, 2020 Memorandum to the United States Department of Education Office for Civil Rights regarding Lawrence Nassar Employee Action Review; and (3) September 1, 2020 Memorandum to the United States Department of Education Office for Civil Rights regarding William Strampel Employee Action Review.

Those public documents are not fully prescriptive, however.  I believe, as the survivors surely do, that we must fully embrace the reality that structures in place at the university were not an adequate safeguard against the kind of abuse Nassar inflicted. Accordingly, I  propose several measures for the future in addition to the reforms that were already underway before I joined the Board.

First, I discovered that Michigan State did not have an official policy in place for Trustees’ review of the president. Best-practices for university governance call for both an annual review of the president’s performance and, every three-5 five years, a comprehensive review with wide-ranging internal and external input. I have raised my concerns about this in the midst of conducting the document review over the past few months, and I’m pleased that the Board unanimously approved an official policy for presidential performance review today. This policy will be transparent and publicly available, as will the outcomes of the performance reviews.

Second, I call for more uniformity, transparency and timeliness across colleges and departments regarding the actions taken when discipline occurs after a finding of sexual misconduct. Related to this, I also want to see a more transparent process to ensure accountability for situations where an investigation into alleged employee sexual harassment or misconduct is found not to have risen to the level of an official finding under university policy, but nonetheless flags inappropriate behavior for which changes in behavior and or policy are warranted. The administration is currently working on reforms to implement these recommendations, and I will urge that it become public once established. This responsibility falls heavily upon the Provost’s office, and I want to make clear that even though she has been her only for a very short time, and had to start her work in the midst of a pandemic, Provost Woodruff has already been very responsive to my concerns and I have confidence in her ability to do the very difficult work needed for making the requisite structural changes in this institution. We are so very fortunate that she decided to join us, and I look forward to continuing to work with her. 

Finally, I recommend that the Board release these documents for an independent review, after which the body conducting that review issues a public report, along the lines of what the Board had previously approved in June 2019. I mentioned earlier that I cannot even begin to understand the trauma the survivors experienced.  But as I read through these documents, I became convinced that a university as great as ours can do so much better.  That was driven home to me by the MSU Museum exhibit, created last year, that chronicles the very disturbing series of events and omissions that facilitated the sick conduct Nassar displayed.  The exhibit’s creators should be commended for preserving that timeline, as it reminds us that there were several points along the way where, with more vigilance, this crisis may have been averted.  I hope that the exhibit is made a permanent part of the MSU museum collection, and that these documents be preserved with it. We must remember what happened and why, so that we can prevent its recurrence. The university and its leaders have an opportunity to equip this institution with additional tools to ensure accountability and continued attentiveness, intervening early in the face of inappropriate conduct. There is no better way to start that process than by recognizing that the survivors, had they not acted courageously, may have continued to suffer in silence. 

So, that’s how I conducted the review, why it took so long, and what I learned. 

I do not know whether the Board of Trustees will be revisiting the independent review discussions again in the future, but my hope is that we do so, especially given that we have two new trustees joining us in January. I can promise you that for the remainder of my time as a trustee, I will use what I have learned from my review of these documents to fight for the structural changes needed to hopefully prevent sexual misconduct from ever occurring in the first place but, if it does, to make sure that the reporting process for it does not cause further harm to the individuals involved and discipline is handled fairly, uniformly, and transparently across all colleges and departments.

Thank you.

 

"Build on the land grant heritage and help MSU be a safer place for everyone” WKAR 90.5 Public Radio, MSU Today Interview

Renee Knake was appointed to the Michigan State University Board of Trustees by Governor Whitmer in December 2019 to complete the term vacated by Nancy Schlichting. Knake currently serves as a professor of law at the University of Houston Law Center and as the Joanne and Larry Doherty Chair in Legal Ethics. 

***

What about some of your long-term goals?

