Michigan State has no cause to fire Mel Tucker over phone sex, attorney says

Fox News Flash top sports headlines are here. Check out what's clicking on Foxnews.com.

An attorney for Michigan State football coach Mel Tucker said Monday the school has no cause to fire him because he did not "engage in unprofessional or unethical behavior" when he had phone sex with an activist and rape survivor.

Brenda Tracy made the allegations that Tucker sexually harassed her during a phone call in April 2022. She would file a Title IX complaint months later. Tucker acknowledged having phone sex with her but said it was consensual. Michigan State announced it intended to fire Tucker.

Tucker’s attorney, Jennifer Belveal, denied Tucker’s actions were acts of moral turpitude. She said the school previously knew Tucker acknowledged he had phone sex with Tracy during the investigation in March.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

Michigan State coach Mel Tucker walks the sideline during the Richmond game, Saturday, Sept. 9, 2023, in East Lansing, Michigan. (AP Photo/Al Goldis, File)

"The notice, which is entirely premised on information you knew at least seven months ago, if not earlier, now affirms Tucker’s belief that the investigation was never interested in the truth," the statement read.

Belveal cited Tucker’s "serious medical condition" in stating that he reserved his right to fully respond to the university’s planned firing when he’s medically cleared. The attorney said Tucker asked for a medical leave for a "serious health condition" while he was suspended and the school denied the request, calling it "unnecessary."

"The fast track to termination following Tucker’s assertion of rights under the FMLA is retaliatory," she wrote.

Michigan State said Monday it would review Tucker’s response.

He