The Michigan State University Board of Trustees today announced that the law firm of Honigman LLP has completed its review of Michigan State University’s 2021 Title IX certification process.
The Board retained Honigman on August 22, 2022, to investigate whether the university satisfied a state law requirement to certify to the state of Michigan that the MSU President and a member of the Board of Trustees reviewed all academic year 2021 Title IX reports involving the alleged sexual misconduct of employees of the University. Honigman was also asked to determine how and why any process failures occurred, and to recommend specific actions to improve the university’s Title IX certification process.
Honigman reviewed over 24,000 documents and interviewed 18 witnesses, including all eight Trustees, President Stanley, and current and former university employees. The investigation was led by Honigman partner Matthew Schneider, the former United States Attorney in Detroit. Schneider is the Leader of Honigman’s Investigations and White Collar Defense practice.
Honigman concludes:
First, the University failed to meet its obligations under state law requiring the President to certify that he and at least one Board member reviewed each Title IX report involving an employee. As such, the President’s 2021 certification to the state of Michigan was inaccurate.
Second, the President relied upon incorrect information provided by the MSU Title IX Office. This information formed the basis for his certification to the state of Michigan.
Third, although the university failed to properly certify in 2021, the Board of Trustees took proactive steps in 2022 to ensure the President and at least one Board member had reviewed each 2021 Title IX report. The President’s 2022 certification to the State of Michigan, which certified the University’s 2022 review and re-certified the university’s 2021 review, was accurate.
Fourth, although the university lacks a unified procedure for tracking Title IX reports, ensuring they are reviewed, and certifying to the state, the university now has an opportunity for process improvement. In fact, the Board and the university have already taken steps to improve the process.
MSU Board of Trustees Vice Chair and Chair of the Audit, Risk and Compliance Committee of the Board, Dan Kelly, announced the results of the Honigman report. Kelly stated:
“I appreciate the hard work of the Honigman Law Firm and their lead attorney, Matthew Schneider. I am happy to report that with their help, the Board of Trustees has brought the University into compliance with State law and the law’s intent to protect the safety of our students and employees. I am proud of the Board for unanimously agreeing to release this report. However, I remain troubled by the inaccurate certification submitted by the President in 2021, which clearly demonstrates the internal administrative failures and lack of procedures which were allowed to exist for too long. The investigation’s findings confirm that little, if anything, was done by the President to address the certification concerns raised by the Board for over two years. The Board remains committed to improving our Title IX processes to avoid a repeat in the future and will take seriously the recommendations contained in the report. We look forward to the Interim President’s commitment to improve communication and our mutual goal of exemplary Title IX enforcement.”
Honigman determined that significant breakdowns in the University’s Title IX reporting process prevented the University from properly certifying to the State. Honigman made over a dozen recommendations for improving the MSU reporting process. The recommendations include restructuring how the University reviews and distributes Title IX reports, creating consistency in the review process, establishing a regular auditing process, and offering increased training.