An independent review of Michigan State University’s investigation into former football coach Mel Tucker was unable to determine how details surrounding the civil rights inquiry were allegedly leaked to the media.
That's according to a report from the law firm, Jones Day, released today.
In September, MSU reached out to Jones Day following concerns that details of Tucker’s Title IX review were possibly leaked to the media.
The findings state that at least 44 individuals were aware of the investigation prior to a USA Today report naming assault prevention activist Brenda Tracy as the claimant in the university’s Office of Institutional Equity (OIE) investigation.
MSU found Tucker violated the university’s sexual harassment policy in an October ruling, citing an April 2022 phone call and the former coach’s decision to end his working relationship with Tracy following her rejection of his advances.
The independent review failed to determine the source of the potential leak, citing a lack of documentary evidence and the unwillingness of various individuals to fully participate in the investigation.
“In sum, investigators, utilizing a preponderance of the evidence standard, have been unable to identify any Trustee, administrator, or employee of MSU who made an unauthorized disclosure of confidential information that led to the media’s awareness of the OIE Investigation or the complainant’s identity,” the report stated.
Investigators said journalists who were among the first to report on the complaint against Tucker were “reluctant” to participate in the investigation. Reporters declined to reveal their sources but did share that they were individuals outside of MSU.
Attorneys representing Tucker and Tracy have not responded to WKAR’s requests for comment on the report.
A draft of a statement from Tracy’s attorney previously alleged that an individual “associated with the school’s Board of Trustees” may have leaked Tracy’s name to the media. Some alleged that Board Chair Rema Vassar was the source of the leak.
Jones Day investigators interviewed administrators and seven Trustee members who all denied knowing or revealing Tracy’s identity.
Trustee Dennis Denno was the lone member of the board who declined to be interviewed or have his cell phone data be reviewed by investigators, who believe Denno’s phone may have information relevant to the investigation. Denno did not respond to a request for comment in time for publication.
“The Board of Trustees takes OIE investigations seriously and this report demonstrates the Board’s commitment to privacy that is essential to that process,” Vassar said in a statement. “We will continue listening to the Spartan community and holding ourselves accountable to the transparency that is necessary for a safer, more welcoming Michigan State University.”
Interim President Teresa Woodruff said in a statement that the school is committed to maintaining privacy in investigations of sexual misconduct.
“It is disappointing to learn that a potential breach occurred and while no source was identified, we understand the importance of trust and are committed to working with integrity in each case.”
The Jones Day report said that for the time being, the investigation will remain closed.
“In time, additional leads or facts may become available that could shed additional light on these matters. 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.”
MSU suspended Tucker shortly after the investigation became public in September and fired him in October over breach of contract. The school has since hired Jonathan Smith from Oregon State to coach the school’s football team.
Megan Schellong contributed to this report.
