Brenda Tracy, a sexual assault prevention advocate, has filed a lawsuit against major Michigan State University donor Mat Ishbia for allegedly interfering with and influencing the university’s investigation into her claims that former football coach Mel Tucker sexually harassed her.
The lawsuit, filed in Oakland County Circuit Court, also names Ishbia’s company, United Wholesale Mortgage, as a defendant.
Tracy’s lawsuit claims that Ishbia’s and UWM’s general counsel, David Zacks, was included on communications regarding her Office of Institutional Equity complaint against Tucker without her knowledge. Zacks and Ishbia were then able to gain inside knowledge about the case and the complainant to protect their interests, the lawsuit alleged.
A UMW spokesperson said the case was “totally fabricated and unfounded.”
“This lawsuit is about money and nothing more,” the spokesperson said in an email to The Detroit News. “Ms. Tracy first sued Coach Tucker, but that case was thrown out of court. She then sued Michigan State, and the University has since filed a motion to dismiss that case as well.
“Following those failures, her lawyers have filed a new complaint now naming Mat and UWM in an attempt to capitalize on the same unfounded allegations. The claims in this latest filing rely solely on communications from David Zacks, who was a great part of our team prior to his passing last year. That said, David Zacks and Mel Tucker were longtime friends, and their communications were personal in nature and had nothing to do with Mat Ishbia or UWM.”
Tracy’s Lansing-based attorney Karen Truszkowski disputed the claim that the lawsuit was just about money. Instead, she said in a text, it was about a “serious breach” of Tracy’s right to confidentiality.
“Mr. Zack’s involvement was expressly concealed from Ms. Tracy,” Truszkowski said. “We want to know why.”
The lawsuit, filed March 23, was first reported by Crain’s Detroit Business.
MSU Vice President for Communications Emily Guerrant did not immediately respond to a request for comment.
Ishbia, along with Shift Digital CEO Stephen St. Andre, donated $24 million to MSU athletics in 2021 ― specifically requesting the money go toward the football program and the funding of Tucker’s salary.
“UWM and Mat Ishbia, through donor connected access and aligned counsel, inserted themselves into a matter that was none of their business — treating (Tracy) not as a person whose privacy mattered, but as a problem to be managed once her complaint threatened Ishbia’s interests and investments tied to Tucker, the football program, and the Michigan State University brand,” according to Tracy’s lawsuit.
Lawsuit alleges UWM’s involvement in Tucker case
Tracy’s lawsuit claims that confidential investigative information was being routed to Zacks and said there was no reason for him to be included in these communications, besides “keeping Ishbia in the loop.”
Zacks was not expressly identified as one of Tucker’s advisers. Rather, Jennifer Belveal, a lawyer for Tucker, was named as his adviser on the case.
The lawsuit claims that in December 2022, Belveal requested that communications related to the investigation include herself, another attorney at her firm, John Birmingham and that communications be sent to Zacks at his UWM company email.
A message was left with Belveal’s office but was not immediately returned.
The lawsuit also claims that the relationships between Tucker, Ishbia and members of the MSU Board of Trustees showed there was evidence of a donor-service relationship.
“The donor-aligned conduct described herein supports a reasonable inference that powerful non-MSU actors intervened to protect Tucker, constrain institutional action, and manage the narrative before, during, and after the confidential investigation process,” the lawsuit said.
What other lawsuits Tracy has filed involving Tucker
Tracy also filed a federal suit against the university, its board and trustees Rema Vassar and Dennis Denno separately. In the complaint, she argued the university mishandled her sexual harassment complaint against Tucker and that the trustees leaked her name to the media and public at large, which caused threats and harassment, as well as damage to her reputation and business as a sexual assault awareness activist.
Tracy’s lawsuit against Tucker, filed in Ingham County in October 2024, was dismissed. She claimed Tucker defamed her by saying their relationship and the phone call where he made sexual comments and masturbated without her consent were both consensual. She also said Tucker breached their contract to have her speak to his team about sexual assault when he canceled the session.
The Tracy lawsuit also alleged that Tucker invaded her privacy, intentionally inflicted emotional duress, and illegally possessed and distributed text messages between her and her best friend and business partner, who died in a car accident in June 2023.
satwood@detroitnews.com
This article originally appeared on Lansing State Journal: Brenda Tracy sues Mat Ishbia over Mel Tucker probe. What she alleges
Reporting by Sarah Atwood, The Detroit News / Lansing State Journal
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