Mel Tucker's lawyer issues notification to Michigan State, takes steps toward 'illegal termination' lawsuit

East Lansing, Mich. – The attorney of former Michigan State head coach Mel Tucker has notified the university’s general counsel, “in anticipation of litigation,” to preserve all electronic and hard-copy documents, as Tucker’s camp appears ready to dig in for an illegal termination suit. 

The letter from Tucker’s attorney, Jennifer Z. Belveal, was emailed to Brian Quinn, Michigan State’s Vice President for Legal Affairs and General Counsel, lists Michigan State athletic director Alan Haller, university president Teresa K. Woodruff, each member of the Board of Trustees, and others as custodians to the notification. 

Others listed as custodians to the notification include director of football operations Ben Mathers, Title IX investigator Rebecca Veidlinger, Michigan State interim senior deputy Title IX coordinator Nicole Schmidtke, university vice president for civil rights and Title IX education Laura Rugless, Michigan State Title IX deputy coordinator Katie Bylenga, and all members of the university’s athletic department. 

Tucker was fired as head coach on Tuesday. stemming from allegations of sexual misconduct made by Brenda Tracy, a sexual assault survivor and speaker who was hired by Tucker to speak to Michigan State’s football team on one occasion in August of 2021. 

Michigan State athletic director Alan Haller, with support of university administration, suspended Tucker without pay on Sept. 10.

The preservation of documents notification issued by Tucker’s attorney on Thursday requests that records stored on electronic devices, including work cell phones, personal cell phones, work computers, personal computers, work physical files and personal physical files be preserved with the warning that “failure to preserve such records will result in a negative litigation inference against the university and other potential defendants.”

The letter instructs the university to “take reasonable steps to prevent destruction, alteration, deletion or theft of potentially relevant records.”

The notice “covers all documents, information, data or other materials that are potentially relevant” to Tucker’s employment, “the contract, the termination of the contract, the ‘for cause’ determination,” and “the university’s investigation to the leak of information relating to the RVSM investigation,” and more. 

Haller announced on Sept. 19 that Michigan State had delivered Tucker written notice of intent to terminate his contract for cause in seven days. The statement, in accordance with Tucker’s contract, provided Tucker seven days to respond and present reasons to Haller and MSU’s administration why he should not be terminated for cause.

Michigan State’s notice to Tucker stated that he “made unwelcome sexual advances towards” Tracy, a vendor who was “contracted by the University for the sole purpose of educating student-athletes on, and preventing instances of, inappropriate sexual conduct.”

The notice claims that Tucker “masturbated on a phone call without her consent” and concludes that “while the formal grievance process proceeds, the above-described undisputed facts provide multiple grounds for termination under the Agreement’s Early Termination Provision.”

The notice claims Tucker’s behavior “constitutes a material breach, demonstrates ‘conduct which constitutes moral turpitude,’ and “has brought ‘public disrespect, contempt, or ridicule upon the University,’” all of which it claims are grounds for dismissal.

Tucker’s attorneys responded on Monday, stating that Tucker “did not engage in unprofessional or unethical behavior or ‘moral turpitude’ by any stretch of the imagination.” The statement criticizes the university for moving toward firing Tucker “without any meaningful review of the facts.”

Tucker entered this season in the second year of a 10-year, $95 million contract.

According to statements from Tracy and Tucker to a Title IX investigator made public via a news report by USA Today on Sept. 10, the pair participated in a relationship consisting of texts and phone conversations, culminating in a phone sex conversation on April 28, 2022. Tucker claims that conversation was consensual, but Tracy categorizes it as harassment. 

A few days prior to the phone sex conversation, she was honored by Tucker and the team at Michigan State’s spring scrimmage on April 16, 2022. She was scheduled to speak again to the Michigan State football team on July 25, 2022, but that date was canceled as the relationship between Tracy and Tucker turned sour. 

Tracy filed a complaint to Michigan State University in December of 2022.

Tucker, 51, is married. He said in a statement on Sept. 11, that he and his wife “had been estranged for a long time” when his relationship with Tracy developed.

Tucker was 20-14 in three-plus seasons for the Spartans. He coached Michigan State to records of 2-5, 11-2 and 5-7 in three full seasons. Michigan State was off to a 2-0 start this season when the USA Today news story broke, just hours after the Spartans defeated Richmond, 45-14, on Sept. 9.

Tucker and his attorneys are digging in to claim all or a percentage of the remaining money on his contract. Michigan State is holding firm to its claim that it fired him with cause.