By Lynn Hotaling
and Carey Phillips
A female administrator at Jackson County's largest school has
alleged sexual harassment on the part of her boss.
Mary Anne Barker, instructional specialist at Smoky Mountain
High for the past two years, filed an incident report Monday
(July 21) that alleges SMHS Principal Kenny Nicholson forcibly
kissed her on the mouth against her will Friday, June 20, between
3:15 and 3:30 p.m.
Deputy J.L. Hall of the Jackson County Sheriff's Office interviewed
Barker and completed the report.
Barker was advised she could contact the Magistrate's Office
if she wanted to pursue legal action, but she indicated she
did not wish to do so, the report states. Barker told Deputy
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.
According to the report, Barker said she would prefer that school
officials remove Nicholson or take appropriate action and that
she "could not work in the same environment with him any
longer."
Barker indicated to Deputy Hall that Nicholson had entered her
office at SMHS and closed the door before placing his hand on
her back and kissing her.
Barker told the deputy that after the kiss, Nicholson remarked
that he "told her he was going to do that and that he did
it." Barker also said Nicholson had made inappropriate
remarks about how she dressed, the report states.
When contacted Tuesday night, Barker declined additional comment.
She neither confirmed or denied that the complaint she made
to school officials included similar information to that contained
in the incident report.
If Nicholson were to be charged based on the incident report,
the alleged crime would be assault on a female by a male over
18, to wit: a kiss, said Jackson County Sheriff Jimmy Ashe.
Superintendent Mack McCary suspended Nicholson with pay Monday,
June 23, for reasons that have not been disclosed. There was
no change in his status as of press time Wednesday morning.
McCary neither confirmed or denied that Nicholson's suspension
was related to Barker's complaint.
"I really can't comment on personnel," he said Tuesday
evening. "My hands are tied."
According to state statutes, school officials must make a decision
about Nicholson's continued employment within 90 days of the
date of his suspension, said David Steinbicker, school system
personnel director.
A 1963 graduate of Sylva-Webster High, Nicholson, 57, was principal
at Scotts Creek and Fairview elementary schools before moving
to SMHS nine years ago.
Nicholson, who said two weeks ago that he has retained legal
counsel, said Wednesday morning that he did not know Barker
had filed an incident report with the Sheriff's Office. He declined
further comment about either the circumstances surrounding his
suspension or the report.
School Board Chairman James Roper, who served as school system
spokesman while McCary was on vacation during the first half
of July, said Tuesday night he was not aware Barker had filed
a report with the Sheriff's Office.
Superintendent McCary indicated an acting principal for SMHS
would likely be named next week during a Tuesday, July 29, school
board meeting.
