Brenda Tracy intends to sue MSU, trustees for $75M in Mel Tucker case

The woman who accused former head football coach Mel Tucker of sexual harassment intends to sue him, Michigan State University, the Board of Trustees and 12 other yet-to-be identified individuals for $75 million for damaging her personal and professional reputations, according to the legal filings.

Brenda Tracy, a gang rape survivor who founded the nonprofit, Set the Expectation, this week filed two notices with the Michigan Court of Claims that she intends to file a lawsuit on claims including breach of contract, Title IX violations, invasion of privacy and negligence.

The court documents outline how Tracy alerted MSU to Tucker's behavior and argue that MSU failed to keep confidential her identity while the complaint was under investigation. The intent to sue filings said the university only suspended and then fired Tucker after the harassment allegations became public and Tucker subsequently leaked confidential text messages between Trach and her close friend and business associate who died in a car accident.

Tracy's intent to sue are two separate lawsuits, one for her and the other for her nonprofit, seeking $50 million and $25 million, respectively, according to documents provided to The Detroit News.

"As a result of the disclosure of (Brenda Tracy’s) identity, and the release of the confidential text messages from Sally Doe’s phone, (Brenda Tracy) (and her family) have been subjected to threats to their health and safety," according to the court filing. "Those threats are ongoing and continue to the present."

Tracy filed a complaint about Tucker with the university in December 2022, saying Tucker sexually harassed her with a nonconsensual sex act during a late-night phone call in April 2022. At the time, Tucker was one of the highest paid college football coaches in the nation. Tracy was a vendor once paid to speak with the Spartans football team about how to prevent sexual abuse and misbehavior.

Several months later, Tracy filed a complaint with the school’s Office for Civil Rights and Title IX Education. The story became public in September when a confidential email from Tracy's lawyer that was sent to MSU's general counsel was released to a student journalist for The State News, according to the court filings.

Soon after, Tracy's allegations against Tucker appeared in USA Today, and Tracy went public before the complaint was resolved. Her lawyer said Tracy went public because an outside party leaked to local media and "violated her right to confidentiality."

MSU, which determined in October that Tucker sexually harassed Tracy and violated his contract, fired Tucker within a week of the USA Today report and banned him from campus. The intent-to-sue notices argue that Michigan State should have done a better job screening Tucker before hiring him.

Tracy's intent to sue said that her reputation was damaged after Tucker's harassment and threats; he released texts between her and her now deceased business assistant who was also her best friend; and MSU's failure to prevent his behavior and keep the investigation confidential.

The $75 million in damages that Tracy is seeking would be split between her nonprofit, $25 million, and herself, $50 million.

"But for MSU’s failure to properly investigate (Mel Tucker) before his hiring, (Brenda Tracy) would not have been exposed to Mel Tucker’s egregious harassment and threats," the intent-to-sue documents said.

The filings also accuse the university of failing to properly train, supervise and discipline Tucker. They also said MSU's failure to keep Tracy's identity secret subjected her to "the relentless bullying and threats from the public, social media, and other outside sources. (Brenda Tracy) has been falsely accused of releasing her own name, subjecting her to further harassment and threats."

Karen Truszkowski. Tracy's lawyer, and Jennifer Belveal, Tucker's lawyer, could not be reached for comment.

Tucker has described their relationship as flirtatious and admitted to the sex act, but said it was consensual. Tucker's lawyers argued that the text messages showed Tracy was out for cash from Tucker, who signed a 10-year, $95 million extension in November 2021.

An Ingham County judge granted a temporary restraining order against Mel Tucker and his lawyers that banned Tucker's legal team from releasing additional text messages from a cell phone that lawyers for Tracy said were obtained illegally

Tucker's representatives also disputed the MSU Title IX hearing officer's finding, arguing it was "fraught with countless legal and factual errors." Tucker and his lawyers did not participate in an Oct. 5 hearing.

MSU spokeswoman Emily Guerrant said the university does not comment on litigation.

It's not clear who may have leaked Tracy's identity. MSU hired the Jones Day law firm to conduct an investigation, and it found "no evidence" that a trustee, university employee or administrator was responsible for but couldn't identify who leaked her name.

kkozlowski@detroitnews.com