“First, having the history of being a land grant institution, which from the time that President Abraham Lincoln signed the legislation into being to create a university like this, MSU was meant to expand educational opportunities very broadly. And that's something that you see today, both in terms of the diversity of who our student body is, but also, the wide range of things that one can study coming onto this campus.

“Another strength I see that relates to my long-term goals, is the incredible community of loyal alumni. No matter where I go in the world, and I've traveled the globe presenting my research as a scholar, everywhere I go, there is a connection to someone who has very strong ties to Michigan State. And at a time where many institutions of higher education are having to ask very difficult questions about budget and about pedagogy, do we put more courses online? Do we try to target different demographics or groups? How do we compete with the various pressures related to economics and technological change in the 21st century?

I see an institution like Michigan State really uniquely poised to address those challenges, both because of our historical legacy, and also, because of having such a wide sweeping alumni base that spans the globe. And so for me, a long-term goal for Michigan State would see this being a campus that will continue to grow and thrive as a community where students come here not just to develop a specialized expertise so that they could go on for their chosen career or occupation, but also, so that they come together and experience life with people they've never met before, different cultures, different backgrounds, and live together in a community preparing them to then go on to wherever they are next and not just have a professional expertise, but also, understand what it means to be a citizen, a member of a community filled with people that have all kinds of different views and all kinds of different perspectives on how we move forward.

“So, I want to see Michigan State be an institution that continues to grow in that way. And so, a long-term priority is certainly anything that furthers that. And one of the big things I think relates to the short-term priorities we already talked about, making this campus as safe and welcoming as possible.”

How has the law profession evolved and what kind of a legal profession are you sending students out into? What are their challenges and opportunities?

“One of the biggest challenges for legal education today is making sure that our students are prepared to deliver legal services in the way the public needs them. And so part of that has to do with affordability and legal services that the public can afford that also match what it costs to go to law school. I think it also has to do with education about what lawyers can do.

“One of the main reasons why individuals and individual households that face legal problems don't use lawyers is they don't actually recognize that they have a problem a lawyer could help solve. That's an information gap that I have studied, researched, and written about extensively. How can we make legal services more accessible, affordable, and widely adopted by the greater community?

“And then I think legal education is not immune to any of the other pressures that various professional schools are facing right now with respect to increased competition and the changes that we see in terms of technology in disrupting some of the legal jobs that some of us that might've graduated a few years ago held. For example, as a young associate, I did a lot of document review that involved boxes of documents and a warehouse and yellow legal pads. And that was very time consuming. And a lot of that can now be done through technology tools.

“Because those kinds of jobs have been disrupted, though, I don't think it in any way suggests that we don't have a need for lawyers. In fact, I think the need for someone who has a strong legal education, who understands the Constitution in this country, who understands the laws as they should be applied and how to reform them when needed, who understands how to go out and see an injustice and if there isn't a legal remedy, understands how to advocate for change. Those are all things that law students learn, and we need more people learning about those things. So, I'm very optimistic about the market for legal education.”

Knake says it’s an honor to server on the MSU Board of Trustees.

“I am so grateful to Gov. Whitmer for the opportunity because it gives me a chance to take on a role of volunteer service and give back to a community that I care about very deeply, in part, because it is where I got my start as an academic. Spending a decade at the law school here set me up for many other professional opportunities. I will always be indebted to Michigan State for that.

“MSU is a place where my children have grown up, and I want them to continue to think of this campus as their home and to see it thrive. It's not very often that one gets a chance to give back in such a tangible way to an institution that has given so much, both personally and professionally. I'm quite humbled and honored to be able to do that over the next few years.”

Listen to the full interview here.

"MSU's newest board member is already making an impression" Detroit Free Press 12/20/19

Her commute might be a little longer than yours — it involves an airplane — but Renee Knake isn't complaining.

A law school professor at the University of Houston and the mom of children she didn't want to uproot from East Lansing, Knake hasn't let distance keep her from her obligations in Houston or her parenting responsibilities at home.

