A Football Coach and CEO Lose Their Jobs After Work-Related Relationships They Considered Consensual Are Discovered
9/27/23 – – Today Michigan State University officially fired its head football coach Mel Tucker, citing inappropriate conduct with a consultant to the football program. And earlier this month, BP terminated its CEO Bernard Looney after an investigation revealed his failure to disclose personal relationships he was having with colleagues.
What links these stories from a crisis prevention point of view is the primary defense each offered when confronted with their bad behavior. Both insisted that their indiscretions were “consensual.”
Now both are unemployed, disgraced and uncertain of their futures.
It should be crystal clear that having a fling with someone you work with, consensual or not, is a crisis waiting to happen — for the individuals involved and their companies.
Let’s take a look at the Tucker and Looney cases.
Coach Tucker, who was in the second year of a 10-year $95 million contract, is accused of sexually harassing a consultant he hired to address his team about sexual violence and consent. In her complaint she alleges that Tucker pursued her romantically for months and during a phone call in April masturbated without her consent.
Tucker, who is married but separated, admits to having “phone sex” with the consultant. But he claims the two were romantically involved and denies any harassment or non-consensual activity. He’s challenging the university’s termination for cause and going to court to recoup at least some of his forfeited salary.
In a statement issued this morning, MSU Athletic Director Alan Haller explained:
“The university terminated Tucker’s contract for his admitted and undisputed behaviors which have brought public disrespect, contempt and ridicule upon the university; and constitute a material breach of his agreement, and moral turpitude.”
Haller in a letter to Tucker rejected the “it was consensual” defense:
“Your unconvincing rationalizations and misguided attempt to shift responsibility cannot and do not excuse your own behavior. Had you not engaged in this inappropriate and unprofessional conduct, the University would not be subject to public disrespect and ridicule regarding your actions.”
Earlier this month, BP announced that Bernard Looney, given high marks by investors for navigating the COVID pandemic and steering the British energy company toward carbon neutrality, was stepping down from his post as chief executive.
After an investigation found evidence of more than one secret workplace relationship, Looney’s initial response was along the lines of, “Oh yeah, I didn’t tell you about those, but they were consensual.”
The company’s statement announcing Looney’s termination explained:
“Mr. Looney has today informed the company that he now accepts that he was not fully transparent in his previous disclosures . . . he did not provide details of all relationships and accepts he was obligated to make more complete disclosure.”
Recognizing the dangers of work-related dalliances — real, imagined or coerced — companies have put policies in place requiring prompt disclosure and often prohibiting such relationships all together. Public company boards have been particularly unforgiving when informed of senior-level management transgressions. In recent years Intel, McDonald’s and CNN have shown high-profile fallen executives the door under similar circumstances.
But even with all this policing, human nature seems to keep mucking things up. No matter how high the stakes. And the deficiency of the “consensual defense” in the workplace is not fully appreciated.
In the court of public opinion — and to fellow employees — it’s just not possible for a subordinate employee to freely consent to a romantic/sexual relationship with a CEO or supervisor. Favoritism and ultimately some level of harassment or hostile work environment are perceived to be inevitable.
Executives and crisis counselors should go to school on the Tucker and Looney case studies. Discuss what additional steps should be taken to limit these interactions and avoid the human hurt and reputational damage to their employees and organization.
At a minimum, require disclosure by both parties to a senior HR executive of any romantic relationship inside the company and with suppliers or consultants. Maintain a confidential employee hot line and promptly follow up on what’s reported. Review relevant policies with senior executives at least twice each year.
And let’s retire the word consensual from our corporate vocabulary.
Crisis Quotient Blog 