McPhee Case Sent Back to Lower Court

The Tennessee Supreme Court is sending a sexual harassment case against the state back to a lower court.

The case centers on accusations that Middle Tennessee State University President Sidney McPhee inappropriately flirted with and touched an employee. The Supreme Court agreed with the earlier judgement that the employee did not suffer from discrimination or retaliation. But it did find problems with the sexual harassment policy in place at the time of the complaint. That policy, set by the Tennessee Board of Regents, made the university president the final arbiter of all harassment claims. For that reason, the ruling says it would have been reasonable for the woman to fear that filing a complaint “would have been futile or counterproductive or would have resulted in retaliation.”

The Board of Regents did hold its own investigation into the complaint, resulting in disciplinary action against McPhee. The TBR also changed its harassment policy.

Now, if an employee has a complaint against an institution’s president, the case goes directly to the Board of Regent’s Office of General Counsel.