The former head of the Michigan State University Faculty Senate is suing the university’s Board of Trustees, alleging two members engaged in vindictive actions against him after he made comments critical of the board.
Jack W. Lipton, who is now vice chairman of the Faculty Senate and a professor in Michigan State’s College of Human Medicine, filed the lawsuit Tuesday morning in a federal court in Michigan.
“My sole focus as Faculty Senate chair was to serve the faculty,” he told the The Chronicle. “I haven’t been shy in my opinions in these areas. I was targeted for that work. By being that point person, I was targeted unfairly and it has affected my ability to do my job.”
The suit accuses the board of violating Lipton’s First Amendment rights, naming two controversial trustees, Dennis Denno and Rema Vassar. Both have been censured by the board and stripped of committee assignments after an independent investigation detailed ethical lapses by them both. The board also recommended that Gov. Gretchen Whitmer remove the pair from office.
The suit is seeking Vassar and Denno’s resignation from the board, an order banning further retaliation against Lipton, and an unspecified amount of money for damages. Denno and Vassar could not immediately be reached for comment. Both have disputed the findings of the report, and have said they faced unfair attacks by other members of the board.
The investigative report, conducted by the Washington, D.C.-based law firm Miller & Chevalier, followed accusations by Brianna T. Scott, another trustee, who publicly accused Vassar of violating the board’s code of ethics, as well as bullying and other improper behavior.
The report substantiated some of the claims, including that Vassar and Denno “encouraged a campaign of personal attacks” against Lipton after he called for Vassar to resign. Lipton elaborated on that criticism in a contentious board meeting in which he said that the chair had not always met “the high ethical standards that we expect from the chair of the board.” A supporter of Vassar’s interrupted his remarks.
After that meeting, Lipton told a local newspaper that the meeting had “demonstrated Trustee Scott’s charges of intimidation and bullying in action.” He added: “The chaos brought and disrespect shown by her supporters could have been stopped by a single statement from Chair Vassar, yet she elected to let the mob rule the room.”
Vassar and Denno then accused Lipton of being racist for using the word “mob” to describe the actions of mostly minority students, the suit alleges, citing the law firm’s report.
“Vassar and Denno began encouraging MSU student groups to label Dr. Lipton a racist, publicly attack him in the media, post defamatory letters about him on social media and other public platforms, and file complaints with MSU’s internal civil rights office as well as its external accrediting body accusing Dr. Lipton of race discrimination,” the suit alleges. “Vassar and Denno met with MSU student leaders and group members, advising them on the content of their letters and complaints against Dr. Lipton, and promising to support these students in planned statements they would make during public comments at upcoming meetings of the Board of Trustees.”
The report found that Denno had encouraged students to “attack Jack Lipton” and “call him a racist” for his use of the word “mob.” The trustee admitted to investigators that he had “probably” said that, and added that he doesn’t “give a shit about Jack Lipton.”
Lipton issued an apology for using the word mob, but that didn’t stop the attacks, he said. That’s led to problems in his professional life, including when he is interacting with students or other faculty.
“The worst part is you don’t know what they are thinking,” he said. “You have no idea of what they are thinking about you. Are they the some of the people that have read about me being a racist and are thinking, ‘I have to meet with that racist Lipton?’”
Lipton also said the claims of being racist have impacted his ability to compete for other, more senior jobs at different universities. The suit alleges that an executive search firm told him that the public allegation would “negatively impact his employment chances.”
Lipton said he needed to file the suit to protect other faculty. If trustees attack the senate chair for voicing public criticism, “it chills other people willing to take that position on.”
He’s not worried about his professorship — he believes academic freedom and his tenure protect that — but says he’s upholding a larger principle. “I think if you have [academic freedom] you should use it,” he said. “I have the ability to keep my job, but that doesn’t mean I’m not hamstrung. I should be able to talk without being excoriated.”
