VASEL FOR IUVasel v. Braun
Challenging the constitutionality of eliminating alumni-elected trustees at Indiana University.
Case Overview
On May 7, 2025, I filed suit challenging the constitutionality of eliminating alumni-elected trustee positions at Indiana University. The case is supported by the ACLU of Indiana, whose legal team is representing me in this action.
The lawsuit argues that the Indiana legislature violated the state constitution by singling out Indiana University for the elimination of alumni input in board governance, while leaving similar structures intact at every other affected public university.
CASE NUMBER
53C06-2505-PL-001288
COURT
Monroe Circuit Court 6
JUDGE
Special Judge Erik C. Allen
PLAINTIFF
Justin A. Vasel
DEFENDANT
Governor Michael Braun (official capacity)
LEGAL TEAM
Kenneth J. Falk (Lead), Stevie J. Pactor, Gavin M. Rose — ACLU of Indiana
What We're Challenging
HEA 1001, Sections 253 through 266, singled out Indiana University for the elimination of alumni-elected trustees. No other public university in Indiana was affected in this way.
Ball State University, Indiana State University, Purdue University, and the University of Southern Indiana all retain some form of alumni input in their board governance. Only IU was targeted.
We argue this violates Article 4, Section 23 of the Indiana Constitution, which prohibits the legislature from passing "special legislation" that singles out specific entities for treatment that differs from others similarly situated.
What We're Seeking
- •A declaratory judgment that HEA 1001, Sections 253-266, constitutes unconstitutional special legislation
- •An injunction to restore alumni-elected trustee positions at Indiana University
- •A declaration that the Governor's replacement appointments made under the unconstitutional provisions are void
Case Timeline
HEA 1001 Signed into Law
Governor signs House Enrolled Act 1001, which includes provisions (Sections 253-266) eliminating alumni-elected trustee positions at Indiana University.
Lawsuit Filed
Justin Vasel files Vasel v. Braun in Monroe Circuit Court with support from the ACLU of Indiana, challenging the constitutionality of singling out IU for the elimination of alumni-elected trustees.
Amended Complaint Filed
An amended complaint is filed. The motion for preliminary injunction is voluntarily withdrawn.
Defendant Dallis-Comentale Dismissed
The court grants the motion to dismiss defendant Dallis-Comentale from the case.
Cross-Motions for Summary Judgment
Both sides file motions for summary judgment, asking the court to rule on whether eliminating alumni-elected trustees at IU only constitutes unconstitutional special legislation.
Court Decision
Awaiting the court's ruling on the cross-motions for summary judgment.
Cross-motions for summary judgment are pending before the court. Both sides have asked the judge to rule on the central constitutional question: whether eliminating alumni-elected trustees at Indiana University alone constitutes unconstitutional special legislation under Article 4, Section 23 of the Indiana Constitution.
Broader Significance
This case tests the application of Indiana's special legislation doctrine in the context of university governance. It raises fundamental questions about whether the legislature can single out one university for the removal of established stakeholder governance structures while leaving identical structures in place at peer institutions.
The outcome could have implications beyond IU, establishing how courts evaluate legislative actions that target specific public institutions without a rational basis for differential treatment.
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