Former president of basketball operations and general manager Donnie Nelson sued the Dallas Mavericks on Thursday, alleging that owner Mark Cuban fired him in retaliation for reporting a “high-level Mavericks executive sexually harassed and sexually assaulted a job applicant” and warning that team employees and players were at risk.
The lawsuit says Cuban’s chief of staff, Jason Lutin, sexually harassed and sexually assaulted Nelson’s nephew during a job interview in February 2020 and that Cuban offered Nelson $52 million to withdraw his claim of wrongful termination and to sign a confidentiality agreement.
Nelson filed the lawsuit in Dallas County court. ESPN was first to report the news.
Lutin has served as Cuban’s chief of staff for years and often accompanies the Mavericks on road trips.
Nelson connected his nephew, who was not named in the lawsuit, with Lutin to discuss job possibilities with the Mavericks and in the industry, according to the lawsuit. After a lunch during the 2020 All-Star Weekend in Chicago, hosted by Nelson’s dad, Don, Lutin invited Nelson’s nephew to his hotel room “to discuss job possibilities.”
“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.”
Cuban and Lutin have denied the allegations.
“The filing is full of lies and ridiculous,” Cuban wrote in an email to The Dallas Morning News. “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.
”I can only guess that this is sour grapes and a way to try to get back at us for firing him.”
Lutin offered similar comments to ESPN.
“It’s a complete lie and I defer to Mavs to comment and who have already dealt with this matter,” Lutin said to ESPN. “And obviously have a lot of information to show none of that ever happened.”
In a statement provided to The News, the Mavericks said:
“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 Mavs have always intended to hold private the inappropriate actions of Donnie Nelson that led to his termination.”
The lawsuit says Nelson didn’t learn about the alleged incident until five months later — after his nephew had already settled for an undisclosed amount with the team and after Nelson had begun talks with Cuban to extend his contract for 10 years as president and general manager.
A week after the Mavericks’ first-round playoff loss to the Clippers in June, Cuban fired Nelson after 24 years with the franchise amid reports about decision-making power conflicts with Haralabob Voulgaris, the Mavericks’ former director of quantitative research and development.
Days later, longtime coach Rick Carlisle resigned.
Nelson’s lawsuit Thursday marked a new chapter in the recent history of sexual harassment and assault allegations against Mavericks employees.
A Sports Illustrated investigation in 2018 revealed a culture of sexual harassment and improper conduct in the franchise’s business operations over multiple decades. The report triggered a seven-month investigation and numerous team-executive firings. The NBA fined Cuban $10 million.
The Mavericks then hired new CEO Cynt Marshall, who instituted a “zero-tolerance policy” for inappropriate workplace behavior.
A follow-up investigation by The News revealed the misconduct of former Mavericks ticket sales Chris Hyde, who repeatedly made comments of a sexual nature and shared pornographic images and videos in the workplace.
In July 2020, Sports Illustrated published another story centered on a female accuser’s allegation that then-Mavericks scout Tony Ronzone groped and forcefully threw her onto a bed in his hotel room after allegedly inviting her there to give her tickets during NBA summer league in 2019.
The Mavericks denied the allegations against Ronzone then, but later dismissed him after learning new information about the alleged incident, The News reported.
ESPN reported Thursday that Nelson filed a complaint with the Equal Employment Opportunity Commission in December that said Cuban “could not afford to be exposed for Lutin’s sexual harassment.”
“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 said, according to ESPN.
Thursday’s lawsuit is not the first filed against Cuban by a Nelson family member. Cuban and Don Nelson were involved in past litigation, when Nelson in 2007 sued Cuban for $6.6 million, money to which he said he was entitled after his departure from the Mavericks and ultimate return to Golden State.
An arbitrator ultimately awarded Nelson the $6.6 million and $800,000 for attorney fees.
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