Mr. Shelton’s former supervisor, Cpl. Rebecca Tolbert, who is black,
admitted on the witness stand that “black people don’t like white
people.”A Hamilton County jury has awarded $300,000 to a white former UTC
police officer who claims he was fired after complaining about reverse
racism and a culture of protecting black employees that exists in the
school’s police department.
According to testimony from the four-day trial in which Sean Shelton
sought about $28,000 in back pay, the former officer said the
University of Tennessee at Chattanooga fired him in 2004 for
complaining about a “hostile” work environment in which black
colleagues and supervisors harassed him and accused him of being
racist. At the same time, they called him derogatory names associated
with white people such as “honky” and “redneck,” he said.
“This (lawsuit) was all to clear his name,” said Mr. Shelton’s wife, Jennifer Shelton, who wept while the jury read the verdict.
UTC Chancellor of Finance and Operations Richard Brown said the university will consider appealing the case.
“All the allegations are unsubstantiated,” Dr. Brown said. “There is no discrimination of any kind within the UTC police force.”
Mr. Shelton’s former supervisor, Cpl. Rebecca Tolbert, who is black,
admitted on the witness stand that “black people don’t like white
people.”
Ms. Tolbert also testified that she at one time threatened to kill
Mr. Shelton, but justified the remark because she said she was scared
of him. In an effort to smear his name, Ms. Tolbert admitted to telling
people the former officer was a “psycho” and a “misogynist.”
She also testified to deliberately trying to scare a private citizen
by telling the person that she expected Mr. Shelton to “rape somebody.”
When Mr. Shelton complained to his two white supervisors, however, they seemed to indicate that their hands were tied.
“It’s like I told you, Sean. You’re not a protected class of
citizen,” Paul Dodds, the former UTC head sergeant, told Mr. Shelton
during a recorded conversation played for the jury. “Wake up, face it.
They can call us whatever they want, OK? We’re not protected, they are.”
Several jurors said the evidence made it clear that the school’s
police department has a “serious problem” when it comes to race issues.
“The judgment was our way of making a statement and bringing about
change from the leadership down,” said the jury forewoman, who did not
want her name printed because she was afraid of retaliation. “No class
of citizen should be protected over another class of citizen. Not in
this day and time.”
Jurors said they based their decision partly on the fact that Dr.
Brown, who is black, did not appear in court to address testimony from
the former university police chief that Dr. Brown “micromanages” the
police force and tends to make decisions that favor black people.
Because the university chose not to call Dr. Brown as a witness,
Chancellor Howell Peoples said the jury could, under state law, assume
his testimony might have been unfavorable to the university’s case.
“For him not to show up and represent the university ... that
weighed heavily on our decision,” one juror said. That juror, like the
forewoman and every other panelist, did not want his name printed for
fear of backlash.
Dr. Brown said Wednesday that he gladly would have testified, and he
noted that the UTC police chief is the one who makes personnel
decisions within the department.
Attorneys for UTC had said Mr. Shelton lost his job after improperly
turning on his blue lights and pursuing a man in North Georgia while he
was off duty. Mr. Shelton showed “gross misconduct,” they said, arguing
that race played no part in his firing.
Mr. Shelton’s lawyers pointed out that he never received a warning
or any disciplinary action for his conduct at work. Instead, they
claim, UTC fired him without an internal audit of the incident in
Georgia because Mr. Shelton had a history of complaining about the
reverse racism issues.
Another former UTC police officer, Abner Miranda, has a similar
lawsuit pending in which the same allegations of reverse discrimination
are made.
Mr. Shelton’s lawyer, Harry Burnette, said they are “thrilled” with the jury’s decision.
“I’m just amazed that, in this day and age, reverse discrimination
exists, and I am befuddled that discrimination exists at all. The
reality is, it still does,” Mr. Burnette said.
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