MSU Trustee calls for investigation into name leak

Submitted by Dennis on September 13th, 2023 at 6:32 PM

Dianne Byrum, one of MSUs trustees, made a statement calling for the university to investigate and identify who leaked Brenda Tracy's name. Gretchen Whitmer tweeted about "wanting answers as well." 

I hope they get all the facts soon and hold folks accountable. 

 

 

Hensons Mobile…

September 14th, 2023 at 8:30 PM ^

JonathanE, you and I are going to get to the bottom of this. Here's my new working theory. I just listened to a segment from The Michigan Insider yesterday, so some of it is taken from what Sam Webb said. Also sprinkling in what other posters here have theorized, and of course taking Tracy's statement into account.

1) Tracy perceived that Tucker was threatening to ruin her. She got even more scared during the investigations.

2) Preemptively, Tracy went to USA Today and, off the record, provided them all of the documents from the case. In her mind, she would have some control over a version of the story that would be published in her back pocket. In her statement, she even said "I did not want to publish my story..." Kenny Jacoby might object to that phrasing since it's his name on the byline and the decision to publish was USA Today's, but I digress.

3) Based on her statement, she definitely indicated her plan was to have the story published at some point. So she is assuming that eventually she will tell USA Today that she's going on the record, it's just a matter of when. (Her lawyer's statement was less certain that there would have been a story published in the future without the leaks.)

The reason she believes she will ultimately go on the record is because she believes one of the following is likely to occur:

A) After the hearing, MSU would find Tucker more likely than not to not be in violation of the school's RVSM policy (i.e., he's innocent). Or possibly that he was found in violation and quietly given a slap on the wrist.

B) Tucker or someone from MSU would try to smear her in the press before the hearing, and if someone from the press called her, she couldn't risk saying "no comment" because they would possibly be running a story with details that would make it clear it's her even without naming her and she would have no idea what they had for their story.

In the case of A, I suppose it would all be swept under the rug and she would want to shine a light on it as a last resort. In the case of B, she would have USA Today publish a story that she knew had the investigation documents, or at least the ones she wanted to provide. I don't know if she considered option C, which is that Tucker would have been found in violation of the policy and severely reprimanded or fired.

Now JonathanE, I know what you're thinking. If she thought it was very possible that after the hearing Tucker would basically just get away with it, why not just go to the press then? Why have it all prewritten and make Kenny Jacoby sit there quietly waiting with bated breath until he was given the green light? Good question! There really is no reasonable answer for this that I can think of, but based on Tracy's statement, it appears she did not want to go that route.

And I know you're also thinking, if someone from the local media called her and said:

"Hey, I heard you're the complainant in the complaint against Mel Tucker. Is that true?"

why did she think it made more sense to hang up the phone and then immediately call Kenny Jacoby and say "Publish now!" rather than just talk to the person who called, since she's apparently willing to talk to the press and provide all the documentation? Does she think that the first source for a story is the one the journalist will treat as his or her pet project and automatically write a story slanted in favor of whoever contacted them first? Good question! I don't know!

And I know you're also thinking, isn't it disingenuous of her to say in her statement that she is "angry that my right to confidentiality has been violated" when she had already talked to USA Today and provided them with non-redacted documents and had every intention of having them publish the story at some point? Hey, you called it disingenuous, not me! Make sure you give your negs to JonathanE and spare poor little Henson's Mobile Backup.

That's the best I've got.

JonathanE

September 14th, 2023 at 10:05 PM ^

This again makes me want to see where all of the 1200 pages of documents have been dumped online to read for myself. 

Taking all that you wrote, even though the USA Today piece is supposed to be unbiased news reporting, the story is definitely slanted towards Tracy. So much so that after publication, Haller, Woodruff and the BoT all lock arms and suspend Tucker without pay. 

-- Was that strictly based upon a USA Today news article or were they all finally given a copy of the submitted report? If they could be given a copy of the report after a news story, why couldn't they have been given one before?

IF everything was that damning, then why would anyone expect option A to happen?

-- Is everyone at MSU that sick of Tuckers contract that they are latching onto anything to get rid of him and start anew?

I guess you could fall back to option B but going from memory of one of Tracy's statements (I believe it's a response to Tucker's only comment) she is talking a tough game in that she has no problem with Tuckers attorney in cross examination for the upcoming hearing and is basically calling Tucker out to get crossed himself. 

