Read AD Alan Haller's letter to MSU football coach Mel Tucker

LANSING — The following is the text of the letter from Michigan State University Athletic Director Alan Haller to football coach Mel Tucker, as released by the university Monday afternoon, a week after the school suspended Tucker following an investigation into a sexual harassment complaint from a prominent rape survivor that was reported by USA TODAY. MSU announced its intention to fire Tucker on Monday.

September 18, 2023

Mel Tucker

C/O Neil M. Comrich NC Sports, LLC

2000 Auburn Drive, Suite 315

Beachwood, OH 44122

Re: Termination of Employment Agreement

Dear Mr. Tucker,

I write to provide you with written notice of the University's intent to terminate the Amended Employment Agreement, dated November 24, 2021 (the "Agreement"). More specifically, I write to provide written notice of its intent to terminate the Agreement for cause pursuant to Section 111.B.1 of the Agreement (the "Early Termination Provision").

Pursuant to the Early Termination Provision of the Agreement, the University may terminate for cause the Agreement with you, the Coach, "without liability to the Coach or any other penalty" when Cause exists for such Early Termination. Under the Early Termination Provision in Section 111.B.1 of the Agreement, "[c]ause for termination" includes, in relevant part, the following:

(a) the Coach materially breaches this agreement;

(c) the Coach engages in any conduct which constitutes moral turpitude or which, in the University's reasonable judgment, would tend to bring public disrespect, contempt, or ridicule upon the University (e.g., material insubordination or impropriety involving a student).

By this letter, I write to inform you that the University is terminating the Agreement for cause under Sections 111.B.1 (a) and (c) of the Early Termination Provision of the Agreement.

Undisputed Facts Warranting Termination for Cause

The University has become aware of various facts that have led to the unfortunate decision to terminate your employment for cause. At this point, the University has amassed a body of undisputed evidence of misconduct that warrants termination for cause. Notably, the following facts are undisputed and justify termination for cause. In July 2021, the University contracted with an outside vendor (the "Vendor") for the sole purpose of providing a sexual misconduct prevention educational program to the University Football Team in order to prevent and reduce instances of sexual misconduct. The University supported the Vendor's message and her foundation, Set the Expectation (STE), and the University Football Team signed the STE pledge. In April of 2022, the University's Athletics Department brought the Vendor to a Football game at the University where she was made an Honorary Captain of the University Football Team and promoted the University's relationship to STE. In late November of 2022, the Vendor alleged that you violated the University's Relationship Violence and Sexual Misconduct and Title IX Policy. The Vendor, an activist against sexual violence and a gang rape survivor, specifically alleged that you made unwelcome sexual advances towards her and masturbated on a phone call with her without her consent.

In light of the Vendor's complaints, the University is conducting a thorough investigation into her allegations under the formal grievance process for prohibited conduct pursuant to the University's Relationship Violence and Sexual Misconduct and Title IX Policy. You have made public comments on the formal grievance process and University's policy. During the course of the investigation, you admitted to having ongoing discussions with the Vendor about the Vendor providing further sexual misconduct prevention training to the University Football Team. During the period where you both discussed further STE presentations, and while married, you admitted to the following behaviors:

• Commenting to the Vendor about her looks, body, and body parts, specifically her "ass"

• Making flirtatious comments to the Vendor in conversations that you state "happened often"

• Masturbating and making sexually explicit comments about yourself and the Vendor while on the phone with the Vendor, which you describe as "phone sex" and "a late-night intimate conversation"

While the formal grievance process proceeds, the above-described undisputed facts provide multiple grounds for termination under the Agreement's Early Termination Provision. Your admitted behavior (1) constitutes a material breach of your duties under the Agreement, (2) demonstrates "conduct which constitutes moral turpitude," and (3) has brought "public disrespect, contempt, or ridicule upon the University." (Section III.B.l (a) and (c).) Each of these grounds provide an independent basis under which the University may terminate the Agreement, which the University elects to now terminate.

Grounds for Termination:

Your Admitted Actions Materially Breach the Agreement:

Your actions and admitted conduct constitute a material breach of the Agreement, meaning the University may terminate the Agreement. (Section III.B.1 (a).) In the Agreement, you agreed to "perform the following duties" including, among others, to "keep positive and constructive in tone any public comments about University policies or actions taken by University administrators and conducting [your]self professionally and ethically, with integrity and sportsmanship at all times." (Section I.C.15.) Your actions are in direct violation of this duty and constitute a material breach of the Agreement.

Your admitted behavior materially breached your obligation to "conduct[] [your]self professionally and ethically... at all times." (Section I.C.15.) It is decidedly unprofessional and unethical to flirt, make sexual comments, and masturbate while on the phone with a University vendor. The unprofessional and unethical behavior is particularly egregious given that the Vendor at issue was contracted by the University for the sole purpose of educating student-athletes on, and preventing instances of, inappropriate sexual misconduct. Your admitted conduct--engaging in sexual extramarital behavior with a University vendor­ rises to the level of a material breach of your contractual duty to the University to conduct yourself in a professional and ethical manner "at all times." Id.

Under Section (a) of the Early Termination Provision, the University may terminate the Agreement where you "materially breache[d] the agreement." As outlined above, you materially breached the Agreement in your admitted actions, which violated your duty to "conduct[] [your]self professionally and ethically... at all times." (Section I.C.15 and Section 111.B.1.) Given this material breach of Agreement Section I.C.15, the University may terminate the Agreement for your material breach under the Early Termination Provision.

