Mel Tucker says he's not facing a Title IX complaint. Here's the university's process.

Mel Tucker could be out as Michigan State's football coach if a university investigation finds he violated university policy or his contract stipulations following allegations that he sexually harassed a rape survivor in 2022.

Brenda Tracy, a survivor of a gang rape and sexual assault prevention activist, filed a complaint with Michigan State's Title IX office in December 2022, claiming that Tucker masturbated on a phone call with her that April of that year, prompting the office to open an investigation. Tucker denies the allegation of sexual harassment, claiming it was consensual phone sex.

Hours after the report became public through a USA TODAY story, MSU suspended Tucker without pay until the conclusion of the investigation.

It is unclear whether Tucker's complaint is being handled through a Title IX investigation or a different type of university-led investigation. On Monday, Tucker in rebuttal to the allegations wrote, "while press reports have called this a 'Title IX' investigation, that’s inaccurate. The University admitted there is no Title IX jurisdiction, so the investigation of my private life was relegated to an alleged policy violation."

MSU spokesman Daniel Olsen declined to comment on Tucker's specific case. He did note, however, that the university's Relationship Violence and Sexual Misconduct, or RVSM, policy, is more expansive than the Title IX process and that it is possible for sexual misconduct investigations to occur under that policy rather than Title IX. The two processes appear similar.

What is Title IX? What is RVSM?

Title IX is a federal civil rights law meant to protect people from discrimination on the basis of sex in education programs or activities that receive any federal funding, according to the U.S. Department of Education. Title IX covers a wide variety of sex discrimination: Investigations have revolved around equal opportunity in athletics programs, harassment in the classroom, sexual violence in education and many other complaints.

Title IX also requires schools to have procedures in place to investigate sexual misconduct and discrimination.

Under federal law, school officials must investigate claims of sexual misconduct. All schools that receive federal funding − public and private K-12 schools, public universities, private colleges, etc. − must have a Title IX coordinator who oversees grievance procedures and ensures compliance with the Title IX law.

MSU's RVSM policy defines sexual harassment as a form of discrimination that includes verbal, written or physical behavior, directed at someone because of that person’s sex (actual or perceived), gender, gender identity, gender expression, actual or perceived sexual orientation, sexual identity, or based on gender stereotypes, when that behavior is unwelcome and meets one of the following criteria:

• Pressuring an individual to engage in sexual behavior for some educational or employment benefit.

• Making a real or implied threat that rejecting sexual behavior will carry a negative consequence for the individual.

• The unwelcome behavior is so severe, persistent or pervasive that it causes an unreasonable interference with the individual’s work or educational performance by creating an intimidating, hostile or demeaning environment for employment, education, university living, or participation in a university activity or program. This can be referred to as “hostile environment.” Examples include: unwelcome sexual advances, unwelcome commentary and verbal abuse.

How do RVSM investigations work?

Schools must adopt and publish their grievance processes for investigating Title IX complaints.

Policies for Michigan State University, University of Michigan, Wayne State University, Central Michigan University and others are all published online.

Tracy told USA TODAY she filed her formal complaint after receiving a perceived threat on the phone from Tucker with the school's Title IX office. The grievance claims that Tucker performed prohibited conduct under the University's Relationship Violence and Sexual Misconduct, or RVSM, policy.

RVSM violations and subsequent investigations are handled by Michigan State's Office of Institutional Equity, or OIE, the same office that handles Title IX investigations.

According to the report, Tucker and his attorney asked that the investigation not be pursued but the school continued forward because of Tracy's former status as a school vendor who had worked with the football team. The investigation opened in December, wrapped up in July and included more than 1,200 pages of information. It was handled by a third-party investigator per university protocol, according to an email sent to MSU students from MSU Interim President Teresa Woodruff on Monday. A formal hearing on the matter was scheduled for Oct. 5 and 6 and is still expected to go on as planned.

RVSM policy stipulates that investigations must be completed within 90 days of a formal complaint, though these time periods may be extended if deemed necessary.

"If you take into account holidays and based on what I read, some scheduling issues, it's not an unreasonable timeline to get this case completed in my opinion," said Lansing-based Title IX lawyer Elizabeth Abdnour, who worked in the MSU Title IX office as an investigator until 2018.

Tucker interviewed with the investigator in March and multiple inaccuracies were allegedly found in his testimony, according to the USA TODAY report. Tucker claimed he was in East Lansing for the alleged call, while the investigation found that Tucker was actually in Florida attending a golf outing at the university's expense. Tucker's expense report showed he paid for travel and hotel accommodations using the Spartan Fund, MSU's athletic fundraising arm.

Tucker also said that one of Tracy's visits was canceled because of a new coach's program, but records indicated otherwise.

Per Title IX and school policy, Title IX attorney Rebecca Veidlinger who conducted the investigation did not issue a finding of fault in her final report, but instead summarized the facts and referred the case for a hearing. The hearing will also be handled by a third-party resolution officer according to Woodruff, and will ultimately determine Tucker's fate.

Tucker could be fired with cause if he is found in violation of his contract stipulations and university policy, meaning he could lose out on nearly $80 million guaranteed in his contract. The criteria are as follows: materially breaching the contract, being convicted of a crime or if “the coach engages in any conduct which constitutes moral turpitude which, in the University’s reasonable judgment, would tend to bring public disrespect, contempt or ridicule on the University.”.

Does RVSM prevent MSU from taking action against an employee under investigation?

Michigan State has now suspended Tucker without pay until the conclusion of the investigation, which is well within the school's rights under both the Title IX law and the RVSM policy.

In Title IX, according to the U.S. Department of Education, "a school may remove a respondent from its education program or activity on an emergency basis" or may place them on administrative leave. The university's RVSM policy similarly allows for employees to be placed on leave.

Woodruff said MSU suspended Tucker after the report revealed new details.

"As there have been new developments before the hearing, including details of acknowledged behavior, Athletic Director Haller suspended Mel Tucker without pay. While this action was not taken lightly, it was necessary, appropriate and in support of the affected individuals and of the interests of our community," Woodruff wrote.

KC Johnson, a professor at Brooklyn College who researches due process on campus, wrote in an email in response to Detroit Free Press questions that MSU is "fully within its rights" to place Tucker on leave, but it would be legally murky to fire Tucker while an investigation is ongoing.

"If he were fired, MSU could no longer compel him to participate in the investigation," Johnson wrote. "And since he's maintaining innocence, if they fired him now, they might be risking legal liability − the Sixth Circuit has some very strong law on the rights of accused parties in Title IX cases."

What did university leaders know?

The main reason this report came to light was USA TODAY's investigation, published Sunday. Officials say the information that got Tucker suspended were new details in the USA TODAY report that were unavailable to the university because of protocols in place to protect both claimants and respondents in reports to the Title IX office.

When the report was filed, Michigan State administration and the athletic department were notified that a grievance was filed against Tucker in December. However, Woodruff said in her email to students that university policy dictates that a third party unaffiliated with MSU handles the investigation and hearing, meaning the administration wouldn't have had the full story.

"In these cases, the investigator does not make findings or determinations, but instead refers the matter to a third-party resolution officer to hold a hearing," Woodruff wrote.

Woodruff said the goal of MSU's approach was to protect the integrity of the investigation and maintain Tracy's and Tucker's privacy.

Contact the reporter: JRamsey@freepress.com.

This article originally appeared on Detroit Free Press: MSU investigation into Mel Tucker: Explaining Title IX, RVSM policy