She might be back and forth more in the coming months. Knake was appointed last month to the Michigan State University Board of Trustees, where she landed on one of the most scrutinized boards in all of higher education.

She didn't waste any time in making an impression — she announced at her first meeting she'd be reviewing all 6,000 documents the university claims it doesn't have to turn over to the state attorney general for its Larry Nassar-related investigation of MSU because of attorney/client privilege.

Reading the documents "isn't how I planned to spend my holiday break," Knake told the Free Press in an exclusive, wide-ranging interview five days after her first board meeting, but is part of her philosophy of what a board member should do.

"I was being responsive to the issue most prominent as I was coming into the board," she said. "The role of the trustee is to generally not have to dive so deep into these issues — but to step in when needed.... (and) to make sure the university administration tasked with doing (a task) is doing (it)."

She did caution making it through all the documents could take months.

Born in Springfield, Missouri, Knake's parents moved her to a suburb of Minnesota's Twin Cities at the age of 7. She moved again in sixth grade, this time to a suburb of Kansas City.

Each move was at a "sensitive" time in her life, she said, something that played into her decision to leave her children rooted in East Lansing when her career took her from MSU to the University of Houston in 2016.

She always wanted to be a lawyer

In seventh grade, she wrote an essay in her social studies class about how she wanted to be a lawyer.

She went to college at North Park University in Chicago, a decision influenced in part by her desire to go somewhere safe where she believed she would worry less about sexual assault than other college options. It's a hope she has for other colleges and universities, especially MSU, as well, saying she's hopeful there's a day coming when this factor doesn't have to enter anyone's decision making process.

Knake went on to law school at the University of Chicago, intending to be a lawyer, but not a law school professor. At least that's what she believed for years, until she was visiting her parents this Thanksgiving. That's when her mom found her application essay to law school, in which she wrote not only was she hoping to be a lawyer, she wanted to be a law professor "working on the issues I'm working on today." While there, she did research for Stephen Schulhofer, who did groundbreaking work in the area of consent in sexual relationships.

She went on to work in private practice and as an attorney for the city of Charlottesville, Virginia. While there, she worked on foster care and other issues and was an adjunct professor at a local community college teaching business law.

Issues needing reform

When she moved to Michigan, she was hired as a lecturer in the MSU College of Law and began teaching. She eventually achieved tenure.

A strong pusher for reform in legal practices, she worked during her time at MSU on issues that "in theory were there to protect clients but perhaps didn't do that as fully as they could" or needed reform.

She gives an example: There's a rule saying lawyers shouldn't be partners in a firm with non-lawyers. But it might be helpful to clients if a lawyer was in a firm with a social worker or a physician or some other professional that could help one person all from the same firm. She's also written extensively on lawyer advertising and how to educate people about lawyers.

In addition to legal ethics classes, she also taught in the business school and honors college. A seminar she taught there on women who were shortlisted for a Supreme Court seat but passed over turned into a book she just finished writing.

As the job market for lawyers slumped in 2010 and 2011, she co-founded the ReInvent Law Laboratory for Law, Technology, Innovation and Entrepreneurship in order to help students explore opportunities for law outside of traditional areas.

"I have former students who hold jobs that didn't exist when I was in law school," she said.

Then the University of Houston came calling — recruiting her to become the Joanne and Larry Doherty Chair in Legal Ethics, a rare opportunity for an endowed chair in legal ethics, her specialty.

Read the full Detroit Press article here.