-- One part which has always bothered me is that both Tucker and Tracy have erased their text messages. After reading the USA Today article, I do not think anyone was surprised that Tucker had deleted his text messages and his excuse sounds kind of lame. But it was surprising to me that Tracy had also deleted her text messages. I am speculating here but at some point, when she filed the complaint, I am going to guess that she had put some forethought into organizing her complaint. Since the crux of the complaint is based upon a telephone call where there is no recording it seems that text messages should back up either Tracy or Tucker in some way. 

-- Tracy didn't hire a company to dump her phone and try and recover any deleted data? Has Tucker done that as part of his defense? 

My heading is spinning Henson, I'm sure some other nugget will drop again. Right now, it just appears to me that Tracy had a contingency plan in place and has momentum while MSU and Tucker both looked blindsided and unprepared. 

 

 

Hensons Mobile…

September 14th, 2023 at 11:12 PM ^

You know what's funny? I wrote that whole post in this thread and then went back on the Mel Tucker internet search to see that just an hour earlier, USA Today had dropped another story that spelled out how they got the story, when they got the story, and why they published it when they did. I linked it in a post on the board as an OP.

But basically it's as I had finally arrived at: Tracy contacted a trusted USA Today reporter in May 2023 and told them to hold the story until she gave the okay. We still don't know the exact nature of the MSU leak, but people from MSU talked anonymously to Gannett reporters in Michigan who told USA Today (also owned by Gannett, so they already knew USA Today had the story) and then USA Today told Tracy that MSU had talked to the Michigan reporters. So Tracy said, print it.

How that aligns with "I had to publish my story to protect myself..." well, I think a lot of people aren't questioning that. Just you and me.

Personally, I wouldn't say the USA Today article was slanted. It presented Tracy's version of events and Tucker's version of events because both were presented in the investigation. Before publishing, they called him and as soon as they mentioned the case, he hung up. When Tucker released his statement the next day to defend himself, he included exactly zero new pieces of information. Anything he said was already in the USA Today article.

Regarding the text messages that Tracy deleted, I believe she said she deleted those before she had decided to file the complaint because she just wanted to get rid of any Tucker stuff that creeped her out. Maybe you believe that story, maybe you don't, but that was her explanation. I don't know what action has been done by either of them to try to recover their deleted texts, but clearly they were not recovered by either.

As for MSU, who knew what when and why did they take (or not take) the actions they did when they did? Well, their version of the story is that per best practices, everyone at MSU is kept in the dark as much as possible for as long as possible while everything is handled by the Office of Civil Rights. So only Haller knew who the complainant was (so he could issue a no contact order to Tucker) but none of them knew the details until it was reported that Sunday morning.

That seems to conflict with USA Today's latest story, which says USA Today network reporters heard her name and details of the case mentioned, which was relayed to Tracy by USA Today, making her believe someone from MSU leaked her name. However, USA Today actually wrote it in a way that could be read as they overheard other people talking. But given that they rushed to tell Tracy about it, it would appear they were eager to give her the impression that MSU people were talking to the press. So if that's the case, it would either have to be someone from OCR (seems highly unlikely) or one of the people at MSU who allegedly knew nothing.

In conclusion, someone, somewhere, is lying.

Yeoman

September 15th, 2023 at 3:52 PM ^

My theory on the suspension is:

(1) They couldn't suspend him without some sort of statement as to why.

(2) They had good legal reason not to want to be the party that made the investigation public because if  they did Tucker could claim they'd prejudiced his case.

(3) Once the newspaper article ran and it was public, it became possible to suspend him. They weren't the ones who had let the cat out of the bag.

tybert

September 14th, 2023 at 12:31 PM ^

My sense, since the sports world heard NOTHING about this situation even though the event happened April 2022, Complaint filed Dec 2022, Findings published internally July 2023 - is that Mel would have gotten off with a fine and perhaps some vague reference to an "unacceptable event" --> She was trying to make her story visible if she believed this was going to be swept under the rug for the most part.

I don't think she personally wanted this out before October. The media leak forced her on the defense since Mel's probably been staging an internal war against her with AD and Prez.

MSU would likely have been afraid to roll the dice and fire him for cause even if the October Title IX hearing was damning. 

What has shocked me the most is the story didn't come out when the July report was completed. Usually sex stories about famous people get leaked right away.

