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More complaints against Nicholson confirmed

By Lynn Hotaling

In the wake of last week's allegation of sexual harrassment against a suspended high school principal, two female teachers confirmed Tuesday that they have made similar complaints to school officials.

Though school officials will not comment on the reasons for Smoky Mountain High School Principal Kenny Nicholson's suspension, Mary Anne Barker, instructional specialist at Smoky Mountain High for the past two years, filed a July 21 incident report with the Jackson County Sheriff's Office that alleges Nicholson kissed her on the mouth against her will June 20.

The other two teachers, who asked their names not be used, said they have complained to the school system about Nicholson's behavior but do not wish to pursue legal action or contact law enforcment at this time. One indicated that she had received a letter from school officials stating her complaint had been substantiated.

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, according to the incident report.

Barker declined additional comment and neither confirmed nor denied that the complaint she made to school officials included similar information to that contained in the incident 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.

When contacted, 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 misdemeanor would be assault on a female by a male over 18, to wit: a kiss, said Jackson County Sheriff Jimmy Ashe.

Nicholson, 57, remains on administrative leave with pay, Superintendet Mack McCary said Wednesday.
McCary neither confirmed or denied that Nicholson's suspension was related to Barker's complaint, and declined comment when asked about the additional complaints against Nicholson.

"I'm not at liberty to discuss an ongoing personnel matter," he said.

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 was principal at Scotts Creek and Fairview elementary schools before moving to SMHS in 1994.

Nicholson, who has three times declined to comment on the circumstances surrounding his supsension, said Wednesday that he'd prefer questions be directed to his lawyer, Rusty McLean of Waynesville.

McLean was out of town Wednesday and unavailable for comment.

School officials Tuesday night (July 29) named SMHS Assistant Principal Alex Bell interim principal. (See related story, page 1A.)

Back to Archive: 07/31/03.


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