Former Mavericks GM Donnie Nelson sues team for alleged retaliation over sexual harassment report
Donnie Nelson, the former longtime general manager of the Dallas Mavericks, is suing the team over his June 2021 firing. Nelson alleges that team owner Mark Cuban fired him as retaliation for reporting that his nephew was sexually harassed and sexually assaulted by Jason Lutin, Cuban's chief of staff, during a job interview. Nelson also alleges that Cuban tried to pay him off, offering him a staggering $52 million to sign a confidentiality agreement and withdraw his wrongful termination claim.
Cuban denied all of Nelson's allegations in an email to ESPN:
"Everything in that filing is a lie," Cuban wrote. "We did multiple complete investigations and the only person that did not live up to the standards of the Dallas Mavericks was Mr. Nelson. He was fired as a result. He was well aware of the investigation. He refused to fully participate. I will say it again, everything he said is a lie."
Nelson's claims against Mavericks, Cuban
The incident at the center of Nelson's lawsuit concerns his nephew, who has not been identified, and Lutin, who ESPN's Don Van Natta Jr. described as Cuban's "right-hand man." On Feb. 16, 2020, Nelson's nephew went to lunch with Nelson, Lutin, and several others to discuss employment opportunities with the Mavericks. After lunch, the lawsuit claims that Lutin invited Nelson's nephew up to his hotel room to discuss job opportunities.
"Lutin asked Nelson's nephew to sit next to him on the bed and then sexually harassed and sexually assaulted an unsuspecting, vulnerable LGBTQ young man seeking employment with the Mavericks," the lawsuit states. "Lutin's numerous policy violations and indiscretions were clearly in breach of the Mavericks supposed 'zero-tolerance' policy."
Nelson didn't find out about the alleged incident between his nephew and Lutin until five months later, after a settlement had been reached that involved money and a confidentiality agreement, according to the lawsuit. Nelson claims in the suit that he then confronted Cuban about the incident in the midst of ongoing talks regarding a 10-year contract extension.
The lawsuit says that Cuban ended up offering Nelson a 10-year, $66 million extension, and claims there's a link between Nelson confronting Cuban about the harassment and Cuban eventually withdrawing the contract offer.
By June 2021, there had been several reports that Nelson wasn't getting along with Haralabos Voulgaris, the Mavs' director of quantitative research and development and a former professional gambler. The reports claimed that Voulgaris had Cuban's ear, and that Cuban wasn't listening to anyone else in the organization when it came to basketball operations. By the middle of the month, Nelson had been fired after 24 years with the organization.
Nelson also filed a complaint with the Equal Employment Opportunity Commission in December, claiming that since his job performance was fine, Cuban could have only fired Nelson due to his report about Lutin.
"There were absolutely no mistakes, warnings ... or job performance issues with Nelson between the time he reported Lutin's sexual harassment and sexual predatory proclivities and the time period that Mark Cuban revoked the 10-year offer and began a campaign of retaliation," Nelson's complaint says.
Mavericks respond to lawsuit
Hours after news of the lawsuit was reported, the Mavericks released a statement echoing some of what Cuban said in response to Nelson's allegations and went as far as claiming Nelson refused to cooperate with a team investigation into what they called "inappropriate actions" by the former executive.
From ESPN's Tim MacMahon:
Allegations that were brought against Jason Lutin were promptly and thoroughly investigated by outside investigators and counsel. The NBA was immediately made aware of the allegations. The claims were determined to be fabricated and the matter was resolved.
Separately, Mr. Nelson refused to cooperate with the investigators that were looking into his behavior.
Nelson's claims of being terminated because of retaliation are completely unfounded and the lawsuit filed today is baseless and full of lies.
Mr. Nelson is fully aware, as is the NBA, of the reasons for his termination at the end of the 2020-2021 season.
The Mays have always intended to hold private the inappropriate actions of Donnie Nelson that led to his termination.
Mavs investigated for hostile workplace in 2018
This isn't the first time claims of sexual assault and sexual harassment have come out of the Mavericks organization. Sports Illustrated published an explosive exposé of the team's "hostile" workplace environment in 2018, in which current and former employees alleged numerous incidents of sexual harassment.
The NBA's own investigation found that over a dozen women had experienced conduct that was classified as "improper." However, no one was fired as a result of the investigation, as both employees who had targeted those women were no longer working for the team.
Cuban, who claimed that he had no idea about what was happening in the organization he owns, wasn't formally punished by the NBA. He donated $10 million to women's organizations and says the team has followed all the requirements issued by the NBA as a result of the investigation.
