Mel Tucker sits out Title IX hearing; ex-MSU coach's lawyers share new 'key' evidence

Fired Michigan State football coach Mel Tucker did not participate in the Title IX hearing Thursday that was to address sexual-misconduct claims that cost the coach his job and, the university believes, the rest of the approximately $80 million left on his contract.

Tucker's attorneys sent a letter Thursday morning to MSU interim President Teresa K. Woodruff and the school's Board of Trustees, minutes after the scheduled two-day virtual hearing was getting started. Tucker's accuser, rape survivor and sexual-assault victims advocate Brenda Tracy, participated in the closed hearing, which was expected to reach a conclusion Friday after an outside investigator finished a report in July. Instead, the hearing wrapped up after just one day. There was no word on a resolution Thursday night.

Tucker's legal team said in the letter Thursday morning that it was "prohibited" from participating because Tucker was unavailable because of a "serious medical condition," the details of which have not been disclosed.

Thursday's notification included an eight-page letter to Michigan State from one of Tucker's lawyers, Jennifer Belveal, as well as 98 pages of what the attorney calls previously undisclosed evidence that she says paints Tracy as being motivated by money. Belveal also alleges that Tracy deleted "key" evidence amid the investigation into her claims. Tucker's attorneys are citing some 20,000 "new communications or documents," including several text messages between Tracy and a close friend who has since died.

"We want to be certain that each of you are privy to some of the newly discovered evidence, primarily in the form of messages authored by Ms. Tracy herself, but also including witness statements, that she hoped (and obviously anticipated) you would never see," Belveal wrote.

Thursday's letter was released to the media by Tucker's agent, Neil Cornrich.

Michigan State declined to comment. Spokesperson Emily Guerrant said, "The university will not comment on details related to the ongoing Office of Civil Rights investigation regarding this situation." Tracy's Lansing-based attorney, Karen Truszkowski, also declined to comment.

Tucker was suspended without pay on Sept. 10 after details of Tracy's allegations were made public in a USA Today report. The coach was fired Sept. 27, for cause, according to the university, less than two years after he signed a landmark, 10-year, $95 million contract extension.

MSU athletic director Alan Haller has said Tucker embarrassed the university, breaching the terms of Tucker's deal.

Tracy, who befriended Tucker after she was contracted to come to the university and speak to his student-athletes, has alleged that during a late-night phone call in April 2022, Tucker masturbated without her consent. Tucker has maintained it was consensual "phone sex." Tracy has alleged that after the phone call, Tucker had his staff cancel a future speaking engagement with her company, Set The Expectation. Tracy filed a formal sexual-misconduct complaint against Tucker in December, and an Office of Institutional Equality investigation was opened in March.

Tucker was allowed to coach Michigan State's first two games this season, before he was suspended. Michigan State fired him before this week's Title IX hearing, sending a message that regardless of this week's resolution, it had grounds to terminate his contract. The university, though, was adamant the hearing still would take place.

Tucker, 51, who is estranged from wife JoEllyn, has acknowledged having a flirtatious relationship with Tracy, who said in text messages that were part of Thursday's letter that he once told Tracy, "I love you." Tracy has said she rebuffed Tucker's attempts at a romantic relationship and told the investigators that she was "single on purpose," meaning she didn't get romantically involved with people she encountered through her field of work. She has spoken at several colleges across the country over the last several years, including Michigan State and Michigan.

But in Thursday's letter, citing text messages, Tucker's attorneys claim Tracy did get "personally" involved with at least one high-profile college basketball coach, who is married. According to Thursday's letter, Tracy said she was "dating" the basketball coach. The letter cites text messages between Tracy and Ahlan Alvarado, her close friend and personal assistant, who has since died following a car crash. Tucker's attorneys said in Thursday's letter the relationship between Tracy and the basketball coach took place at the same time as her relationship with Tucker.

The Detroit News has reached out to the school where the basketball coach, who previously was an assistant coach in the NBA, currently works, requesting comment. The school, which is not in the state of Michigan, didn't respond. The Tucker team's letter identifies the coach by name; The News is not identifying him at this time.

Tucker's lawyers also are alleging that while Alvarado was in the hospital, after the June car crash, Tracy "sought to sleep over at Ms. Alvarado’s house (in her room) and repeatedly asked Ms. Alvarado’s family for access to Ms. Alvarado’s phone and computers," according to an unnamed witness who has provided a sworn statement.

Also in Thursday's letter, Tucker's attorneys cited messages saying Tracy sought a quick financial settlement with Tucker, with one message suggesting a $10,000 payment. But according to the USA Today story last month, Tucker proposed a settlement, which Tracy declined. Tucker's attorneys also said Thursday that about one week before filing her complaint against Tucker, "she was down to $5." Tracy was behind on her taxes, Tucker's lawyers claim.

Belveal, a Michigan State alum, said that if not for Alvarado's death, "Ms. Tracy's misrepresentations and manipulation would have come to light months ago."

"This certainly is not a proud moment in Spartan history," wrote Belveal, who has blasted Michigan State's OIE investigation, with Tucker previously calling the investigation "a sham."

Tucker's legal team, which claims Michigan State overstepped in investigating Tucker's personal life, has indicated it plans to sue the school for wrongful termination, and has demanded the university preserve cell phone, computer and written records from Haller, Woodruff, members of the Board of Trustees, and other university officials, including those working in the Title IX office. Without settlement, a lawsuit could up to two years.

Tracy, an Oregon native, agreed for USA Today to publish its story in the early morning hours of Sept. 10, with her extensive comments and shared documents and phone records, after learning her name had been leaked to local media. Michigan State is investigating the source of the leak. Tucker's attorneys, however, claimed Thursday that Tracy was talking to at least one other media outlet, ESPN, before USA Today published.

Tucker, hired in 2020 to replace longtime coach Mark Dantonio, was 20-14 in three-plus seasons as head coach of Michigan State. He had one winning season, going 11-2 in 2021, when he was given the extension that made him the highest-paid Black coach in North American sports. The contract was funded in part by MSU megadonors Mat Ishbia and Steve St. Andre. Their pledges are retractable at their discretion; neither donor has commented on a potential change in plans, nor the Tucker situation.

Tucker hasn't spoken publicly since his suspension, except through statements. Days after he was suspended without pay, his representatives requested a medical leave through the Family Medical Leave Act; his reps say Haller ignored the request. Tucker previously filed an FMLA claim while with the Chicago Bears in 2014, delaying his firing. The News has requested more details on the medical issue, but Tucker's agent has declined to elaborate.

The Title IX hearing, at which Tracy and Tucker would've been allowed to ask questions of each other through their attorneys, took place while Michigan State, now led by interim head coach Harlon Barnett, is on its bye week.

tpaul@detroitnews.com

Twitter/X: @tonypaul1984