UPDATE: Hamilton County Schools have responded to the federal lawsuit filed by three former Ooltewah High School employees.
"Immediately following the incident in Gatlinburg, HCDE’s Central Office worked to learn what had happened in the cabin and how OHS coaches had responded to the situation. HCDE spoke to these coaches but also relied heavily on reports from the Gatlinburg Police Department and the Sevier County District Attorney’s Office. The administration concluded that HCDE’s employees had acted appropriately.
Weeks later, however, the Hamilton County District Attorney’s Office reported conflicting information and even charged three OHS coaches with having failed to report child sexual abuse in violation of Tennessee law. Although this information was vastly different from what HCDE had learned from law enforcement officials in Sevier County, the HCDE administration followed Tennessee law and suspended these employees pending our DA’s investigation.
While HCDE understands the turmoil that these Plaintiffs have endured, their Complaint blames HCDE for having been stuck in the middle between two district attorneys’ offices. HCDE simply followed the law and Board policy by suspending Nayadley and Montgomery when they were charged. When Nayadley’s charges were dismissed, HCDE then restored his back pay. Montgomery has not received back pay because he is still under investigation by DCS.
Regarding Jarvis’ transfer at the end of the 2015-2016 school year, HCDE does not comment on personnel matters except to say that the administration’s decisions are based upon legitimate, non-discriminatory considerations."
ORIGINAL STORY: Three former Ooltewah High School employees have filed a federal lawsuit alleging that they were treated badly by the Hamilton County Board of Education following the 2015 sexual assault of a student.
The plaintiffs in the suit are former principal James Jarvis, former athletic director Allard "Jesse" Nayadley and former OSH coach Andre Montgomery.
The complaint names the Hamilton County Board of Education, Tennessee's Department of Children's Services and the Hamilton County District Attorney's Office DA Neal Pinkston.
The three men filed the lawsuit along with their respective wives.
Additionally, former HCBOE Superintendent Rick Smith, was not named in the lawsuit. But several references to Smith and his management style were called into question in the lawsuit.
Smith's timeframe for reporting the sexual assault to the School Board was also called into question in the lawsuit.
The men are seeking damages in excess of $250,000 each for the "emotional trauma and suffering and humiliation" from being arrested, booked and detained during the case.
DA Pinkston's handling of the case came under fire in the lawsuit, which accused him of not upholding his duty of protecting the innocent.
