The attorney asked by the Cherokee County School District to investigate a sexual harassment complaint concluded it “is a fairly typical ‘she said/he said’ scenario with no independent verification of sexual harassment.”

Attorney Ken Darr, however, added, “At the very least, poor judgment was exercised by the accused individuals and inappropriate comments and/or conduct of a sexual nature may well have occurred, Certainly, the personnel actions taken are justified under the circumstances and under TEDA (Teacher Employment and Dismissal Act.)”

The Gaffney Ledger obtained a copy of Darr’s report under the S.C. Freedom of Information Act.

District employees Andy Jones, Tracy Schultz and former superintendent Bill James were accused by another employee, Jenny Stroupe, of sexual harassment in the spring of 2010.

Jones was then the district’s Assistant Superintendent and Schultz was an instructor at Cherokee Technical Center as was Stroupe. James has since retired as superintendent. Jones and Schultz were placed on administrative leave and have since been reassigned to other positions in the district. Both have filed lawsuits against the district and various individuals, including Stroupe and current interim superintendent Kim Bagwell.

Darr wrote in his report that he was asked by board chair Billy Blackwell “to handle the investigation because it involved high level administrators, including the superintendent, and the Board felt that an attorney other than the school district’s regular counsel ought to handle the investigation.”

Darr’s investigation included “talking with the parties involved, reviewing notes and other documents, reading emails, listening to voicemails, and discussing the matters with (other involved parties).”

The bulk of Stroupe’s claims concern comments she alleges Jones made to her in person, in emails and in voicemails and she “furnished detailed written notes of instances of sexual harassment, ... copies of emails exchanged with AJ (Jones) and copies of voicemails received from AJ,” Darr wrote in his report.

The allegations against James and Schultz are primarily that they were present on numerous occasions when Jones made his alleged comments.

In his conclusions, Darr wrote, “It is especially noteworthy that Ms. Stroupe’s impression that, in order to advance in the Cherokee County School District, you had to get in favor with Bill James and Andy Jones is also consistent with the current superintendent’s own conclusion in that regard."

The attorney's complete report follows:

Confidential Memorandum
May 20, 2010

To:  Kim Bagwell, Superintendent
Cherokee County School District

From:  Kenneth E. Darr Jr.
Lyles, Darr & Clark, LLP

Re:  Report on Investigation of Sexual Harassment Complaint of Jenny Stroupe

BACKGROUND AND PROCEDURE:

I was contacted by Billy Blackwell, Board Chair, about investigating a sexual harassment complaint filed by Jenny Stroupe.  Mr. Blackwell explained that the complaint had been passed along to the Board because it involved high level administrators, including the superintendent, and the Board felt that an attorney other than the school district's regular counsel ought to handle the investigation.  I had not further contact whatsoever with Mr. Blackwell (or any other Board member).

I contacted the acting superintendent, Kim Bagwell, to inform her that I had been asked to investigate and to get some background on the matter.  The investigation proceeded from there and included talking with the parties involved, reviewing notes and other documents, reading emails, listening to voicemails, and discussing matters with administrative personnel, the school district's regular counsel, and attorneys for the both the accuser and the accused.  The investigation progressed more slowly at times based upon the availability of counsel, witnesses, and requested evidence.

Cherokee County School District Board Policy GAM (Staff Rights and Responsibilities) describes sexual harassment as consisting of "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" where: (1) "[s]ubmission to such conduct is made either expressly or impliedly a condition of employment," (2) "[s]ubmission to or rejection of such conduct by an individual is used as the basis for any employment decisions affecting the individual;" or (3) "[s]uch conduct has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile or offensive work environment."  Policy GAM formed the basis for the investigation.

All three of the accused were certified employees of the school district.  One of the accused (Bill James) resigned during the pendency of this investigation.  The other two who were accused (Andy Jones and Tracy Schultz) were put on administrative leave until May 3, 2010.  One (Andy Jones) remains on medical leave, and the other (Tracy Schultz) returned to work at another school (where the accuser does not work) on May 3, 2010.  The administration and its regular counsel concurred that this was the most appropriate course of action in order to allow the investigation to proceed without concern about continued harassment and without prejudice to any party involved prior to its conclusion.

SYNOPSIS OF FINDINGS FROM WITNESSES:

1.  JENNY STROUPE:

Jenny Stroupe (JS) furnished an interview with Carlotta Reddish (CR) and Kim Bagwell (KB) to outline instances of sexual harassment by Andy Jones (AJ), Tracy Schultz (TS) and Bill James (BJ).  (CR's notes of that interview is Attachment 1).

JS furnished detailed written notes of instances of sexual harassment (Attachment 2).  JS and CR furnished copies of emails exchanged with AJ (Attachment 3).  JS also furnished copies of voicemails received from AJ.

