Former employee files suit against Shorter
The former Assistant Director of Campus Safety filed suit alleging “discrimination and retaliation” in his termination.
Attorneys representing the former assistant director of campus safety at Shorter University have filed a lawsuit seeking monetary damages from the university for its alleged “discrimination and retaliation” in firing him late last year.
The civil lawsuit on behalf of James Hall, a 17-year Shorter employee, was filed in Floyd County Superior Court earlier this month. The suit follows Hall’s attorney Jason Sanker’s request for the right to sue from the U.S. Equal Employment Opportunity Commission, which approved the request Aug. 17, more than 180 days after the charge was filed with their office. According to the lawsuit: Hall had been tasked with investigating allegations of sexual battery brought by then-Director of Campus Safety Paula Penson against then-Vice President of Student Affairs Corey Humphries. The allegations from Penson concerned “inappropriate and unwelcome sexual advances” by Humphries, as well as his making a hostile work environment after the incident.
Penson had reported Humphries’ actions to the university’s human resources department on Oct. 17, 2017, and then filed a written complaint with the department several days later.
In early November 2017, Hall met with Shorter President Donald Dowless to share the findings of his investigation. In that meeting, Hall shared “various text messages and pictures corroborating Mrs. Penson’s allegations regarding Mr. Humphries,” the lawsuit stated.
In response to what Hall shared, Dowless asked him “how can we make this go away?” according to the lawsuit.
Humphries stayed in his position up until he resigned on Nov. 8, 2017, “after reports of the sexual battery and harassment were made public via a (Rome) police report filed by Paula Penson,” the lawsuit stated.
“It is clear that (Hall) was the victim of retaliation for having reported Mr. Humphries’ behavior to (Shorter),” the lawsuit stated.
On Dec. 13, Hall received notice of his termination along with a letter from Lance Moore, the director of auxiliary services, that he was fired for “disclosing confidential information to a local news agency.” The letter came the day after a story in the Rome News-Tribune quoted Hall concerning his investigation and the inconsistent actions from the university in responding to allegations against Humphries and a complaint against former cheerleading coach Chad Reid.
Reid was put on administrative leave and eventually fired though an investigation by campus safety found the sexual harassment complaint against him lacked any evidence to support it. Humphries was never put on administrative leave when the allegations from Penson came out — the conflict investigator found he did violate the university’s policy “against inappropriate touching” and “would have been subject to disciplinary action” if he had still been employed there, according to documents provided to the newspaper.
The lawsuit disputes the university’s claim in terminating Hall that he disclosed confidential information and violated its “zero-tolerance policy” in the article. It stated Hall did not release any information about student conduct in the article, and he did not provide “near the level of detail that Paula Penson did in her interview with Channel 2 News,” which aired in October 2017.
“Despite her interview with Channel 2 News and other media outlets, Ms. Penson remained employed by (Shorter) thereafter despite (Shorter’s) so-called ‘zero-tolerance policy’ regarding sharing confidential information with news agencies,” the lawsuit stated.
Penson was fired two months later, for “insubordination and failure to follow university policy,” according to her termination letter. She now works at the Floyd County Sheriff’s Office.
The lawsuit alleges Hall “was intentionally and maliciously discriminated against on the basis of his race and/or gender,” and retaliated against, violating his protections under the Civil Rights Act.
In seeking comment from Shorter concerning the lawsuit, spokeswoman Dawn Tolbert said: “It is the University’s policy not to comment on personnel matters.”