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Judge dismisses lawsuit filed by fired SMHS principal
By Lynn Hotaling
A Superior Court judge has dismissed a lawsuit filed several months ago by a veteran administrator who was fired in the wake of sexual harassment allegations.
The order dismissing the suit was filed in the Jackson County Clerk of Court’s Office on June 10.
Through the order, Judge Marlene Hyatt dismissed former Smoky Mountain High School Principal Kenny Nicholson’s suit claiming breach of contract and wrongful dismissal and denied his motion to amend his original complaint.
Judge Hyatt heard oral arguments in April but did not issue a ruling at that time. She dismissed Nicholson’s suit “with prejudice,” which means that the former principal may not bring suit again.
Named as defendants in Nicholson’s complaint were Jackson County Board of Education members James Roper, Ali Laird-Large, Mary Jane Dillard, Ken Henke and Nathan Moss and former Superintendent Mack McCary.
In a brief filed on the defendants’ behalf, school board attorney Ken Soo maintained that Nicholson had already challenged his dismissal in Jackson County Superior Court, where his petition was denied.
Judge James Downs ruled in December that Nicholson was not entitled to a hearing before the Board of Education because the former principal and his attorney, Rusty McLean of Waynesville, did not request an appeal in writing within the 14-day time period specified by state statutes.
Soo’s brief also contended that Nicholson’s lawsuit should be dismissed because he had not “exhausted administrative remedies” since Nicholson did not appeal Judge Downs’ December ruling.
With regard to Nicholson’s claim of wrongful termination, Soo maintained that cause of action should not be allowed 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 Soo.
In his lawsuit, which was filed in March, Nicholson sought monetary damages in excess of $10,000 for each of the two listed causes of action – breach of contract and wrongful dismissal – and requested a jury trial.
To support the cause of breach of contract, Nicholson, who was suspended by then-Superintendent McCary on June 23, 2003, maintained that he was denied an opportunity to appeal his case to the Board of Education.
According to the lawsuit, Nicholson requested a hearing in writing on July 10 and verbally during an Aug. 4 meeting with McCary. Nicholson further contended that board members approved McCary’s recommendation for termination on Sept. 4, despite the fact that Nicholson received a letter saying the matter would be before the board on Sept. 11.
To support the claim of wrongful dismissal, Nicholson contended that school officials violated their policy for reporting 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; two of the complainants were allowed to have discussions with a board member before and after the complaints were filed; board members relied on reports of violations outside the statutory limits set out in the policy; and the board faile to interview the accused (Nicholson) or interview persons who had knowledge of the allegations.
Nicholson, a principal in Jackson County for more than a quarter-century, was fired due to allegations of sexual harassment made by a female administrator and two female teachers. Those allegations were detailed in a July 30 letter McCary sent Nicholson, which Nicholson attached to his October petition for judicial review.
SMHS instructional specialist Mary Anne Barker made her allegations against Nicholson public through a July 2003 incident report filed with the Jackson County Sheriff’s Office. She said Nicholson kissed her against her will and made inappropriate remarks about her clothing.
Allegations made by a current SMHS teacher are similar.
The third set of allegations came from a former SMHS teacher who contends she was sexually harassed during the 1998-99 school year.
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 had completed his third year of a four-year contract at the time he was dismissed.
Information as to whether Nicholson planned to appeal the dismissal was unavailable at press time.
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