NOTICE OF INTENTION TO FILE CLAIM

COURT OF CLAIMS FOR THE STATE OF MICHIGAN

SET THE EXPECTATION,

An Oregon non-profit organization

Claimant,

-v-

MICHIGAN STATE UNIVERSITY,

a land-grant public university,

MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES,

in their professional and personal capacities,

MELVIN TUCKER,

in his professional and personal capacity,

JOHN and JANE DOES 1-12, yet to be identified,

in their professional and personal capacities,

Respondents,

TO: THE CLERK OF THE COURT OF CLAIMS

PLEASE TAKE NOTICE that the undersigned, Brenda Tracy, as agent of claimant Set the
Expectation (STE) intends to file a claim against the above-named respondents, and in compliance
with the requirements of MCL 600.6431, states:

The address of record for the above-named respondents are:

Melvin Tucker

Foley and Lardner LLP

500 Woodward Avenue Suite 2700
Detroit MI 48826

All other defendants

Michigan State University

Office of the General Counsel
426 Auditorium Road Room 494
East Lansing MI 48824

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 The catalyst of claimant’s claims is based upon initial incidents of harassment that occurred
to BT in April 2022 and August 2022. Further incidents occurred throughout 2022 and 2023 and are
ongoing as of the present date. These actions adversely impacted Claimant Set the Expectation
(STE.) STE was not and could not be aware of potential claims at the time of the initial incidents in
2022.

The claims are based upon the following facts:

1) Set the Expectation is an Oregon non-profit organization providing services to assault

survivors and their families nationwide. Brenda Tracy (BT) serves as an agent and

representative of STE.

2) Melvin Tucker (MT) invited BT to speak to the Michigan State University (MSU) football

team and appear at MSU football events. BT did so as an independent contractor to MSU.

In April 2022 and August 2022, in his official capacity as the head football coach of MSU, MT

sexually harassed and threatened BT. 1 MT acknowledged that he masturbated on an April

2022 phone call with BT. BT did not consent to this activity.

3) In December 2022, BT reported MT’s harassment to MSU’s Office of Institutional Equity

(OIE). BT reported MT’s actions to prevent MT from endangering other individuals, and to

put MSU on notice of MT’s harassing behavior.

4) MSU retained an outside investigator to investigate BT’s claims. The final investigative

report (FIR) was issued on July 25th, 2023. BT expected that her identity would remain

confidential throughout the investigation. MSU assured BT of confidentiality.

5) On or about July 25, 2023, MSU OIE notified BT that the MSU Freedom of Information Act

(FOIA) Office had received media inquiries regarding MT’s employment status with MSU.

6) Due to the confidential nature of the investigation, a limited number of MSU personnel had

knowledge of BT’s identity. Those MSU personnel included current and former members of

the MSU Board of Trustees (BOT), as well as MSU administration.

1
Upon information and belief, MSU did not investigate or inquire as to MT’s background and employment history
before hiring him as the head football coach.

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 7) In September 2023, BT’s identity became public. BT’s identity was disclosed to local media by

a yet-to-be identified MSU affiliated party without BT’s knowledge or consent.

8) Only after the harassment allegations became public did MSU suspend MT (on September

10, 2023) and terminated him for cause on or about September 25, 2023.

9) On or about September 10, 2023, a confidential email from BT’s counsel was sent to MSU

general counsel.2 That confidential email was released to a student journalist for The State

News. MSU’s own investigation through Jones Day confirmed that the email was “leaked”

by someone associated with MSU. Jones Day found that the identity of the “leaking party”

was narrowed down to 12 MSU affiliated individuals.

10) After multiple delays, a hearing was held via Zoom on October 5, 2023. 3 Neither MT nor his

counsel were present for the hearing. 4 BT and her counsel attended the hearing.

11) Through his legal counsel, during the October 5, 2023, hearing, MT released private and

confidential text messages between BT and her best friend and business assistant

(hereinafter referred to as Sally Doe)5 to national media.6

12) Sally Doe died in a tragic car accident in June 2023. The released text messages were

obtained by MT and his legal counsel from Sally Doe’s phone after her death. BT

immediately obtained an ex-parte temporary restraining order (TRO) to prevent further

disclosure of her and Sally Doe’s personal and private information.

13) The Hearing Administrator found MT violated MSU’s Relationship Violence and Sexual

Misconduct (RVSM) policy. MT appealed the Hearing Administrator’s finding. The Hearing

Administrator’s finding was upheld on appeal.

14) As a result of the disclosure of BT’s identity, and the release of the confidential text messages

from Sally Doe’s phone, BT has been subjected to threats to her health and safety. Those

2
BT’s counsel sent the confidential email to general counsel as a courtesy.
3
Governed by an independent Hearing Administrator not affiliated with MSU.
4
MT was not required to attend the hearing under MSU policy.
5
BT’s friend is referred to as Sally Doe to protect Sally Doe’s privacy.
6
The hearing started at 9:00 am EST. The text messages were released at approximately 9:15 am EST.

