Michigan State University was ordered by a Michigan Court of Claims judge to release donor agreements between the university and Mat Ishbia and Steve St. Andre. On December 13, the judge gave MSU 10 days to turn over the records. They were released today.
As you might imagine, MSU has had a long-standing policy of keeping its donor agreements confidential in order to protect the privacy of its donors. MSU argued in court that making the agreements public could have a chilling effect on future gifts. The university had a tough legal battle ahead of it, though, when it tried to keep the agreements private because Michigan law disagrees with that approach -- and court of claims judge Brock Swartzle said as much in his ruling:
"The Court concludes that the amount that a private individual contributes to a public university in a non-anonymous capacity does not reveal intimate, embarrassing, private or confidential information about that individual. Nor does the revelation of how the donor desires that the university spend the money. MSU cannot avoid FOIA by promising greater confidentiality than it can lawfully provide as a public institution."
The donor agreements are published here in their entirety, in the format that they were released by the university to Spartans Illustrated so that readers can read them for themselves without any interference.
It is important to note that donors cannot give directly to a coach's salary. They can give to the general fund of the athletic department and note their affinity for a specific program -- but it is ultimately up to the athletic director to use the funds, in his discretion.
MSU spokesperson Dan Olsen issued the following statement:
“The university respects the tenants of openness and transparency in government the Michigan Freedom of Information Act seeks to further. As a public body, we also have an obligation and responsibility to protect individuals’ right to privacy while balancing the openness that furthers ethical governance. We deeply value and thank our generous donors for their contributions which continue to support the success of the institution and our Spartans – students, faculty and staff.”