A report of the investigation, conducted by law firm Jones Day, was released by MSU Friday morning.

The firm found that “there is evidence that some members of the media became aware of this matter through (Tracy).” While it could not conclude that an “unauthorized disclosure of confidential information” came from anyone within MSU, the firm said it would be open to another investigation if the university requests one.

“In time, additional leads or facts may become available that could shed additional light on these matters,” the report reads. “Thus, while we are closing our investigation at this time, we remain available to revisit these issues or follow any credible leads should the University request additional investigation.”

Investigators also did not find evidence that any of the trustees knew Tracy was the complainant prior to the Sept. 10 USA Today article that broke the news. As a result, the report argues the trustees “did not even have the ability” to leak Tracy’s identity.

The eight trustees learned from General Counsel Brian Quinn that an OIE investigation was underway on Dec. 22, 2022, when Tracy filed the initial complaint. 

“According to Quinn, both Tucker and Tracy were concerned with maintaining the confidentiality of the matter,” the Jones Day report said. “Quinn thus provided minimal details to the Board, declining to provide the complainant’s identity or the factual details of her allegations at the outset and throughout the OIE Investigation." 

The report comes over three months after the investigation was first ordered by the MSU administration on Sept. 12 after Tracy released a statement one day prior that said an outside party had leaked her identity. This leak, Tracy said, forced her to come forward prior to the completion of the Office of Institutional Equity investigation into Tucker’s alleged harassment. 

However, a State News report later revealed that Tracy’s lawyer, Karen Truszkowski, had initially sent a different statement to the Board of Trustees. The draft statement said “someone associated with the MSU Board of Trustees” disclosed Tracy’s identity to an outside party who then shared it with local media. 

The Jones Day report focused on one trustee in particular, “Trustee X,” who Truszkowski told Quinn “may have been involved in a chain of communications that led to the disclosure of Tracy’s name to the media.” Truszkowski based this claim on her conversations with an unidentified local journalist, the report said. 

The investigation did not find that Trustee X “was involved in or instigated a chain of communication” leaking Tracy’s identity to local media. Jones Day “uncovered evidence tending to refute that allegation.”

The investigation involved 59 interviews of 52 witnesses, including seven of the eight trustees. Board chair Rema Vassar, who had $190,493 in legal fees related to this investigation paid by MSU, fully complied with the investigation. In October, Vassar was accused of not complying.

Gov. Gretchen Whitmer addressed the allegations at an October press conference, saying it is "alarming" that any trustee would not fully comply with an investigation and that she would be watching the board closely. She then sent a letter to the board, encouraging all trustees to participate in the investigation.

No one on MSU’s administration refused interview requests. Jones Day interviewed 36 MSU employees and attempted to interview 20 members of the media, most of whom refused to participate. 

All MSU employees who were interviewed denied leaking confidential information regarding the OIE investigation, “with the exception of a small number who admitted to telling their spouses that there was an investigation of Tucker.” 

Investigators found that at least 44 people associated with MSU had “some level of awareness” of the OIE investigation prior to Sept. 10. At least 35 of those individuals were in administration, 29 of whom knew Tracy’s identity. 

“In large measure, these MSU employees became aware of the investigation because their job duties required them to take some action related to the OIE Investigation,” the report said. 

Jones Day also investigated who at MSU may have leaked Truszkowski’s draft statement to The State News, concluding that “investigators are confident that someone within MSU leaked” the statement to the publication. 

The report said that although Quinn’s email containing the draft statement told the 12 recipients to please not re-circulate, it is “more likely than not” that one of the recipients within MSU provided the draft statement to The State News. 

The investigation followed any forensic trail of Quinn’s email and examining possible motives of those who may have been the leak, but ultimately was unable to determine the source of the leak. 

The Jones Day report said there are no “additional investigative measures that are likely to provide meaningful evidence concerning the matters we were asked to investigate.” 

“Our investigation was constrained due to a number of factors, including journalists’ reluctance to reveal their sources, various individuals who refused to fully participate in our investigation, and a general lack of relevant documentary evidence,” the report said.