Complaint: Bartow Super Allegedly "Dishonest" About Finances, Failed To Probe Sexual Harassment Claims

Photo: Dr. John Harper, Bartow County schools superintendent. Credit: Bartow County School System

While the Georgia Professional Standards Commission is not able to divulge the specifics of a decision rendered against Bartow County Schools Superintendent Dr. John Harper and former Principal Donald Rucker, the resident who filed the original complaint talked with Cartersville Patch about Thursday’s decisions.

Former Bartow County School Board member Matt Shultz, who in April 2014 filed a complaint against Dr. Harper and Rucker, confirmed the Commission on Thursday voted to recommend revocation of the professional licenses of the superintendent and administrator.

The recommendation came after the commission’s Educator Ethics Review Committee’s decision to revoke both educators’ licenses.

Complaints were also lodged against Bartow County School Board Chair Dr. Davis Nelson and Bartow Schools Human Resources Executive Director Macy Defnall, but the committee ruled those charges did not have probable cause, Shultz added.

Shultz, who attended Thursday’s meeting, told Patch he did not see anyone from the school system in attendance.

Shultz filed the allegations with the Commission against Dr. Harper and Rucker, the former principal of South Central Middle School. The accusations were spelled out in letter dated May 9, 2014, from the commission to Bartow County School Board’s vice chair, notifying the system of its plans to investigate the case:

It is alleged that the educator (Harper) has been dishonest regarding meetings of the BOE where finances were discussed. It is alleged that the educator has falsified documents by back dating an agreement for use of school facilities by a private business. It is alleged that the educator failed to investigate, report or take action regarding complaints of sexual harassment made by school system staff members pertaining to a school system principal. It is alleged that the educator has engaged in sexual harassment of school system staff members. It is alleged that the educator conspired with others to withhold information from members of the local board of education.

Shultz, who ran in the Republican Party’s 2014 primary for the state schools superintendent race, said he grew concerned when he began to hear ”rumblings” of sexual harassment complaints that started in 2011 and peaked in 2012.

Shultz said he and fellow board member Fred Kittle began to look into the allegations, but said Dr. Harper, Nelson and other board members “purposefully kept information from us.”

In late 2013, they eventually filed an Open Records request, which “did indeed show that there were sexual harassment allegations for a couple of different individuals that had never been properly investigated per our policy within the school system,” the former board member said.

That propelled Shultz to file the complaint with the state commission against Dr. Harper and Rucker. The former school board member said the superintendent and Rucker can either accept the ruling, appeal the decision or they can negotiate for a reduced sanction.

Paul Shaw, director of GaPSC’s Ethics Division, said once the commission makes its decision, the educator is notified in a letter of what the action entailed. Once an educator receives the letter, he or she has 30 days to act on whether they will agree, negotiate or appeal.

If an educator decides to appeal, he or she will requests an administrative hearing with the Georgia Attorney General’s Office, who will assign an administrative law judge to the case. If the revocation stands, Shaw noted Dr. Harper would have to resign his post, as the state requires a professional license to serve in that role.

Georgia code section 20-2-101(b)(1) states “no person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission.”

“Remember, in the United States, you are innocent until proven guilty,” he said, adding an educator’s certificate would remain in good standing throughout the appeal process.

Patch has reached out to Dr. Harper and the school system for comment, but has not heard back.

While the commission has reviewed the case and “determined there are some problems” in the school system, Shultz said the ruling is just one piece of the puzzle. The Bartow County School Board on Monday, Jan. 12 will hold its first meeting of 2015 and will vote on who will serve as board chair during the calendar year.

“If the community wants to take these people seriously, then the board needs to send the message that they are going to try and go in a new direction,” he said, adding he hopes the board will bypass selecting Dr. Nelson to serve as its chair.

He also said the issues could have been avoided if Dr. Harper and Dr. Nelson would have followed proper protocol and the system’s policies.

“It’s taken an outside entity to take on the responsibility and do the things the local school board should have done on their own,” he added.

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