Public Statement from Trustee Jefferson at Board Meeting 12/13/19

I want to thank Governor Gretchen Whitmer for appointing me to serve as a trustee of Michigan State University, and to thank President Stanley, the administration, and my fellow trustees for such a warm welcome. It is an honor to be in this role, helping to lead a premier land grant university, the product of legislation signed by President Abraham Lincoln to expand educational opportunities. While I do not hold a degree from Michigan State—I got my start in Chicago first at a small liberal arts school, North Park College, and then at the University of Chicago Law School—after practicing law for several years, I received a tremendous education during my academic career here first as a lecturer and ultimately as a tenured full professor in the Law College. I have raised my children in East Lansing, immersed in all that campus life has to offer from music performances to art installations to livestock exhibitions to athletic events. I care deeply about the future of this institution. It has opened doors for so many students. Its outstanding professors have employed their talents to advance the sciences, economics, arts, agriculture, philosophy, engineering, and so much more. I am humbled to play a small role now as the university’s trustee. For the past few years, I have been a member of the University of Houston law faculty, which affords me an outsider’s perspective, informed by my academic research, publications, and teaching in legal ethics and gender equality. It is with this background that I’m ready to roll up my sleeves and get to work on all of the challenges and opportunities facing this institution. We are all here to make Michigan State a more inclusive, diverse, impactful, and safe university for the students, alumni, faculty and staff. An important aspect of this is how the university addresses the harms suffered by the survivors of Larry Nassar’s calculated abuse as well as the sexual misconduct that continues on this campus today. The recently published climate survey shows that significant numbers students experienced sexual harassment or assault during the 2018-19 academic year. This is a crisis. No one should endure sexual harassment or violence as a rite of passage during their university experience. This institution needs major structural reform to prevent these harms. We must create a culture of accountability, transparency, and due process to get to the heart of this issue. I commend the administration for conducting the climate survey and for making it public, and I know that the administration already is and we will all continue to be working together on reforms. I want the survivors to know that I and the Board will listen to them. For my part, as one initial step, I have asked that a component of my new trustee orientation, which began earlier this week, include formal training on trauma-informed communication and practices. I encourage all of my fellow trustees to complete this training, which should be incorporated as standard training for trustees and other campus leaders. As another initial step, regarding the issue about the release of privileged documents, I asked to look at them myself, and next week I will begin personally reviewing the privileged documents from the Nassar investigation. When I see those materials with my own eyes, I will have an informed basis to make recommendations about how they should be handled. These small steps are concrete efforts to honor my oath to this institution and to the Michigan State community. In just my first few days as trustee I already have heard from many of you—students, alumni, faculty, staff, and others. I want you to know that I am committed to listening and learning from everyone who is willing to help move the university forward. Thank you, again, to the administration and my fellow board members for all you’ve done to help me hit the ground running in the few days since the announcement of my appointment. I’m excited to work together with all of you. 

“New Michigan State trustee will review some 6,000 Nassar records the college has refused to release” Lansing State Journal 12/13/19

EAST LANSING — Newly appointed Michigan State University Trustee Renee Knake said Friday she will comb through thousands of documents related to the investigation of Larry Nassar that the college has refused to release. 

This comes after months of outcry and calls to the Board of Trustees to waive attorney-client privilege on some 6,000 documents related to MSU's own investigation into how the university handled complaints against former sports medicine doctor Larry Nassar, many of which came before he was charged in 2016. Nassar abused hundreds of women under the guise of medical treatment.

Her comments came after survivors of Nassar’s abuse led a renewed call Friday morning for MSU to cooperate with a state investigation and release the documents. 

Knake, an attorney and ethics professor who was sworn in this week and attended her first board meeting Friday, said she asked to look at the documents herself. She was appointed by Gov. Gretchen Whitmer earlier this month.

Read the full Lansing State Journal article here.

"Whitmer appoints legal ethics professor to MSU Board of Trustees" Detroit News 12/4/19

Gov. Gretchen Whitmer has appointed a legal ethics professor to sit on the Michigan State University Board of Trustees as the university continues to work on healing from the Larry Nassar sex abuse scandal. 

Renee Knake, an East Lansing resident who has taught law at MSU, holds the Doherty chair in legal ethics at the University of Houston Law Center. 

Read the full Detroit News article here.