Jonesy

September 14th, 2023 at 12:27 AM ^

Where is this outrage when they should be investigating all the actual sexual assaults that happen at MSU? Reminds me when at work our newish boss fired almost all of the most expensive employees without ever figuring out what they do out of nowhere but it was leaked out a day early. The next day, when all of us who were left were incredibly pissed off, she held a meeting to tell us, 'I know youre all angry but dont worry, i will investigate who leaked this!' Oh and then over the next few months as the people in charge realized what the people fired worked on they realized we couldnt deliver on like half the department's work. Fucking people in charge for no reason.

Optimism Attache

September 14th, 2023 at 6:49 AM ^

I unfollowed him long ago, but his stuff still pops up in my feed sometimes. I understand he has serious health and other issues, but it's really disappointing to see. He seems like one of those people who won't tolerate you being on his side for 90% of issues. If you don't 100% embrace his worldview on certain issues, you might as well be dead. Seems like a total lack of self awareness given, you know, how he benefitted from his role on this blog and Brian personally. 

GoBlue96

September 14th, 2023 at 7:51 AM ^

I honestly forgot about him until I saw Magnus tweeting about him this morning so I knew he had to be doing something ridiculous.  Looks like he's now finally unemployed.

The tweet when he said he could have sued Brian for not apologizing to Ace because he called MSU the fighting nassers on a podcast is really something.

GoBlue96

September 14th, 2023 at 9:29 AM ^

It's hard to get it all but he was offended by Brian's tweets about MSU bringing Dantonio back.  He feels Brian should say anything bad about Dantonio because of the Anderson issues at U of M.

https://twitter.com/AceAnbender/status/1701581492701282654 https://twitter.com/AceAnbender/status/1701585509275902338 https://twitter.com/AceAnbender/status/1701586581025411125

 

garnejo1

September 14th, 2023 at 9:50 AM ^

This is the society we live in now...."maybe had to do with the fear of being sued to oblivion if he fired me."

What would he even sue Brian for?

That dude needs to do some self reflection and get some professional help....he's a beacon for the "woe is me and entitlement portion of society (which is getting bigger and bigger by the second)".

Boner Stabone

September 14th, 2023 at 9:26 AM ^

Ace scammed a lot of us out of $$ in his Go Fund Me Operation.  Still disgusted knowing all that money went to him using it to buy new equipment.  It takes a real loser to do something like that.

Meanwhile, I continue to live life without a phone and drive my rusty 2002 Cavalier around with 275,000 miles on it.  

Dennis

September 14th, 2023 at 10:40 AM ^

I don't think I've ever seen anyone so routinely weaponize their own identity as a survivor.

Oversharing here, but my stepbrother was a monster. He hanged me from a bunkbed with a belt, sodomized me with a hammer, suffocated me in couch cushions, and raped me on three occasions, when I was 7 years old. 

I won't pretend to know Ace's experience but some guy touching your penis feels pretty mild in comparison. Yet somehow I think Brian is totally clear to tweet his mind about a school that is unequivocally worse in its actions than anything Michigan has done. 

I also think being a survivor doesn't necessarily give you extra clout to speak on the issue. All it does is serve as a card in a defensive deck to throw out and discredit criticism or provide criticism with self-perceived impunity. 

He needs to go to therapy, cry a lot, and get over himself. Part of healing is realizing many people will never understand what you've been through, and they don't need to center you in their universe in order to give insight into theirs. 

Brian is speaking his mind on MSU and nothing he's saying is factually inaccurate. He has a right to be pissed off about the Dantonio situation. Ace sounds like a petulant child who has a deep wound surrounding a lack of attention and care - I should know, I have the same problem at times. 

Booted Blue in PA

September 14th, 2023 at 9:17 AM ^

Sparty has got themselves quite a situation......

They're currently on the hook to Tucker for what  70 mil?    They will no doubt fire him, but he's not going away without getting paid.  They will probably settle for something like 10 to 20 million with Tucker.

Ms. Tracy will be suing MSU for leaking her identity to the media, and rather than go to trial they'll offer her a settlement as well, another 10 to 20 million?   

