Michigan State University Head Football Coach Mel Tucker formally responded to the university’s intent to fire him amid sexual harassment allegations Monday, arguing that the university has no right to sever his $95 million contract.
Last week, MSU Athletic Director Alan Haller wrote a letter announcing that he intended to fire Tucker. He argued that while the investigation into the harassment allegations is ongoing, what Tucker has already admitted to investigators – that he made sexual remarks and masturbated on a phone call with rape survivor and activist Brenda Tracy who was consulting for his team — is enough to terminate him under the “moral turpitude” clause of Tucker’s contract.
Haller’s letter gave Tucker seven days to respond with reasons why he should not be fired, or else the termination will take effect Sept. 26.
In the response – written on behalf of Tucker by his attorneys Jennifer Belveal and John Birmingham – he argues that the “moral turpitude” clause is “flimsy” and hard to define.
For Haller’s other justification – that the media attention generated by the allegations embarrassed the university – Tucker argues that the only reason the university was “embarrassed” is because it investigated his “personal relationship.”
He says the university had no jurisdiction to investigate his conduct and that the process was “terribly flawed, unfair, biased and devoid of due process.”
“If the University investigated your private life or that of any other employee, it would certainly find something ‘embarrassing’ to presumably justify your or their termination,” Tucker wrote in the letter to Haller.
He also faults the university for allowing the investigation to come to light, as it was supposed to be confidential.
The investigation was first publicized by a USA Today report earlier this month in which Tracy shared investigatory documents. She has since said that she only came forward because her name had already been leaked to the media.
MSU has since retained a firm to conduct an independent investigation into the leak.
In the letter, Tucker also criticizes MSU for ignoring a request for medical leave he sent days before Haller announced his intent to fire him. He argues that the “suspect timing of the Notice further underscores its illegitimacy and is contrary to law.”
