Michigan Attorney General Dana Nessel on Wednesday announced the closure of the Department’s investigation into Michigan State University (MSU) in the wake of the sexual abuse scandal by a former MSU employee. Nessel reopened the investigation following receipt of more than 6,000 documents that the University had withheld until earlier this year.
In 2018, former Attorney General Bill Schuette formally announced an independent investigation into the University’s handling of the Larry Nassar matter. The investigation was requested by the MSU Board of Trustees, who promised full cooperation. The University then turned over more than 105,000 documents for review but held back over 6,000 documents under a claim of attorney-client privilege.
The 6,014 new documents were provided to the department in March and April of this year.
After finishing a complete review, the Department has issued a report outlining its findings, which includes no new, relevant information. The report states that:
“MSU has repeatedly justified withholding the documents because they contained information that was allegedly protected by the attorney-client privilege. Our review has revealed that this justification was not always appropriate. A significant number, if not a majority, of the documents did not appear to us to be covered by the privilege.
Accordingly, there was no justifiable reason to withhold those documents for any period of time, let alone an extended period. Further, the documents that contained, or at least arguably contained, privileged information did not offer any new insight into MSU’s handling of Nassar’s abuse or who knew what about it and when. Indeed, most of the privileged information was not even related to those issues, but instead to tangential issues such as public relations, insurance, and funding.”
“This is a disappointing close to our years-long investigation into the abuse that hundreds of young women were subjected to over the course of more than a decade,” said Nessel. “While I appreciate that MSU eventually cooperated, the withheld documents provided victims with a sense of false hope, for no justifiable reason.
“Simply put, there remains no fulfilling answer to the question of how this abuse was able to be perpetuated on so many, for so long, without MSU, or anyone else, putting a stop to it.
Speaking directly to the survivors, Nessel added, “I commend you for your bravery in coming forward and sharing your stories, and for never giving up on the pursuit of justice and transparency.
"While the investigation is closed, this is not where this story ends. You have created a sisterhood that has worked together to create systemic changes, not just here in Michigan, but nationwide to ensure that schools are better prepared to prevent, investigate and stop abuse, to ensure that survivors are believed, and treated better in the judicial system and to change the culture in how sexual assault is seen by the public at large.
"Your advocacy, resilience and your strength have left this world a better place. And while this may not be the justice you sought; I do believe the changes in how we treat sexual abuse on campuses and in courtrooms alike is a form of justice that will impact generations to come all across the nation.”
The attorney general and members of the Department’s Cold Case Sexual Assault and Domestic Abuse Unit met with victims and their families to share the findings and examples of the withheld documents. The Department is in the process of creating a digital, publicly available folder of all of the documents. Due to the volume of documents, thousands of redactions, and accessibility standards, this process could take up to 12 more months.
In 2018, former Attorney General Bill Schuette formally announced an independent investigation into the University’s handling of the Larry Nassar matter. The investigation was requested by the MSU Board of Trustees, who promised full cooperation. The University then turned over more than 105,000 documents for review but held back over 6,000 documents under a claim of attorney-client privilege.
The 6,014 new documents were provided to the department in March and April of this year.
After finishing a complete review, the Department has issued a report outlining its findings, which includes no new, relevant information. The report states that:
“MSU has repeatedly justified withholding the documents because they contained information that was allegedly protected by the attorney-client privilege. Our review has revealed that this justification was not always appropriate. A significant number, if not a majority, of the documents did not appear to us to be covered by the privilege.
Accordingly, there was no justifiable reason to withhold those documents for any period of time, let alone an extended period. Further, the documents that contained, or at least arguably contained, privileged information did not offer any new insight into MSU’s handling of Nassar’s abuse or who knew what about it and when. Indeed, most of the privileged information was not even related to those issues, but instead to tangential issues such as public relations, insurance, and funding.”
“This is a disappointing close to our years-long investigation into the abuse that hundreds of young women were subjected to over the course of more than a decade,” said Nessel. “While I appreciate that MSU eventually cooperated, the withheld documents provided victims with a sense of false hope, for no justifiable reason.
“Simply put, there remains no fulfilling answer to the question of how this abuse was able to be perpetuated on so many, for so long, without MSU, or anyone else, putting a stop to it.
Speaking directly to the survivors, Nessel added, “I commend you for your bravery in coming forward and sharing your stories, and for never giving up on the pursuit of justice and transparency.
"While the investigation is closed, this is not where this story ends. You have created a sisterhood that has worked together to create systemic changes, not just here in Michigan, but nationwide to ensure that schools are better prepared to prevent, investigate and stop abuse, to ensure that survivors are believed, and treated better in the judicial system and to change the culture in how sexual assault is seen by the public at large.
"Your advocacy, resilience and your strength have left this world a better place. And while this may not be the justice you sought; I do believe the changes in how we treat sexual abuse on campuses and in courtrooms alike is a form of justice that will impact generations to come all across the nation.”
The attorney general and members of the Department’s Cold Case Sexual Assault and Domestic Abuse Unit met with victims and their families to share the findings and examples of the withheld documents. The Department is in the process of creating a digital, publicly available folder of all of the documents. Due to the volume of documents, thousands of redactions, and accessibility standards, this process could take up to 12 more months.
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