Melinn questions Schlichting's stated reason for resigning

Melinn questions Schlichting's stated reason for resigning

November 1, 2019

Kyle Melinn is the editor and vice president of MIRS, "Michigan's [subscription-only] Independent News Source". His column often appears in the Lansing City Pulse, which is free. Nancy Schlichting is the MSU Board of Trustees member who recently resigned.

In his October 30 column in the City Pulse, Melinn doubts Schlichting's "public" reason for resigning, which he says "was that Michigan State's trustees wouldn't drop its attorney-client privilege for an independent review on Larry Nassar. . ." What she says in her resignation letter is this:

I joined the board to provide expertise from my long career leading complex health care organizations, and my extensive governance experience serving on more than 80 boards. More importantly, I joined the board to help change the attitudes and beliefs of the legacy board members towards the extraordinary young women who have survived sexual assault by Larry Nassar, and to support the survivors in every way I could.

During the last year, though, it has become very clear to me that my commitment to have an independent review of the Nassar situation, and to waive privilege so the truth can come out, is not shared by the MSU board chair, legacy board members and some newer trustees.

After the recent decision to not go forward with the independent review/public report, which had been approved by the board, initiated and organized by Trustees Dan Kelly, Kelly Tebay, Brian Mosallam and me, and supported by three courageous survivors; I decided I could no longer serve on the board. (Detroit Free Press, October 28)

Melinn, an MSU grad, suggests the real reason was that the Board of Trustees was a poor fit for her:

She is not an MSU grad.
She was not in charge, as she is accustomed (she was the CEO of the Henry Ford Health System).
She is not a politician and not adept at building a consensus and advancing an agenda.
The time commitment was too much for her busy schedule.

Why can he not accept the possibility that she simply had some integrity and could no longer be part of a board that voted down an independent investigation of how MSU allowed Nassar to sexually abuse young athletes for over 15 years? That she did not think MSU should withhold documents on the basis of attorney-client privilege, a legal principle meant to allow the accused to confide in a lawyer without fear the lawyer could be compelled to reveal what was said?

Attorney-client privilege is often claimed inappropriately. Melinn reports that District Judge Richard Ball spent six months going over 6,450 documents and 47 text messages and ordered the release of only 177 of them. Are we to believe that all the rest were communications between an individual and his or her lawyer? And that no one else was privy to the conversation, which would disqualify it as privileged?

Another requirement for attorney-client privilege is that it must be claimed by the client. Did the judge ask each of the authors of those 6,450 documents and 47 text messages if they wanted to claim attorney-client privilege?

AG Dana Nessel to U-M: For sex abuse investigation, all privilege must be waived

- Detroit Free Press, March 5, 2020

Nassar's 250 victims deserve the truth. So does the public. Nancy Schlichting should be applauded for refusing to be part of the cover-up.

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