Mavericks former GM sues over sexual assault allegations

Work place conduct has become a focal point in recent times where professional sporting institutions are concerened. With this latest case, could there perhaps be a changing of trends?

Former Mavs GM sues franchise over sexual assault

According to reports, the Dallas Mavericks' former general manager Donnie Nelson has sued the team for wrongful dismissal. Nelson alleges that he was fired due to his reporting of sexual assault and harassment. In his lawsuit it is alleged that Jason Lutin, Mavericks owner Mark Cuban's chief of staff, sexually assaulted Nelson's nephew during the NBA All-Star weekend in Chicago in 2020. The lawsuit also goes on to allege that Cuban offered Nelson, who was fired in June, $52 million to withdraw a wrongful termination claim as well as sign a confidentiality statement related to the alleged harassment and abuse of his nephew.

What exactly happened with Donnie Nelson's nephew?

At present it is understood that the lawsuit which was filed in Dallas County court states that Justin Lutin, described in the lawsuit as Cuban's "right-hand man" and who is currently still employed by the franchise assaulted and harassed his nephew in a hotel room during the 2020 All-Star Weekend in Chicago. Though Nelson's nephew is not identified it has been reported that he is in his 20s and was invited by Lutin to a hotel room. As per the lawsuit, Nelson requested a meeting between Lutin and his newphew to discuss job possibilities with the Mavericks and in the sports and entertainment industry in general.

Subsequent to the exchange between Nelson and Lutin, Nelson's nephew then attended a lunch hosted by (former Mavericks head coach and Donnie's father) Don Nelson. A photo of the guestsin attendance - including Lutin and the nephew - was included in the lawsuit. After the lunch Lutin asked Nelson's nephew to Lutin's hotel room to "discuss job possibilities," according to the lawsuit. Once there Lutin then asked Nelson's nephew to sit next to him on the bed at which point he sexually assaulted and harassed "an unsuspecting, vulnerable LGBTQ yound man seeking employment with the Mavericks."

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Nelson goes on to state in the lawsuit that he only discovered the details of the incident some five months later, after his nephew and the team had reached a settlement and Nelson had begun discussing a potential contract extension with Cuban. According to Nelson it was at this point that he confronted Cuban about the incident and as a result, Cuban withdrew an offer from the franchise for a 10-year contract worth $66 million. As mentioned before Nelson alleges that Cuban also tried to offer him money ($52 million) in exchange for his signature on a non-disclosure agreement.

Mark Cuban responds to Donnie Nelson's allegations

In an email to ESPN, Mavericks owner Mark Cuban vehemently denied the allegations levelled against his chief of staff Jason Lutin. "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." Jason Lutin himself also responded saying, "What this man [Nelson] is doing to someone like me is absolutely unspeakable. It's a complete lie and I defer to Mavs to comment and who have already dealt with this matter," Lutin said. "And obviously have a lot of information to show none of that ever happened."

In yet another email which was sent to the Dallas Morning News, Cuban wrote, "The filing is full of lies and ridiculous. The NBA is and was fully aware of our investigation into Mr. Nelson and his claims. They fully supported our conclusion that the only person to violate The Mavs and NBA policies was Mr. Nelson, and they were fully supportive of our decision to terminate Mr. Nelson." Interestingly the franchise itself would later release it's own official statement:

"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 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 2020-21 season."

The NBA's stance and the Mavericks problem with harassment

Regarding the lawsuit filed by Nelson, NBA spokesperson Mike Bass said that the "league office was aware of the complaint that was made against Jason Lutin and that the Mavericks conducted an investigation into the complaint. We were also made aware by the Dallas Mavericks that Donnie Nelson was going to be relieved of his duties." Nelson for his part explained his motivation by saying, "it was extremely important that I speak up. ...On behalf of my family and all the Mavericks employees who have experienced harassment, discrimination, or retaliation in the workplace."

It should be noted that back in 2018, Sports Illustrated released an article about the Mavericks' workplace culture, which in turn resulted in the NBA to hiring a law firm to conduct a full investigation into the franchise. According to the league's statement at the time, the investigation "substantiated numerous instances of sexual harassment and other improper workplace conduct within the Mavericks organization over a period spanning more than twenty years." As for what happened next, it is understood that the Mavericks were required to provide the league with quarterly reports outlining how recommendations were being implemented and should any situation of significance occur they were asked to immediately report it. What was Cuban's response to that? As far as the franchise's owner is concerned, "We did so without exception."