OT: Tucker's response to "Intent to Terminate" - ESPN article - link provided

Submitted by Amazinblu on September 19th, 2023 at 11:43 AM

An article on ESPN's web site describes Mel Tucker's response to the "Intent to Terminate" notice he received.

Among other things - he describes how MSU reacted differently to requests from him and Ms. Tracy.  "Tucker's claim of a double-standard comes from how the school handled leaks in the case. He says that on Aug. 25, well before the story went public, he "demanded an investigation into leaks.""

Here's the link to the entire article: https://www.espn.com/college-football/story/_/id/38439040/mel-tucker-says-other-motives-play-michigan-state-decision

KRK

September 19th, 2023 at 1:13 PM ^

"Suspended Michigan State football coach Mel Tucker responded Tuesday to the school's notice that it intends to fire him for cause, saying in a statement that "other motives are at play" and there's been a "bias" against him throughout the process."

You have to respect a guy who's publicly claiming that he's not being fired for jerking off on the phone with not-his-wife, but rather for being insanely overpaid for being a terrible coach. 

ThatTCGuy

September 19th, 2023 at 1:26 PM ^

Sounds like he's going to sue to try to get that buyout money. I'm guessing they try to settle quickly since if this goes into discovery it could be bad for MSU. 

LSAClassOf2000

September 19th, 2023 at 1:29 PM ^

"MSU sent its notice of intent to terminate just days after I emailed [Michigan State athletic director] Alan Haller requesting a medical leave under the Family and Medical Leave Act for a serious health condition," Tucker said in the statement. "I can only conclude that MSU does not care about my rights, the truth, or its future liability for policing its employees' private lives."

I could be wrong here, but I would imagine that they thought - maybe cynically, but perhaps correctly in this case - that an employee trying to request such leave while suspended was simply trying to delay the inevitable through means that he believed would be feasible. Just a guess, maybe a wrong guess...

Amaizing Blue

September 19th, 2023 at 1:34 PM ^

Reads to me like a man and his lawyers angling for a large settlement and throwing every issue under the sun in there hoping that at least one of them sticks.  Not that I blame him, I would also want a large settlement if I was in his position.  Muddy up the waters, throw accusations at everyone else, and hope it's worth 20 or 30 million to MSU to make him shut up and go away.

 

 

HarBoSchem

September 19th, 2023 at 1:42 PM ^

Another interesting piece of info I saw was that Tucker requested FMLA leave prior to the intent to terminate was given to him. 

My question to an employment attorney would be, does the FMLA protect employees who are suspended without pay? And if a termination action is already set in to motion, does a request for FMLA leave fall to the wayside?

Did MSU fuck this up and Tucker is still going to get paid by Michigan tax dollars?

PopeLando

September 19th, 2023 at 1:50 PM ^

I low-key LOVE that Mel Tucker is going Scorched Earth on this.

What’s that quote from Stalag 17? “Remember, the [Germans] may be dumb, but they ain’t stupid.”

Tucker may be dumb, but he undoubtedly has dirt on MSU. My guess is that he knows he’s done, and the only thing left to angle for is a “pay me to go away and shut up” settlement that the Board of Trustees would be stupid NOT to pay. 

Discovery on any lawsuit would be wild in what it would uncover. I definitely WANT that to happen. But all the MSU parties involved would have to be SPECTACULARLY stupid to allow that. And in cases of “gotta circle the wagons again”, MSU and their corrupt BoT have proven to be only MODERATELY stupid. They definitely understand “money will make this go away”, and they treat the MSU budget like their own piggy bank.

RGard

September 19th, 2023 at 2:54 PM ^

I suppose they could throw some at him to end the situation, but it sure sounds like MSU will stick with the plan of terminating him with no buy out.

The only stuff Mel can rat them out about is within his own program.  He may have heard of some Izzo asshattery, but I doubt that's anything but rumors.

Yeoman

September 19th, 2023 at 8:16 PM ^

It's not a question of what he knows, it's what his team can expose in discovery.

I still think MSU has a lot to gain from a PR perspective from standing up to him anyway. There's nothing he could possibly expose that's as embarrassing as Nasser etc. This is their chance to say that's not us any more.

BlueinLansing

September 19th, 2023 at 2:48 PM ^

The lawsuit will be super interesting since a portion of his salary is essentially paid by boosters and I would think those boosters would have to named in the suit.

