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By Lynn Hotaling
Nicholson
Citing "material and evidence presented in executive session,"
local school officials Sept. 4 dismissed veteran Smoky Mountain
High School Principal Kenny Nicholson.
School board member Ken Henke, a former SMHS principal who served
as assistant principal under Nicholson for six years at SMHS and
several years at Fairview, moved to terminate Nicholson's employment.
Henke's motion, approved unanimously, included the stipulation
that Nicholson be barred from all school system property except
the administrative offices on Hospital Road.
School Board Chairman James Roper, citing state personnel law,
declined to elaborate on the reasons for Nicholson's dismissal.
Superintendent Mack McCary also declined comment.
"I can't comment on personnel matters," he said.
Board members' decision to ban Nicholson from school property
was made "due to the nature of the charges that led to (Nicholson's)
dismissal," McCary said Tuesday.
As written, board members have permanently barred Nicholson from
school system property, except the Central Office, said Paul Holt,
school board attorney. Should Nicholson wish to attend a specific
school-related function, he could petition the school board for
permission, Holt said.
In a statement Monday, Nicholson expressed disappointment and
indicated a lawsuit may be forthcoming.
"I am very disappointed in the decision of the school board.
I have not commented until this time in order to give an opportunity
for this matter to be properly investigated and procedures followed
to respond to the allegations," Nicholson said.
"I received my notice of dismissal from the Internet (This
newspaper's Web site broke the news an hour after the school board's
Sept. 4 decision.) prior to being formally advised by the superintendent
of the board's actions. The superintendent had already informed
me that I was to be dismissed based on his recommendation before
I was ever provided a copy of the allegations.
"I requested a hearing with the board, but they declined.
At this time the only recourse I have is to seek relief through
the court so that this matter may be resolved in a public forum,"
Nicholson said.
McCary denied that he had told Nicholson he would be dismissed
before Nicholson had seen the complaints against him.
"The only thing I told Mr. Nicholson when he was suspended
with pay was that the investigation would determine what happened
next," McCary said. "I did not inform him of my intention
to recommend his dismissal until he had the opportunity to review
the letters of complaint, meet with the investigative team, and
meet with me."
Though school officials have consistently declined to reveal the
cause of Nicholson's June 23 suspension, it is apparently based
on complaints of sexual harassment made by a female administrator
and at least two teachers.
SMHS Instructional Specialist Mary Anne Barker filed a July 21
incident report with the Jackson County Sheriff's Office, alleging
that Nicholson kissed her against her will June 20.
According to the report, Barker said she would prefer school officials
remove Nicholson or take appropriate action and that she "could
not work in the same environment with him any longer."
Barker told investigating officer J.L. Hall that she had filed
a written complaint with the Jackson County Board of Education
and had received a reply from school officials indicating her
report had been substantiated.
In the wake of Barker's criminal complaint, two female teachers
confirmed they had made similar complaints to local school officials
concerning Nicholson's behavior.
The two teachers, who asked their names not be used, said they
had not pursued legal action or contacted law enforcement. One
teacher indicated she had also received a reply from school officials
saying her allegations had been substantiated.
A 1963 graduate of Sylva-Webster High, Nicholson was principal
at Scotts Creek and Fairview elementary schools before moving
to SMHS in 1994.
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