They're going to be shopping the clearance rack for a new head coach on the budget they'll have left.

mgoblue78

September 14th, 2023 at 2:16 PM ^

Except, after all the talk about Ishbia and St. Andre paying the bulk of Mel's contract, it was ultimately revealed that they were ponying up "only" $14 and $10 million respectively, roughly 25% of the salary, and those amounts over 10 and 6 years respectively. Ishbia is committed on the whole $14 million, but St. Andre can cancel the balance of his pledge any time after the first installment. And Ishbia's donation is to be applied toward salary.  Seems to me that if there is a settlement after Mel is fired, the entire amount is on MSU.

tybert

September 14th, 2023 at 12:10 PM ^

Had a discussion with a close friend and MSU grad about this. We generally agreed on the most likely suspects.

1. USA Today - someone may have leaked it at a party with a few close associates. Gossip (even when only partly true) and drinking go together hand in hand. Once it got on the gossip circuit, then it would spread until word got back to Tracy that her name was out there. I don't think this was intentional, just more of a "loose lips sink ships" scenario.

2. Someone close to Tracy who was concerned - since the findings were published in July, Mel wasn't suspended right away, and a "secret" hearing wasn't happening until early October - this person may have felt, like Tracy, then Mel was going to get off lightly and secretly, perhaps with a fine. Since this wasn't an NCAA violation, not sure if any discipline he would have received would have ever been made public. 

3. MSU - very unlikely as the fight to have Mel's contract voided would have been intensely heated and financially dangerous for MSU if it looked like they were leaking info to fire him. I was surprised to find (in one of the FEW good articles in the papers about Title IX) that a person could not be charged with a crime for releasing the details of a Title IX finding. At least that's how I read the article. Apparently, that was put in so that a whistleblower could leak info that a school was loathe to make public without being charged.

4. Mel? Not a chance! This guy would have gotten off with just a fine, and privately at that since no crime was committed. I still think he will get at least 20MM to walk. 

Yeoman

September 14th, 2023 at 3:20 PM ^

Disagree strongly with your conclusion in #4: I think Tucker's attorney has known his ass was cooked at least since the report was issued and probably before. Her main defense was that the university had no jurisdiction over their employees' private affairs, then it turned out Tucker was lying about where he was at the time. Was there retaliation against her when her visit was canceled? Oops, he lied about the circumstances there too. His credibility's shot, he's burnt through his main defenses and he's already admitted to the basic facts of the matter. If they had any good evidence to bring, they never would have relied on procedural stuff that required him to perjure himself to even get them off the ground. (To be fair, I'm guessing his attorney was blindsided by the lies too. I doubt that was advice of counsel.)

Since then their strategy seems to be to set things up for the wrongful-termination aftermath. The process is a sham, the investigator is biased (race and gender both tossed out there), she didn't ask Tracy about Izzo or Engler etc., the opposing attorney is blackmailing me....

And now Mel can't get a fair hearing because it's all gone public. Damn convenient, that.

MichaelCarras

September 14th, 2023 at 12:40 PM ^

Strangely, no mention by the trustee of the biggest victim of making this public- Mel Tucker. 

There is no chance for Tucker to get a fair hearing now. And it becomes circular reasoning to fire him.  The biggest argument for his dismissal is bringing public humiliation to the university, but the only reason it brought public humiliation was the leak.

At least according to this employment attorney who specializes in Title IX, there is no case for a lawsuit against Tucker. He didn't violate  criminal law. And no other MSU employee would likely get terminated for what Tucker did. https://www.fox2detroit.com/video/1278528

SalvatoreQuattro

September 14th, 2023 at 1:36 PM ^

Yes, they would. People are being fired all the time for what they do off the clock. I have to be careful what I say because I do represent UM even when I am off the clock.

So you are wrong there.

Calling Tucker a victim is the same as saying Russia is a victim of Ukrainian aggression. A gross inversion of reality.

You are a morally warped person.

MichaelCarras

September 14th, 2023 at 2:16 PM ^

 

Yes, they would.

The employment attorney I who Fox 2 interviewed disagrees.  Unless you are  an employment attorney specializing in Title IX, feel free to have no opinions.

 

Calling Tucker a victim is the same as saying Russia is a victim of Ukrainian aggression. A gross inversion of reality.

You are a morally warped person.

Not even remotely the same or even connected. Russia has aggressed against another nation unprovoked. Getting a fair hearing is foundational to Western civilization.  If you don't get a fair hearing, which he can't now that this has been leaked, you are a victim. He stands to lose 10s of millions of dollars.

 

And we have a different definition of morality. I believe in justice and rule of law. You believe in mob rule and the law of the jungle.  Here are your views on Nassar.  I don't share the view and it puts your views on not giving people fair hearings in context.

