Donnie Nelson, the previous common supervisor of the Dallas Mavericks, sued the staff Thursday, alleging that proprietor Mark Cuban fired him final summer season in retaliation for reporting that the Cuban chief of employees sexually harassed and sexually assaulted his nephew throughout a job interview in 2020.
The lawsuit additionally alleges that Cuban supplied Nelson, who was fired in June, $52 million to withdraw a wrongful termination lawsuit and signal a confidentiality assertion referring to the alleged harassment and abuse of his nephew.
Nelson says, within the go well with filed in Dallas County Court docket, that Jason Luten, described within the go well with as Kobe’s “proper handman” who nonetheless works with the staff, assaulted and harassed his nephew in a resort room throughout 2020. Star Weekend in Chicago. The lawsuit says that my nephew, a person in his 20s whose id was not revealed within the lawsuit, was invited by Luten to his resort room.
Cuban denied Nelson’s allegations in an electronic mail to ESPN.
“Every little thing on this file is a lie,” Cuban wrote. “We had a number of full investigations and the one one that didn’t adhere to the requirements of the Dallas Mavericks was Mr. Nelson. He was fired in consequence. He was effectively acquainted with the investigation. He refused to take part totally. I’ll say it once more, all the pieces he stated is a lie.”
Luten additionally denied the allegations in an electronic mail to ESPN and stated, “What is that this man? [Nelson] Doing somebody like me is totally indescribable.”
“It is a full lie and I am going again to Mavs for the remark and who truly handled this matter,” Luten stated. “And it clearly has a whole lot of data to indicate that none of that occurred in any respect.”
It wasn’t till 5 months later, after he and Kobe started discussions to increase his appointment, that Nelson discovered in regards to the alleged incident on February 16, 2020, referring to Luten, or a subsequent settlement of an undisclosed quantity that his nephew had quietly reached with the staff. The contract is for 10 years, the lawsuit says.
At that time, Nelson confronted Cuban and stated Luten’s alleged actions “put the Mavericks workers, gamers and your complete group in danger,” in accordance with the lawsuit.
On September 18, 2020, the lawsuit alleges, Cobain despatched Nelson a textual content delaying one other dialogue in regards to the contract extension, saying, “However frankly, earlier than I communicate, I’ve to search out out extra about what is going on on with the opposite matter. Since then it is associated to among the discussions we have had.” .
The lawsuit alleges that Cuban’s textual content is a response to Nelson’s warning that different Mavericks workers are liable to sexual harassment by Luten, whom the lawsuit describes as a “sexual predator.”
“On this lawsuit, Cuban will likely be held accountable for his phrase of mouth and false public determine, repeatedly ignoring sexual harassment and discrimination by senior executives towards Mavericks workers,” the criticism reads.
On June 13, Cuban notified Nelson that he could be expelling him. Media stories on the time stated Nelson was fired amid “inside friction” with Haralabus Vulgaris, a former skilled gambler appointed in 2018 to be Mavericks’ director of quantitative analysis and growth.
The lawsuit alleges a direct hyperlink between “Nelson’s criticism and Lutein’s improper actions report” and Cobain’s withdrawal of a 10-year, $66 million contract supply to Nelson in September 2020.
Nelson labored for the Mavericks for twenty-four seasons, serving as assistant common supervisor and assistant coach earlier than being promoted to go of basketball operations. He remained Cuba’s chief basketball government for years after the bitter departure of his father Don, who served as Mavericks coach and common supervisor from 1997 to 2005.
In December, Nelson filed a criticism with the Equal Employment Alternative Fee.
“There have been no errors, warnings…or issues with performance with Nelson between the time he reported Luten’s sexual harassment and predatory tendencies and the time interval when Mark Cuban canceled the Ten Years Present and started a marketing campaign of revenge,” Nelson’s criticism says.
In his lawsuit, Nelson alleges that Cuban supplied him $52 million if he entered right into a confidentiality settlement relating to the alleged sexual assault of his nephew. Within the unexecuted settlement hooked up to the go well with, the Mavericks denies Nelson’s allegations and doesn’t admit any wrongdoing however prevents him from discussing or disclosing his allegations.
“If the statements within the Nelson EEOC cost are false, and the Mavericks truly fired Nelson for poor job efficiency, why on the earth would Cuban, Dallas Mavericks, or anybody give Nelson $52 million to settle Nelson’s authorized claims?” The lawsuit states.
In an announcement to ESPN, Nelson stated he filed the lawsuit “on behalf of my household and all Mavericks workers who’ve skilled harassment, discrimination or retaliation within the office.”