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 threats are ongoing and continue to the present. As a result, this has directly and adversely

affected STE’s ability to provide services to the survivor community. STE’s donor

relationships have been damaged to the extent that donations to STE have plummeted.

15) Despite BT’s admonition to MSU that her identity was to remain confidential throughout the

investigation, and MSU’s representation and assurance that BT’s identity would remain

confidential, BT’s identity was disclosed by someone other than BT.

16) Because of the disclosure of BT’s identity and the private messages between BT and Sally

Doe, BT and thus STE suffered irreparable harm.

17) But for MSU’s failure to properly investigate MT before his hiring, BT would not have been

exposed to MT’s egregious harassment and threats and STE would not have been adversely

impacted.

18) But for MSU’s failure to properly train, monitor, supervise, and discipline MT, BT would not

have been exposed to MT’s egregious harassment and threats and STE would not have been

adversely impacted.

19) But for MSU’s failure to assure that BT’s identity remained confidential, BT would not be

subjected to the relentless bullying and threats from the public, social media, and other

outside sources, and STE would not have been adversely impacted.

20) BT has been falsely accused of releasing her own name, subjecting her to further harassment

and threats which have been attributed to STE.

21) BT has been falsely accused of filing the complaint against MT only after MSU refused to

give BT a monetary settlement. This accusation is entirely false and was issued only to

intimidate and further harass BT. STE has been adversely impacted due to the false

allegations.

22) BT’s character and reputation has been publicly attacked and disparaged by MSU personnel,

including but not limited to current and former members of the MSU BOT. STE has been

adversely impacted due to the false allegations.

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 23) BT will forever be under the cloud of threats to her well-being and mental health which

directly impacts STE and its ability to provide services to survivors.

Claimant has potential actions for the following claims:7

a. Breach of Contract;
b. Title IX violations;
c. Breach of Fiduciary Duty;
d. Intentional Infliction of Emotional Distress;
e. Negligent Infliction of Emotional Distress;
f. Negligence;
g. Gross Negligence;
h. Failure to adequately supervise (Monell violation);
i. Invasion of Privacy;
j. Intrusion Upon Seclusion;
k. Public Disclosure of Private Facts;
l. False Light Publicity;
m. Breach of Duty of Confidentiality;
n. Breach of Duty to protect independent contractors;
o. Breach of Duty to protect claimant from retaliation;
p. Detrimental reliance on MSU’s representations of the RVSM policies and procedures;
q. Civil Conspiracy;
r. State and Federal constitutional violations;
s. Elliot-Larsen Civil Rights Act violations (ELCRA);
t. 1983 Claims against the defendants in their personal capacities;
u. Other claims yet to be determined.

The Claimant alleges and seeks recovery for the following damages:

Compensatory and statutory damages, punitive damages, injunctive relief, statutory

interest, attorney fees, and costs exceeding $ 25,000,000 (twenty-five million dollars) for loss of

standing in the community, damage to reputation, damage to future relationships, reputational

repair, loss of donor support, and damage to future donations.

7
This is not an exhaustive list of potential claims as additional claims may become known later.

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The Claimant's Attorney of record in this matter is:

Karen Truszkowski P56929

Attorney at Law
TEMPERANCE LEGAL GROUP PLLC
503 MALL COURT# 131
LANSING MI 48912
TEL. 1.844.534.2560
Email Karen@temperancelegalgroup.com / www.temperancelegalgroup.com

I declare that the above statements are true to the best ofmy information, knowledge,
and belief.
DATED: March 6, 2024 �
Brenda Tracy 0
STATE OF OREGON)
MARION COUNTY )

-
Sworn to and signed in my presence by Brenda Tracy, on March 6, 2024

NOTARY PUBLIC STATE OF OREGON

COMMISSIONED IN MA.r,
ot, COUNTY
MY COMMISSION EXPIRES ON�• (1 1-.02-�
1

OFFICIAL STAMP
CANDACE OSURMAN
EGON
NOTARY PUBLIC· OR
8803
COMMISSION NO. 102
COMMISSION EXPIRES SEPTEMBER 11, 2026
MY

DATED: March 6, 2024 Respectfully submitted,

Isl Karen Truszkowski

Karen Truszkowski P56929

TEMPERANCE LEGAL GROUP PLLC
503 MALL COURT# 131
LANSING Ml 48912
TEL. 844.534.2560
Karen@temperancelegalgroup.com

6IPage
 DATED: March 6, 2024 /s/ Eric Delaporte
_____________________________________
Eric Delaporte P69673
DELAPORTE LYNCH PLLC
210 STATE STREET
MASON, MI 48854
TEL. 1.517.999.2626
Eric@DelaporteLynch.com

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