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Fired principal files lawsuit, seeks jury trial
By Lynn Hotaling
The fired principal of Jackson County’s largest school has filed a lawsuit, alleging breach of contract and wrongful termination by local school officials.
Former Smoky Mountain High School Principal Kenny Nicholson’s complaint alleges that Jackson County Board of Education members James Roper, Ali Laird-Large, Ken Henke, Nathan Moss and Mary Jane Dillard and former Superintendent Mack McCary acted improperly when they fired him Sept 4.
The lawsuit, filed by Waynesville attorney Rusty McLean on plaintiff Nicholson’s behalf, seeks a jury trial, monetary compensation in excess of $10,000 to Nicholson for both listed causes of action – breach of contract and wrongful termination – and asks that the defendants (school officials) pay all court costs.
To support the breach of contract contention, Nicholson, who was suspended by then-Superintendent McCary on June 23, maintains that he was denied an opportunity to appeal to appeal his suspension to the Board of Education.
According to the lawsuit, Nicholson requested such an appeal in writing on July 10 and verbally in the Superintendent’s office on Aug. 4. During the Aug. 4 meeting, Nicholson and McLean also requested a copy of the sexual harassment allegations that resulted in Nicholson’s suspension.
When neither item was received, Nicholson and his attorney repeated their requests on Aug. 18, the suit says.
In the wake of those requests, Nicholson received notification from school board attorney Paul Holt that a hearing would be conducted before the school board on Sept. 11 and that the superintendent’s recommendation for Nicholson’s termination would also be submitted on that date, according to the lawsuit.
Though Nicholson intended to appear on Sept. 11, McCary appeared before the board on Sept. 4 and recommended Nicholson’s dismissal, the lawsuit says. Nicholson was not given notice that any action relating to him was being considered for that day, the suit says.
To support the claim of wrongful dismissal, Nicholson’s lawsuit contends that school officials violated their policy for the reporting of violations, including sexual harassment.
According to the lawsuit, the policy was violated in several ways: the reported complaints were delivered to a school board member before any recommendation from the superintendent; Policy Code 2121 was further violated by allowing two of the complainants to have discussions with a board members before and after the complaints were filed; by relying on reports of violations outside of the statutory limits set out in the policy; and by failing to interview the accused (Nicholson) or interview persons who had knowledge of the allegations.
School officials have requested that Nicholson’s suit be dismissed.
In a brief supporting that request, Ken Soo, attorney for the school board, maintains that Nicholson has already challenged his dismissal in Jackson County Superior Court, where his petition was denied.
Judge James Downs ruled Dec. 8 that Nicholson was not entitled to a hearing before the Board of Education because he didn’t make a written request for such a hearing within the 14-day time period specified by state statutes.
Soo’s brief also contends that Nicholson’s suit should be dismissed because he had not exhausted his administrative remedies because he did not appeal Judge Downs’ decision to the N.C. Court of Appeals.
As to Nicholson’s claim of wrongful termination, the defendants’ brief maintains that cause of action should be dismissed because “wrongful discharge” only applies to “at-will” employees. Because Nicholson was employed under a contract, he cannot state a claim for wrongful discharge, according to the brief.
Nicholson’s dismissal was based on complaints of sexual harassment made by a female SMHS administrator and two female teachers. Allegations made by the three are detailed in McCary’s July 30 letter to Nicholson, which Nicholson attached to his Oct. 3 request for judicial review.
SMHS Instructional Specialist Mary Anne Barker made her allegations against Nicholson public through a July incident report filed with the Jackson County Sheriff’s Office. She said that Nicholson kissed her against her will and made inappropriate remarks about her clothing.
Allegations made by a current SMHS teacher are similar. She is quoted as saying Nicholson told her “he liked her in ways he was not supposed to” and “thought things about her he shouldn’t.”
The third set of allegations come from a former SMHS teacher who contends she was sexually harassed during the 1998-99 school year. That teacher said she confided in SMHS resource officer Keith Webb and asked his help to make sure she wasn’t alone with Nicholson while at school. McCary’s letter to Nicholson indicates that Webb corroborated the teacher’s statements.
Both teachers said they were forced to seek professional counseling as a result of the alleged harassment.
A 1963 graduate of Sylva-Webster High, Nicholson was principal at Scotts Creek and Fairview elementary schools before moving to SMHS in 1994. He was completing his third year of a four-year contract when he was dismissed.
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