“Placing a lawsuit shouldn’t be taken flippantly – nonetheless, it was crucial that I communicate up,” Nelson stated in his assertion. “I hope the information that emerge on this lawsuit will defend the fantastic individuals I’ve had the distinction and privilege of working with throughout my 24 years with the Mavericks.”
Nelson’s legal professional, Rog Dunn, stated in an announcement that Nelson has “the braveness to file this lawsuit,” including: “I hope anybody who has been sexually harassed by a Mavericks worker speaks up. The information and problems with this lawsuit will come ahead.”
The go well with alleges Cuban “could not have disclosed” Nelson’s accusation to the EEOC of the Nationwide Basketball Affiliation.
Relating to the alleged sexual assault by Lutein throughout the All-Star weekend, the lawsuit says that Nelson requested Luten if he would go to together with his nephew about employment alternatives with the Mavericks and within the sports activities and leisure trade. Nelson’s nephew attended a lunch hosted by Don Nelson. The go well with features a photograph of the lunch friends, together with Lutien and his nephew.
After lunch, Luten invited Nelson’s nephew to fulfill him in Luten’s resort room to “focus on enterprise alternatives,” the lawsuit states.
The lawsuit states that “Lutin requested Nelson’s nephew to sit down subsequent to him on the mattress after which sexually molested and sexually assaulted an LGBTQ younger man searching for work with the Mavericks.” It’s clear that Luten’s quite a few violations and insurance policies The indiscretion was a violation of the Mavericks’ supposed “zero tolerance” coverage.
A Nelson EEOC criticism from December says Cuban “can not afford to be subjected to Lutein’s sexual harassment.”
The Equal Employment Alternative Fee (EEOC) criticism says, “As an alternative of taking swift remedial motion towards Lutein and firing him,” as required by the Mavericks’ supposed zero-tolerance coverage on sexual harassment, the Mavericks quietly and confidentially resolved sexual harassment and sexual assault” to Nelson. Nephew and Luten stored working with none self-discipline.
The Equal Employment Alternative Fee (EEOC) criticism continued, “The Cuban cover-up of Luten’s sexual harassment and sexual assault is proof that the one motive Cuba took an curiosity within the Mavericks’ discriminatory and sexist work setting was when it was uncovered and printed by Sports activities Illustrated.”
In 2018, a Sports activities Illustrated story in regards to the Mavericks described a decades-long “firm tradition crammed with misogyny and predatory sexual habits”, together with quite a few allegations towards former CEO and President Terdima Osiri, who left the staff in 2015.
A subsequent NBA investigation by an out of doors regulation agency interviewed 215 present and former Mavericks workers and examined greater than 1.6 million paperwork, emails and textual content messages.
The investigation revealed “inappropriate office habits” in direction of 15 feminine workers by Ussery, together with inappropriate feedback, touching and compelled kissing. It additionally discovered inappropriate habits within the office by former ticket salesperson Chris Hyde, together with inappropriate feedback about girls of a sexual nature and viewing and sharing of pornographic pictures and movies.
The investigators concluded that Mavericks administration personnel have been “ineffective, together with an absence of compliance and inside management.” It additionally discovered that the staff’s government management not solely allowed for an inappropriate work setting but additionally strengthened the assumption that these concerned in that setting can thrive.
“The findings of the unbiased investigation are disturbing and heartbreaking and no NBA worker, or any office for that matter, ought to be topic to the kind of work setting described within the report,” NBA Commissioner Adam Silver stated in an announcement in September. 2018. “We respect Mark Cuban’s immediate, thorough, and clear response to the allegations first reported in Sports activities Illustrated – together with the speedy appointment of Cynthia Marshall as CEO to result in change.”
After investigation, Cuba agreed to contribute $10 million to girls’s organizations however confronted no additional punishment. He informed ESPN that he adopted the necessities given to the staff by the NBA after attaining the league.
“The NBA despatched us an extended listing of necessities because of the 2018 investigation,” Cuban stated. “We had an inventory of issues to report back to the NBA yearly. And we did it with out exception.”
In a 2018 interview with ESPN, Cuban apologized to those that have been victims of an assault.
“In hindsight, he was staring straight at me and I missed it,” Cobain stated. “… I wasn’t as targeted on work as I ought to be.
“By no means in my wildest goals did I feel this was occurring proper below me. And I by no means thought – the ache individuals went by way of, the ache individuals shared with me when this occurred, the tears I noticed… It simply hurts. And the best way I felt shouldn’t be Nothing in comparison with the best way they felt… I imply, I’ve to appreciate I made a mistake, study from it after which attempt to repair it.”