Based upon the interviews with Ms. Stroupe and the materials she and her counsel furnished to the school district, the following are among the myriad of allegations of inappropriate conduct she has made against the three accused individuals:

1.  On December 17, 2009, AJ looked JS up and down (after she delivered a desert to the district office) and licked his lips and whispered, "is it warm and sweet?" and later rubbed her shoe with his.  Later, TS told her he had gotten a call about some red hot pants that had just brought over something warm and sweet to eat.
2.  On January 11, 2010, AJ and BJ visited CTC.  AJ told JS he was going to Vegas and was going to spend his money on cocaine and strippers unless JS would go along and then continuously looked her up and down and licked his lips.  JS asked BJ about an assistant principal's job, and BJ told her she had not been visiting enough yet for any consideration and that she had on "the wrong shirt today to be talking about administration."  Later, AJ called to tell her enjoyed watching her leave but would enjoy watching her come even more.  When JS mentioned BJ's shirt comment, AJ said that BJ had always been a boob man, but he [AJ] preferred the total package himself.
3.  On January 13, 2010, AJ visited BHS 9th grade wing and told JS that he just wanted to see her "beautiful lips."
4.  On January 14, 2010, AJ called JS and asked her about going off to Kings Mountain without anyone knowing.
5.  On January 15, 2010, AJ went to the Health Fair to try to see JS and called her to ask where she was and told her he'd dream about her while he was in Vegas.
6.  On January 19, 2010, AJ called JS and said he really wanted to see her.  JS went to the district office to get some papers signed, and AJ motioned her into his office where he asked her when he was going to get to lick on her "beautiful, sexy lips" and when he was going to "get a little sample."  AJ also told her to "stick with me if you want to get in good with him (referring to BJ).  AJ told her that she could text him if she ever wanted to meet him after work and asked when she was going to bring him some ice cream because he was sure he "could get creative on how or where [he] could eat it."  JS told AJ that he had crossed the line ... several times over, and he said he had been told that before.
7.  On January 20, 2010, AJ called her and asked if she had considered his offer.
8.  On January 21, 2010, AJ called JS and asked when he was going to "get to see those sexy lips again."  He called and emailed her again later that day.
9.  From January 22 through February 11, 2010, JS had limited contact with AJ and did not respond to AJ's emails or call him back.
10.  On February 2, 2010, TS asked JS if she had talked to AJ lately and told her that she needed to call him.  Later that day, AJ personally delivered a Milliken rug to JS (after meeting the Milliken rep at a store to pick it up).
11.  On February 18, 2010, TS reported to JS that she had "flown through the radar now."

2.  ANDY JONES:

AJ was interviewed in person and by telephone to review specific allegations of sexual harassment and to get his response those allegations.

Generally, AJ denies the specific instances of sexually harassing conduct against him and others.

JS does not report to AJ and does not report to anyone who reports to AJ.  However, AJ admits being in JS's presence on numerous occasions at the district office, his office, JS's school (CTC), et.

AJ admitted much of the same behavior to KB (independent of the investigation).

AJ says he "probably called her [JS] 'baby.'"  AJ says he is "a big flirt."  AJ admits that he probably said words to the effect that "your husband is a lucky man" and "you look good/nice/pretty today."  AJ denies rubbing JS's leg.  AJ admits contacting JS by telephone and email, but says JS ordinarily initiated contact (or AJ had information to share with JS that she had asked him about).

AJ says JS is "young" and "pretty," and "everybody knows what she does to get what she wants."  AJ says he often "kidded around" with JS.  AJ says he considered JS a friend and tried to help her with issues like the 2 contracts she signed and her part-time status request.

AJ admits that he is close friends with BJ and TS.

AJ admits that he passed JS coming out of BJ's office.  JS said, "Let me smell you."  AJ said, "Let me smell you, too."

AJ admits picking up a rug from a Milliken sales representative and delivering it to JS personally at CTC.

AJ says of JS's sexual harassment complaint, "She just wants a check.  She's gonna get a check."

AJ says that KB told him that everybody knows JS embellishes things and is just disgruntled.  KB denies this and says AJ said JS just "outsmarted" him.

AJ says a Board member told him after the executive session that they want to get BJ and his friends.

Many emails were exchanged between AJ and JS.

AJ left numerous messages on JS's voicemail which were saved and furnished by JS.  AJ says he just wants to get his last 2 years in and retire.  AJ said he will take any position, letter of reprimand, etc.

3.  TRACY SCHULTZ:

TS interviewed in person and by telephone to review the specific allegations of sexual harassment and to get his response to those allegations.

Generally, TS denies the specific instances of sexually harassing conduct alleged against him and others.

