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Report: Tracy files emergency restraining order against former MSU football coach Mel Tucker

October 7, 2023
<p>Head Coach Mel Tucker before the game against Maryland on Nov. 13, 2021, at the Spartan Stadium.</p>

Head Coach Mel Tucker before the game against Maryland on Nov. 13, 2021, at the Spartan Stadium.

Brenda Tracy, the woman who accused former MSU head football coach Mel Tucker of sexual harassment, filed an emergency restraining order against Tucker yesterday, according to a USA Today report

The order, granted by Judge James S. Jamo in the Ingham County Circuit Court, prevents Tucker from releasing more of Tracy’s private text messages

Yesterday was the last of the two-day long Office of Institutional Equity hearing into Tucker’s alleged sexual misconduct. Tracy filed a Title IX report against Tucker in December 2022, claiming he made sexual comments and non-consensually masturbated on a phone call with her while she was teaching his team about sexual violence prevention

But Tucker and his attorney, Jennifer Belveal, didn’t show up to the hearing, claiming Tucker’s “serious medical condition” prohibited him from attending. Instead, 14 minutes into the hearing, they publicly released a 106-page document containing “new evidence” and messages from Tracy’s private conversations with a recently-deceased friend and colleague, Ahlan Alvarado. Tucker and Belveal claim the texts reveal Tracy misled investigators and manipulated witnesses and MSU officials

Those texts also contain “highly sensitive information regarding other survivors and their families," according to an affidavit Tracy filed with her motion for the restraining order, obtained by USA Today. Alvarado worked with Tracy at her sexual violence prevention nonprofit, Set The Expectation (STE)

The Detroit News reported that the judge's order prohibits Tucker's legal team from "releasing, possessing, using, distributing, retaining any messages, calls, text, emails, and any other data and/or information from Ahlan Alvarado's cellphone ... relating in any way to ... Brenda Tracy, LLC, Set the Expectation LLC, its board, members, directors, officers, agents, associates, organizers, employees, clients, and/or sexual assault victims with whom they are associated."

“As the founder of STE, survivors look to me as a support and confidant,” Tracy’s affidavit said. “I am oftentimes the sole person that the survivor confides in. These survivors have not disclosed what has happened to their families and friends.” 

Tucker’s attorney did not say how the text exchange was obtained, and Jamo’s order said it appeared it was gathered illegally. Tracy’s affidavit points to Alvarado’s husband, Agustin Alvarado, as the source of the leak. He is listed as a defendant along with Tucker and his attorney

“It is distressing to me that the man who abused me has access to every intimate detail of my life, my business, and my nonprofit, through my best friend’s phone,” Tracy said in an alleged statement to USA Today. “I grieve deeply for my friend who does not deserve this horrific betrayal by someone close to her, and I am angered by the gross violation of my privacy and hers.”

Attorneys for Tucker and Tracy did not return calls and messages from The State News at the time of publication

What’s next?

The hearing concluded without mention of Tucker’s new allegations, Tracy said. Tucker and Belveal will have to ask to admit their findings as new evidence once Hearing Officer Amanda Norris Ames concludes whether Tucker’s behavior violated university policy. Norris Ames has 20 days to issue a report with her determination.

Another hearing will take place on Oct. 17 to determine whether the restraining order should end or be modified or extended.

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