Your Admitted Actions Constitute Moral Turpitude:

Your admitted conduct also constitutes "moral turpitude," independently allowing the University to terminate the Agreement. (Section 111.B.1 (c).) The Vendor had a contractual relationship with the University when she was paid in 2021 for her speaking engagement educating the University Football Team on sexual misconduct and sexual violence, and had a continued relationship with the University Football Team demonstrated by her "Honorary Captain" title bestowed in the Spring of 2022. Your comments about the Vendor's "ass," admitted flirtation, and act of masturbating on the phone with the Vendor, while married, amount to moral turpitude. It is highly inappropriate and improper to engage in extramarital sexual conduct with a Vendor, let alone an Honorary Captain of the Football Team, whose mission is to educate coaches and student-athletes, and specifically the University's Football student-athletes under your direction, on sexual misconduct.

Under Section (c) of the Early Termination Provision, the University may terminate the Agreement where your conduct constitutes "moral turpitude." As outlined above, your admitted conduct constituted conduct of "moral turpitude." Id. Given this behavior, which you admitted and do not dispute, the University may terminate the Agreement under the Early Termination Provision.

Your Admitted Actions Have Brought Public Disrespect, Contempt, and Ridicule Upon The University:

The Agreement provides that the University may terminate the Agreement where your conduct "in the University's reasonable judgment," would bring "public disrespect, contempt, or ridicule upon the University." (Section III.B.1 (c).) The University's judgment on this issue is not and cannot be in dispute because your conduct has-in fact-already brought public disrespect, contempt, and ridicule upon the University. Id. USA Today published the initial article reciting your admitted inappropriate behavior. Kenny Jacoby, Michigan State football coach Mel Tucker accused of sexually harassing rape survivor, Sept. 10, 2023, https://www.usatoday.com/story/news/investigations/2023/09/10/michigan-state­ football-coach-sexual-harassment-claim/70679703007/. Headlines from various and prominent other news outlets also have brought public disrespect, contempt, and ridicule onto the University and prominently and negatively placed the University's culture and reputation into the forefront of the news cycle. See, e.g., Shehan Jeyarajah, Michigan State coach Mel Tucker suspended amid investigation into sexual harassment of rape survivor, activist, CBS Sports, Sept. 10, 2023, https://www.cbssports.com/college-football/news/michigan-state-coach-mel­ tucker-suspended-amid-investigation-into-sexual-harassment-of-rape-survivor­ activist/; James Neveau, 'He'll never coach again:' Insider discusses Mel Tucker's future        at         Michigan      State, NBC    Sports                     Chicago, Sept.      13,  2023, https://www.nbcsportschicago.com/ncaa/big-ten/hell-never-coach-again-insider­ discusses-mel-tuckers-future-at-michigan-state/506728/; The Associated Press, Michigan State suspends coach Mel Tucker after sexual harassment allegations, National                                      Public                Radio,    Sept.                 10,                     2023, https://www.npr.org/2023/09/10/1198717379/michigan-state-football-coach-mel­ tucker-sexual-harassment-allegations. University fans and alumni have also expressed their negative views of the University, further evidencing that your behavior has resulted in the University being subject to public disrespect, contempt, and ridicule. 1

Under Section (c) of the Early Termination Provision, the University may terminate the Agreement where your conduct, in the reasonable judgment of the University, has brought "public disrespect contempt, or ridicule upon the University." As outlined above, your admitted actions have decidedly brought public disrespect, contempt, and ridicule on the University. Given your admitted actions, the University may terminate the Agreement under the Early Termination Provision as you have brought "public disrespect, contempt, or ridicule upon the University." Id.

Notice of Termination:

The University remains committed to the full and fair processes and operations of complaints regarding violations of University policies and will continue with the formal grievance process, including the scheduled hearing on October 5 and 6, 2023. Separate and distinct from the final determination and findings following the hearing, your previously admitted actions provide ample ground for the University to terminate the Agreement. Your actions materially breached the Agreement, have amounted to "conduct which constitutes moral turpitude," and additionally brought "public disrespect, contempt, or ridicule upon the University." (Section III.B.l (a) and (c).) As such, the University herein elects to terminate the Agreement.

This letter qualifies as "written notice, specifying the grounds for termination" under the Early Termination Provision, which written notice is being provided to you, Mr. Comrich, and your legal counsel. Per the Agreement, the University will provide you with seven (7) days "to present reasons to the Athletic Director and the University's President as to why [you] should not be terminated on the grounds [herein] stated." (Section III.B.l.) Unless you can present sufficient reasons to dispute the above-identified grounds for termination for Cause, the University will terminate your employment for cause effective on September 26, 2023.

Sincerely,

Alan Haller

Vice President and Director of Athletics Michigan State University

Cc:       Teresa K. Woodruff, Interim President, Brian T. Quinn, General Counsel

¹ Angie Povilaitis stated "[a]fter years of sexual assault scandals, after tireless work by so many trying to bring MSU forward to do better, this happens & is where we are." @AngiePovilaitis, X, (Sept. 10, 2023, 9:52 AM). University fans also stated publicly: "I'm embarrassed to be an MSU fan right now," "[t]his school continues to be a disappointment," and "I'm tired of continually supporting this shit show." See Lansing State Journal, Michigan State alums,fans react to allegations against football coach Mel Tucker, Sept. 10, 2023, https://www.lansingstatejoumal.com/story/news/local/campus/2023/09/1Olmel-tucker-michigan-state-sexual­ harassment-allegations-fans-react/70816301007/.

This article originally appeared on Lansing State Journal: Read Michigan State AD Alan Haller's letter to MSU football coach Mel Tucker