TS says his prior problems with a young, female teacher at CTC was dealt with by prior principal at CTC.  TS says he got a letter of reprimand saying they were "too close" or something to that effect.  KB determined that no leter of reprimand was ever put in TS's personnel file, although the CTC principal's file contained some information on the prior incident.

TS admits that the "Hangover Party" referred to by JS actually did occur.  [Note:  BJ denies that he and his wife were present.]

TS admits being close friends with AJ and BJ.

TS says AJ and BJ probably came to his shop class about 8 or 9 times over the last 3 years.  TS says JS always seemed to follow AJ into TS's office when he was there. 

TS says he may have relayed a message, but did not relay any inappropriate messages.

TS considered JS a friend and tried to help her with issues she had in dealing with Mike Melton (MM).

TS says Debbie Strickland (Special Ed teacher in same office with JS) would have heard JS asking TS for help with employment-related issues, but nothing sexually inappropriate.

TS suggested to JS that she apply for a job at Tractor Supply and told her "I bet you sell every one of them a tractor."

TS admits discussion of drinking breast milk and being called "Beanie Weanie" by Women at CTC.  TS says JS's nickname was 2x4.

TS says a Board member went to TS immediately after the executive session and told him what was going on.  TS says, "He thought he was helping me."

4.  BILL JAMES:

BJ was interviewed in person and by telephone to review the specific allegations of sexual harassment and get his response.

Generally, BJ denies the specific instances of sexually harassing conduct alleged against him and others, although he verifies some of the dates and circumstances in which there was contact with JS (and AJ and TS).

CONCLUSIONS:

This is a fairly typical "she said/he said" scenario with no independent verification of sexual harassment.  Conclusions as to the existence (or not) of any sexual harassment in such scenarios have to be based upon the credibility of the witnesses and the circumstances surrounding the complaint.  Those could lead a finder of fact to conclude either way as to the complaints of Ms. Stroupe.  On one hand, the accuser appears to have been trying to curry favor with administrators to advance her employment goals within the school district and could have been influenced to make allegations when those goals were not attained.  On the other hand, those accused admit a close relationship among themselves and numerous instances when they were with the accuser and such conduct could have occurred.  This is especially true with Andy Jones, who had an inexplicably large number of direct (one-on-one) contacts with a female employee whom he describes as both "pretty" and "young" and who neither reported to him nor to any other person who reported to him.  She was not in his chain of command, and yet this high level administrator called her repeatedly on her cell phone, left her voicemail messages, sent her many emails, and visited with her in his office, in the administration building break room, and at her school on numerous occasions.  Ms. Stroupe claims that Bill James and Tracy Schultz were present on a number of occasions when inappropriate conduct occurred.  Mr. Schultz may have been more of a messenger of some inappropriate comments than anything else.

Ms. Stroupe's allegations are quite detailed and have been consistent along the way, including her initial complaint, her interview with the superintendent and personnel director, her written notes, the emails and voicemails she furnished, and the meeting held in the superintendent's office with her husband and attorney present.  The dates and places she describes are also consistent with many of the emails and voicemails and the recollections of the persons accused.  It is especially noteworthy that Ms. Stroupe's impression that, in order to advance in the Cherokee County School District, you had to get in favor with Bill James and Andy Jones is also consistent with the current superintendent's own conclusions in that regard.

Though this report was drafted some weeks prior to being delivered to Ms. Bagwell on May 10, 2010, it was held, pending the meeting with Ms. Stroupe, the demand letter to be delivered by her attorney following that meeting, and the completion of the administration's planning on related personnel actions that were being contemplated.  However, the general conclusions of the investigation were shared orally with the administration, Ms. Stroupe and her attorney, and those accused.

Mr. Jones has been notified by the administration of his reassignment to a teaching position for the remainder of the 2009/2010 school year and for the 2010/2011 school year and was given the opportunity to resign.  Mr. Schultz has been notified of his reassignment to a teaching position in a different school for the remainder of the 2009/2010 school year and for the 2010/2011 school years and was also given the opportunity to resign.  Both of these actions are permissible under the S.C. Teacher Employment and Dismissal Act (TEDA) and do not require the determination that the employees engaged in sexual harassment.  At the very least, poor judgment was exercised by the accused individuals and inappropriate comments and/or conduct of a sexual nature may well have occurred.  Certainly, the personnel actions taken are justified under the circumstances and under TEDA.

It should be noted that the administration has attempted to follow up on every report of "retaliatory" conduct made by Ms. Stroupe, and that follow-up has been discussed with both Ms. Stroupe and her attorney.  The school district has informed employees that it will not tolerate any retaliation against anyone who files a sexual harassment complaint.  This is made more challenging by the fact that the complaint has been widely reported in the local newspaper.