 

https://www.mgoblog.com/mgoboard/ot-nassar-stabbed-prison

I don’t understand how people could not support violent extrajudicial punishment in such circumstances.

GBBlue

September 14th, 2023 at 2:34 PM ^

There is, as you say, considerable doubt whether a lawsuit under Title IX would be successful because Tracy is an outside contractor. But you should be aware there are other claims, besides Title IX claims, that could be brought here. Potentially, Tracy could have claims for Intentional Interference with Contract, Intentional Interference with Business Relationships, maybe Defamation, Injurious Falsehood, and Intentional Infliction of Emotional Distress. There may be others. I doubt the lawyer you're referencing  was asked about non-Title IX claims.

SalvatoreQuattro

September 14th, 2023 at 4:29 PM ^

 I saw a guy lose his job over sexual harassment. Whoever this attorney is seems dubious as I witnessed first hand a Union worker lose his job over sexual harassment. Additionally, we have been warmed about  what we saw social media and even what we do in our private lives. 

He is getting a fair hearing. He has been permitted to provide evidence and testimony in his defense. You for some reason are ignoring this.

He could be fired for moral turpitude which would have became known regardless of the leak once the hearing was held. The moment he admitted to masturbated in writing he was done as head coach at MSU. There is no coming back from that.

You used pompous, smarmy language to disguise your misogyny and disingenuousness. You are a well known troll who no one believes. 
 

 

GBBlue

September 14th, 2023 at 1:57 PM ^

"The biggest argument for his dismissal is bringing public humiliation to the university, but the only reason it brought public humiliation was the leak."

This is incorrect. One of the causal reasons for MSU's public humiliation in this instance is the leak, and even that assumes this matter could have been kept confidential indefinitely. 

The other reason is the alleged underlying conduct itself. If the allegations are believed, Tucker engaged in a potentially non-consensual sexual act with a vendor, whose services happened to be educating his players on sexual misconduct. Even if we completely credit Tucker's claim the matter was consensual, he still engaged in an emotional affair with a vendor, which blew up in his and the university's face. This is an easily foreseeable risk Tucker intentionally took, and it played out in the way Human Resources departments everywhere fear. For instance, Tucker claimed he cancelled or postponed Tracy's scheduled session with his players for legitimate reasons, but the fact that he had entered into (by his version of events) a romantic relationship with Tracy, which apparently then ended, automatically makes the matter fraught and exposes the university to embarrassment and possible legal liability. 

Then there's Tucker's alleged behavior during the course of the investigation. If reports are to be believed, Tucker lied to investigators on at least two instances. First, he allegedly misrepresented where he was when the phone call took place in an apparent effort to distance the phone call from his official duties. Second, he (allegedly) told investigators ESPN was investigating Tracy's claims that she was gang raped. This turned out to be false, and it's retaliatory on its face. 

I'm not privy to Michigan State's standard practices, or whether the university has ever faced a fact pattern like this. But an ordinary employer, even if the employer had signed a just-cause contract, would have a good case that there was good cause for discharge.

It's far too generous to Tucker to argue that the only reason for his predicament was the leak. For the most part, he brought this on himself. 

tybert

September 14th, 2023 at 5:40 PM ^

No matter what people think about who's to blame, Title IX, etc. 

These things are bound to happen:

1. Mel's going to get 10-20 MM to leave. MSU may think they can fire him for cause, but look at what happened which Richrod had his mistress on the sideline and his secretary covering for him until she sued him for harassment. He got about 6 MM to leave. 

2. Tracy's going to get at least a few million either in court or as a settlement. Mel and MSU are both going to be on the line.

3. MSU saves 10s of Millions 

4. Harlon Barnett get a Jim Leonhard-type test drive. With road games at Iowa and Ohio, home games vs. UM, Wash, PSU (actually neutral site in Detroit), he'll be lucky to go 7-5. If he somehow pulls off an upset, he saves his job - Leonhard's problem was that he lost to Iowa and Minnesota, two rivals of UW. 

5. Pat Narduzzi is scoreboard watching the rest of the season. He didn't feel comfortable, perhaps, replacing Dicktonio, but can't really lose replacing The Mel-ster. His hatred of UM alone may finally drive him to come back. I think he's peaked at Pitt. Looking at their schedule (at WVU, UNC, at ND, FSU, at Duke), he could end up 6-6 but Sparty fans would hold a rally to have him return.