Detroit Free Press

Tucker made millions while delaying sexual harassment case

- Kenny Jacoby Kenny Jacoby is an investigat­ive reporter for USA TODAY covering sexual harassment and violence and Title IX. Contact him by email at kjacoby@usatoday.com or follow him on X @kennyjacob­y.

The upcoming hearing in the sexual harassment case against Michigan State football coach Mel Tucker was supposed to have taken place weeks ago.

It was initially planned for the week before the 2023 college football season began. But Tucker and his attorney got it pushed back to early October, emails show – during the team’s bye week.

Tucker is accused of making unwanted sexual comments and masturbati­ng during an April 2022 phone call with Brenda Tracy, a prominent rape survivor and activist he had hired to educate his team about sexual violence prevention. Tucker denied the allegation­s, saying he and Tracy had consensual “phone sex.”

Michigan State suspended Tucker without pay on Sunday, hours after a USA TODAY investigat­ion revealed the allegation­s. He earned $750,000 a month until his suspension without pay, his contract shows, meaning he had been paid at least $6 million since the college’s investigat­ion started.

The timing of the hearing, like that of the suspension, is among many questions swirling in the wake of the college’s action.

The outside attorney Michigan State hired to investigat­e Tracy’s December 2022 Title IX complaint, Rebecca Leitman Veidlinger, completed her investigat­ion on July 25, according to case documents Tracy shared with USA TODAY. A day later, the school’s hearing administra­tor set the hearing for August 22 and 23.

Tucker’s attorney, Jennifer Belveal, said she was unavailabl­e either of those dates, emails show. The hearing administra­tor then suggested 10 dates in September, all weekdays.

Only one of those days did not work for Tracy and her attorney, Karen Truszkowsk­i, the emails show. But Tucker and Belveal said they were unavailabl­e for any of the other nine, an Aug. 3 email from the hearing administra­tor shows.

Tucker and Belveal said they would be available the first week of October – the team’s week off after its first five games. The hearing was ultimately set for Oct. 5 and 6.

A phone call and voicemail to Belveal’s cellphone went unreturned. Tucker previously

hung up on a reporter who reached him on his cellphone.

Although Michigan State policy says decisions will typically be made in cases within 60 days after the investigat­ion, the hearing officer granted Tucker and Belveal’s requests for extensions due to scheduling conflicts and the need for additional time to review the 1,200page file.

The policy also says investigat­ions will generally be completed within 90 days of the filing of a formal complaint. In Tracy’s case, the investigat­ion lasted 216 – largely because Tucker did not meet with the investigat­or for three months, while he and Belveal tried to stop the investigat­ion.

Delays have long plagued Title IX cases at the East Lansing campus, as they have at universiti­es across the country. At one point during the 2019-20 school year, the average case at Michigan State lasted 361 days from report to resolution – roughly twice as long as its policy dictates. An audit of spring 2022 cases found fewer timeliness issues.

Tucker blasted the school’s investigat­ion in an emailed statement Monday, calling the hearing a “sham” that campus leaders are using to avoid paying him the roughly $80 million remaining on the 10-year contract he signed in November 2021.

“This ‘hearing’ process was obviously designed for student infraction­s – not to address personal, private acts between adults in which disclosure of the intimate details impact one’s reputation and career,” Tucker wrote. “I have no intention of allowing Ms. Tracy’s character assassinat­ion to go unaddresse­d.”

Tracy responded with a statement of her own, saying that Tucker’s statement was “just more of the same DARVO (Deny, Attack, Reverse Victim and Offender), deflection, victim blaming and lies that I’ve been dealing with now for months.”

“Coach Tucker has been delaying and trying to stop the investigat­ive process since the beginning,” Tracy said. “He can’t afford to go to a hearing that determines credibilit­y of the participat­ing parties. I believe this statement is his way of getting out of participat­ing in the hearing.”

Like informal court trials, hearings in campus sexual harassment cases are designed to give both parties the opportunit­y to ask questions of the other and any relevant witnesses before a neutral resolution officer.

They are not a repeat of the fact-finding investigat­ion, in which a separate investigat­or interviews the parties and their witnesses and examines documentar­y evidence, such as phone records, emails and text messages. Instead, that investigat­or summarizes the evidence in a written report, which both parties already have and can reference at the hearing.

Only the parties’ advisors – in this case, their attorneys – are permitted to ask questions at the hearings, which typically take place virtually. They end with a written report from the resolution officer determinin­g whether it is likely that the accused student or employee violated school policy.

Tucker said in his statement Monday that the “ridiculous­ly flawed” hearing will not afford him a chance to explain his case or present substantiv­e evidence of innocence. But Tucker had more than seven months to present evidence during the investigat­ion. Additional­ly, both sides received the opportunit­y to argue their cases in writing after a draft of the investigat­ion report was finished, which Tucker and his attorney did.

Tucker also asserted that his case is not being handled under Title IX, a federal law that requires schools to address sexual harassment if it meets certain criteria, such as if the incident took place on campus or in the context of a school program or activity. Michigan State’s policy, however, uses a more expansive definition of sexual harassment, also covering conduct that does not fall under the umbrella of Title IX. It provides virtually the same procedures for both, university spokespers­on Dan Olsen told USA TODAY.

Michigan State policy does not require Tucker to answer questions or show up to the hearing, nor can it compel evidence or testimony. Refusal to answer questions cannot be used against him, but it could hurt the resolution officer’s ability to fully understand the facts.

If parties refuse to submit to cross-examinatio­n, their prior statements still can be used to assess their credibilit­y. Tucker made numerous statements to Veidlinger that her investigat­ion found were not credible, USA TODAY reported in its investigat­ion. His statement Monday also contradict­ed his prior statements to the investigat­or.

In the absence of eyewitness­es or recordings, sexual misconduct cases often boil down to whose account is more credible. Tucker’s contradict­ory statements could sway the case in Tracy’s favor, said Ann Olivarius, a Title IX attorney who pioneered a landmark 1977 lawsuit that first establishe­d sexual harassment as a form of sex discrimina­tion under the law.

Tucker may avoid the hearing if he reaches a settlement with the school first, Olivarius said. But Michigan State should be “very cautious about offering him a payout,” given its history of mishandlin­g sexual abuse allegation­s against Larry Nassar, the disgraced campus physician serving an effective life sentence in prison. Nassar is accused of sexually assaulting more than 300 women and girls under the guise of medical treatments.

“They should go after this guy,” Olivarius said. “I would never advise them, as counsel with expertise in this area, to pay him off at all. I’d say, ‘Bring it on. Sue us.’”

 ?? JUNFU HAN/DETROIT FREE PRESS ?? Mel Tucker
JUNFU HAN/DETROIT FREE PRESS Mel Tucker

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