 

Also remember back when he kept bonus money intended for his assistant coaches, that came AFTER it would have been known to him he was being investigated.  Pure scumbag this guy.

Rat could easily be one of his own assistant coaches.  

double blue

September 19th, 2023 at 4:36 PM ^

He can be fired for doing something that brought ridicule to the school. 
Is not all of the articles and discussion proof of that?  It doesn’t matter how it got out. It’s out.  He was potentially safe as long as a small group actually knew about it.  Now it’s known world wide.  
 Case closed.   

Mpfnfu Ford

September 19th, 2023 at 6:03 PM ^

I don't know who Mel paid to be his lawyer, but he should get a refund. His continual attempts to slander Tracy are outrageous and absurd. It's like nobody on his legal team has figured out that it doesn't matter if his call with Tracy was consensual or not as far as Michigan State is concerned. The fact it happened, which he admits, is a fireable offense. He can go up and down yelling about redpill crap about women and Tracy, it's not going to change that the university believes it was fireable for him to have a sexual relationship with a university vendor.

Combined with his absolutely deranged defense of himself at the first hearing re: the nonexistent ESPN investigation into Tracy's background and it makes one question if Mel has CTE or something. 

MeanJoe07

September 19th, 2023 at 6:39 PM ^

Anyone who brings up the frequency of calls and appearance of there being an intimate relationship seems to get negged into oblivion (I understand bc Tucker is a POS) , but there's no discussion of the actual narrative that connects the dots.  Is this what the consensus is?. . . Tracy speaks at MSU and it goes well. Tucker and her hit it off and start texting each other as platonic friends.  She texts him back and I presume probably excited for potential repeat business and support (i.e. $10k per engagement. Nice! Good for her!).  They become close friends and engage in a few dozen phone calls mostly later in the evening due to their busy schedules.  He sends her a few friendly gifts and donates to her charity and it's all basically very platonic friend stuff or supportive business stuff. Then eventually he becomes romantically interested and she doesn't reciprocate those feelings and things are still escalated by Tucker. She says no to meeting in person.  One night during a 36 minute phone call it starts out normally until she sends him a picture of them together. He tells her she's looks hot, comments about her ass, and then begins masturbating without her consent. She's asks him what he's doing.  He says he has a hard dick, etc. She freezes for several minutes as it brings her back to her horrific past trauma. Eventually she says “If you do this, I don’t ever want to hear about it, we are only friends, that’s it.”  When, he is done she said that he said "Thank you, goodnight sweetheart" and then she's left staring at her phone and crying.  They don't talk for a while. He cancels an engagement they had scheduled. He ignores her call/texts. They finally get on the phone and he threatens her and she fears he'll try to ruin her reputation. 8 months after the call she files the complaint. He tried to stop the investigation saying it's outside the jurisdiction of Title 9, lies about where he was when he called her, and even casts doubt on the validity of her rape story, etc among other weird comments. There's the article she authorized for release once someone leaked her name, then some pointless semantics about what leak means, and yadda yadda. MSU suspends him, etc. 

Now MSU is firing him for cause because he had an inappropriate relationship with an MSU vendor, sexually harassed her, and embarrassed the university. He used his position of power in an attempt to get sex and manipulate her.  Whether it was consensual or not doesn't really matter since he admitted to having phone sex with a university vendor (who happens to be a rape survivor) and violating community values and the terms of his contract. Ultimately, he was more interested in her than her actual cause. The will be a hearing later. He'll probably get some kind of settlement and MSU moves on from him.

Does that pretty much summarize what most agree actually happened and what will happen?

Hensons Mobile…

September 19th, 2023 at 7:24 PM ^

Why do I feel like I'm about to walk into a trap?

That was a pretty good summary. One thing is wrong:

"Now MSU is firing him for cause because he had an inappropriate relationship with an MSU vendor, sexually harassed her..."

No, he's not being fired for sexually harassing her. Their notice of intent to fire made no mention of whether or not his behavior was welcomed by her.

MeanJoe07

September 19th, 2023 at 8:32 PM ^

Your position is that MSU should fire a coach if they have phone sex with anyone the university has ever hired for a speaking engagement even if hypothetically all parties are thrilled and in love?  That seems a bit weird. I understand the boss vs. direct subordinate situation and the conflict of interest and power there, but it seems like the continued harassment after she said "no" is the issue.  If she was enjoying and partaking in it then I don't think this is ever a thing. 

