Attorney: Michigan State doesn’t have cause to fire coach Tucker
Mel Tucker’s attorney said Monday that Michigan State does not have cause to fire its suspended football coach because Tucker did not “engage in unprofessional or unethical behavior” when he had phone sex with an activist and rape survivor who the university paid to speak to his team.
Brenda Tracy said Tucker sexually harassed her during the phone call in April 2022. Several months later, Tracy filed a complaint with the school’s Title IX office.
Tucker has acknowledged having phone sex with her but said it was consensual.
Michigan State’s investigation was completed in July and the university informed Tucker last week it planned to fire him for misconduct.
Attorney Jennifer Belveal denied in a statement that Tucker’s actions were acts of moral turpitude — “by any stretch of the imagination” — at the university that operates in the shadow of Larry Nassar’s abuse of more than 100 athletes.
Belveal said the school previously knew Tucker acknowledged during the investigation in March that he had phone sex with Tracy.
“The notice, which is entirely premised on information you knew at least seven months ago, if not earlier, now affirms Tucker’s belief that the investigation was never interested in the truth,” she wrote.
Belveal also cited Tucker’s “serious medical condition” in stating that the embattled coach reserves his right to fully respond to the university’s planned firing when he’s medically cleared.
Tucker asked for a medical leave for “a serious health condition” while he was suspended and the school denied the request, saying it was “unnecessary,” according to his attorney.
“The fast track to termination following Tucker’s assertion of rights under the FMLA is retaliatory,” she wrote.
The school told Tucker he would be fired for cause and without compensation for misconduct with Tracy, who it considers a vendor because she was once paid to speak with the team, and gave him seven days to respond.
Michigan State spokeswoman Emily Guerrant said Monday the school will review Tucker’s response.
Tucker signed a $95 million, 10-year contract in November 2021. If the school gets its way, he will lose about $80 million he was due to make through Jan. 15, 2032.
“I can only conclude that there is an ulterior motive designed to terminate my contract based on some other factor such as a desire to avoid any (Nassar) taint, or my race or gender,” Tucker, who is Black, said in a response his attorney shared two weeks ago.
A hearing is scheduled for the week of Oct. 5 to determine if Tucker violated the school’s sexual harassment and exploitation policy and a ruling could take up to 60 days.
Tracy’s allegations were made public by USA Today earlier this month and on the same day that the report was published, Tucker was suspended.
Michigan State has hired a law firm to look into the source of a leak that led to Tracy’s identity being revealed.