2008 Woodie Awards
Court rules McPhee not liable in sexual harassment lawsuit
Andy Harper
Issue date: 12/6/07 Section: News
The Appellate Court of the Tennessee Supreme Court granted permission to Tammie Allen Tuesday to proceed with a sexual harassment suit against the state.
Justice Janice M. Holder wrote the opinion of the court, which dismissed McPhee of individual liability but still holds the state responsible.
"Given the role McPhee would be designated to play in the handling of Allen's sexual harassment complaint, a reasonable jury could conclude that Allen could have credibly believed that complaining would have been futile or counterproductive or would have resulted in retaliation," the court wrote.
Justices heard the appeal for the suit against McPhee on June 6, after the Rutherford County Circuit Court dismissed the suit in 2004.
During the appellate hearing, Allen's lawyer, Gilbert Anglin, cited sexual harassment, retaliation and aiding and abetting sexual harassment as the primary focus of the suit.
"One thing we have in this case is there seems to be some misunderstanding about the law," Anglin said in opening statements in June.
Allen filed a civil suit against McPhee, MTSU, the Tennessee Board of Regents and the state in 2003, after an investigation by the TBR regarding accusations of sexual harassment from Allen about McPhee. The result of the TBR investigation found both parties guilty of "inappropriate behavior."
McPhee was given a 20-day suspension and $10,000 pay decrease. Allen was relocated to Development and University Relations, promoted to vice president of the division and given an increase in salary.
In 2004, Rutherford County courts dismissed the suit. Allen filed an appeal with a district appellate court in Gallatin, which upheld the dismissal. Allen's council responded by filing an appeal with the Appellate Court of the Tennessee Supreme Court.
Since the sexual harassment claims, the TBR has restructured policies on reporting sexual harassment, said Mary Morgan, a spokeswoman for TBR.
"After this occurred, we did make a change to the policy to make it explicit what steps one takes in the event it is a president or director that is being accused of harassment," Morgan said to The Tennessean.
The TBR is pleased with the court's decision, Morgan said.
"In its ruling, the court found that the board acted appropriately in removing the claimant from any risk of further harassment, conducted a swift and effective investigation, took reasonable corrective actions, disciplined McPhee and did not retaliate against Allen," Morgan said. "We are further pleased that the court found McPhee is not personally liable for any of the claimant's charges."
Justice Janice M. Holder wrote the opinion of the court, which dismissed McPhee of individual liability but still holds the state responsible.
"Given the role McPhee would be designated to play in the handling of Allen's sexual harassment complaint, a reasonable jury could conclude that Allen could have credibly believed that complaining would have been futile or counterproductive or would have resulted in retaliation," the court wrote.
Justices heard the appeal for the suit against McPhee on June 6, after the Rutherford County Circuit Court dismissed the suit in 2004.
During the appellate hearing, Allen's lawyer, Gilbert Anglin, cited sexual harassment, retaliation and aiding and abetting sexual harassment as the primary focus of the suit.
"One thing we have in this case is there seems to be some misunderstanding about the law," Anglin said in opening statements in June.
Allen filed a civil suit against McPhee, MTSU, the Tennessee Board of Regents and the state in 2003, after an investigation by the TBR regarding accusations of sexual harassment from Allen about McPhee. The result of the TBR investigation found both parties guilty of "inappropriate behavior."
McPhee was given a 20-day suspension and $10,000 pay decrease. Allen was relocated to Development and University Relations, promoted to vice president of the division and given an increase in salary.
In 2004, Rutherford County courts dismissed the suit. Allen filed an appeal with a district appellate court in Gallatin, which upheld the dismissal. Allen's council responded by filing an appeal with the Appellate Court of the Tennessee Supreme Court.
Since the sexual harassment claims, the TBR has restructured policies on reporting sexual harassment, said Mary Morgan, a spokeswoman for TBR.
"After this occurred, we did make a change to the policy to make it explicit what steps one takes in the event it is a president or director that is being accused of harassment," Morgan said to The Tennessean.
The TBR is pleased with the court's decision, Morgan said.
"In its ruling, the court found that the board acted appropriately in removing the claimant from any risk of further harassment, conducted a swift and effective investigation, took reasonable corrective actions, disciplined McPhee and did not retaliate against Allen," Morgan said. "We are further pleased that the court found McPhee is not personally liable for any of the claimant's charges."
Viewing Comments 1 - 3 of 3
journalism?
posted 12/06/07 @ 1:14 AM CST
Ummm, can we say "copy" and "paste," Mr. Harper? This reads like the Daily News Journal's account.
Class of 82
posted 12/06/07 @ 6:38 AM CST
Great. McPhee skates and the taxpayers (US) pay everyone off to shutup. Figures that the state board is willing to pay out when its not their money. (Continued…)
Zita Strange
Donna Zita
posted 12/17/07 @ 2:25 AM CST
Is anyone else sickened by the total lack of justice in this case, not only for the woman harassed but also for all female students on campus? If you are a female student that is being harassed or is accusing a fraternity of rape(as recently occurred), the final say in the investigation is Sidney McPhee, a man the TBR found harassed a woman enough to fine him 10,000 a year. (Continued…)
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