Wendyk5

September 20th, 2023 at 8:04 AM ^

Years ago, at an ad agency where I was working, there were two people carrying on like there was no tomorrow. They were together all the time, and it was clear that they were more than just work friends. Both were married to other people, and their coworkers knew their spouses from various work events. It was awkward for everyone around them and they seemed to have no shame. They were at the same level so no power struggle. But the human resources person in our department had to step in and have a talk with them. They were long time employees and no one wanted them fired (who knows what kind of lawsuit that would bring) but the HR person told them they had to stop having an affair out in the open in the workplace or risk either being moved to another group or be terminated. There were plenty of dalliances in advertising but this one was beyond the pale. 

MeanJoe07

September 19th, 2023 at 8:03 PM ^

Haha. No trap. Just a lot of back and forth so wanted to summarize and make sure I understood what the majority of people think.

I think I disagree though. Their statement said "you made unwelcome advances toward her and masturbated on a phone call without her consent" and then goes on to describe her complaints and what he admitted to.  What are they firing him for if it's not that?

 

Hensons Mobile…

September 19th, 2023 at 8:27 PM ^

https://twitter.com/NicoleAuerbach/status/1703863184724046100/photo/1

[EDIT: Sorry, originally I said I didn't see where you were quoting from.  Found it. They are talking about her allegations against him which are being investigated. It was not part of their Grounds for Termination section. It was part of their Undisputed Facts section--undisputed that she made these allegations. Leading into their Grounds for Termination, they only referenced his admitted behavior as being a factor.]

Their "Grounds for Termination" start on the bottom of page 2.

  • He talked shit about the U publicly (contract violation)
  • "It is decidedly unethical and unprofessional to flirt, make sexual comments, and masturbate while on the phone with a University vendor." Contract violation, including moral turpitude, because he behaved badly.

They also kept throwing in that he was married at the time, lol.

No, they would not fire Tom Izzo if Izzo was found out to be boinking some lady on campus who once made a speech to the basketball team, because Tom Izzo has a lot of wins. Yes, I assume that will be one of Tucker's main arguments as he threatens litigation.

MeanJoe07

September 19th, 2023 at 8:45 PM ^

Second page /screenshot, top paragraph, last sentence. Obviously, this is all follows from her not consenting which makes it harassment and bad behavior. Hypothetically if they were in love or something this doesn't end in him getting fired or bad mouthing MSU. She probably doesn't report it in the first place. But maybe you're saying they're firing him specifically for the reasons that are ancillary to the harassment and not the harassment/act itself. But that seems like a distinction without much of a difference. 

Yeah . . . unfortunately I think you're prob right about Izzo. 

Hensons Mobile…

September 19th, 2023 at 9:02 PM ^

But maybe you're saying they're firing him specifically for reasons that are ancillary to the harassment and not the harassment itself.

I'm not saying that. They're saying that. I'm just repeating what they're saying. (A distinction without a difference. :) )

I think they wanted to fire him now rather than wait for the outcome of the hearing in case he was not found in violation of the policy (that is a possible outcome!). It's one thing to suspend him for a week and then decide you're firing him. It's another to suspend him and wait a month and then decide to fire him. Even if he lost the initial decision, he would appeal and it would drag on.

There was no chance they'd ever keep him at this point. He's an expensive, horseshit coach, who got hit with a bad story. If he had won the case and been retained, MSU would (rightly or wrongly) get so much shit about covering it up and aiding and abetting a sexual harasser. They were getting that even as they suspended him. They had to find a way to can his ass. And if you can find a way that's for cause, then you do that.

Also, I did eventually find the part you quoted and revised my post above. But basically that part was not in their grounds for termination, just their statement of facts that she alleged those things in her complaint.

Schembo

September 19th, 2023 at 7:27 PM ^

The more this guy talks, the less I see him having another coaching position.  Everyone deserves a second chance, but Tucker just comes across as an immature grown man that isn’t ready for another opportunity.  

OneEyedMooseSm…

September 20th, 2023 at 12:40 AM ^

All I think we have to work on in the public realm is that Mel Tucker had an inappropriate interaction (or plural) as an employee of MSU with one of their vendors.  Given the details as self-disclosed and acknowledged by him, that is grounds for termination.  As it should be.  The rest is pablum, and he is a real dumbass.