INTERVIEW: D.A. BRYANT DUNAWAY (On the Overton County Teacher Sexual Harassment Allegations)

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If you follow our Facebook & Twitter pages you’ve probably seen us Hollerin’ about the situation in Overton County, where despite decades of allegations of sexual harassment of students, a teacher named Mark Lee is still allowed to be a teacher – even after a 90-day suspension (which already ended).

The Overton County School Board has been very slow to respond to the situation, and Livingston Academy, where Lee taught, was slow to bring in the authorities.

District Attorney Bryant Dunaway investigated, but wrote a letter to the TBI saying he couldn’t recommend any criminal charges because most of the allegations were about things Lee said, rather than what he did to the girls physically – although one of the brave girls who spoke out says he did rub his head on her stomach in the back of class one day while telling the rest of the class to look forward.

He also says the statute of limitations had run out because of how slow the school itself and the school board were in reporting it.

It’s worth noting that of the 3 girls who came forward, only one reported it during the time that Mark Lee’s cousin has been the principal.

Yes, you heard that right. Oh, and did we mention that director of schools, who has the power to fire him, is married to a former student of his?

Multiple allegations reaching back decades. Yet they let Mark Lee keep teaching, and were planning to send him to an elementary school until y’all hollered loud enough to help stop that.

But, he’s still a teacher. For now.

The case is closed, but the mothers and daughters are speaking up, the community is starting to push back, so we decided to reach out to District Attorney Bryant Dunaway to ask him about the way he handled the situation, and what can be done.

Below is that conversation.

If you agree Lee should be fired at the very least, contact the Overton County School Board HERE: 931-823-1287

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HOLLER:  We wanted to ask a few questions about the situation with The teacher Mark Lee. Can you tell us a little bit about what your process was in terms of looking into the allegations?

DUNAWAY:  Well that’s been publicly known already – I had the Tennessee Bureau of Investigation conduct an investigation. That was the process. With that in mind, I only deal with criminal matters… to see if any crime had been committed. So I asked that the investigation be done and it was.

HOLLER:  So did they interview the girls?

DUNAWAY:  They did talk with the girls, yes.

HOLLER:  And what was their finding? Did they make any sort of judgment on the believability of the allegations or accusations? 

DUNAWAY:  I can send you a copy of the letter… (he sent to TBI)

HOLLER:  We saw the letter.

DUNAWAY:  That’s really the conclusion there, the answers to those questions are in there.

HOLLER:  I guess what I’m trying to get at is he’s still teaching and people understandably have concerns.

DUNAWAY:  I tried to articulate in my letter (to the TBI) – see, I’m a criminal prosecutor. I looked at the situation to see if a crime had been committed or if there was a crime that could be prosecuted. It wouldn’t be proper for me to speak whether he’s violated any school policy or should be a teacher. I mean, I wouldn’t want my daughter in his classroom, that’s for sure. But the school board – it’s up to them to take disciplinary action or to decide whether to keep him employed or not. Really, the purpose of the TBI investigation was to determine whether there was a prosecutable crime, and that’s a very different inquiry than other types of things. 

HOLLER:  Is there anything that can be done to open it back up?

DUNAWAY:  Well it’s been investigated, why would it be opened back up? 

HOLLER:  If there were new accusations.

DUNAWAY:  I said that in my letter too, if there is new evidence or new information I always consider that. Of course I look at things through the lens of – is there a crime, or whether there’s a crime that’s been committed and is it able to be prosecuted. Whether or not he is a teacher or should be a teacher, you know there’s a lot of things about that whole situation that I’m disappointed with. It’s disappointing to me that the school administration as well as the local attorneys who brought this to light admitted they knew about these allegations since 2017 and didn’t report it to law enforcement or my office. It would have been nice to have had a timely report.

HOLLER:  So that was the principal or that was the school board?

DUNAWAY:  That was the school administration. I didn’t speak to the school board. But no complaints have been made to the school since 2017. The attorney says that he was receiving complaints as early as 2017, and nothing was reported to law enforcement or to my office.

HOLLER:  Do you think that could have anything to do with the fact that the principal is his cousin?

DUNAWAY:  I can’t speak to that, I can only speculate. He hasn’t always been the principal. He wasn’t the principal in 2017 when the initial reports from the one young lady were made. There was a different principal then.

HOLLER:  Is there any criminal recourse they could take to keep him out of the education system?

DUNAWAY:  Not criminally. I did do an investigation like I already said. I had to evaluate and see if a crime had been committed, and as I said in my letter. Based upon the evidence the primary complaint of all the girls was that he used inappropriate language toward them. There was only one allegation made that there was any physical touching at all, and that was claiming that he rubbed his head on her stomach over a desk and that’s it. There’s no allegation made by anybody of sexual contact or anything like that it’s all. He makes inappropriate comments, so that in and of itself is not a crime. It’s inappropriate, it shouldn’t be done. You see what I’m saying? In my personal opinion he shouldn’t be a teacher. But is that a crime? No. As I said in my letter, that the closest thing you could come to would maybe be harassment, which is a misdemeanor,  misdemeanor assault. Which you know, because of the delayed reporting, the statute of limitations has run on those.

HOLLER:  So the statute of limitations has run out on those crimes? That seems like a short period of time.

DUNAWAY:  It’s a year. One year on a misdemeanor. And so the complaints from 2017 have clearly run, and the 2019 ones were done early in the school year if I remember right.

HOLLER:  Even on a minor?

DUNAWAY:  Yes. There’s not much proof, the only proof you have of the head touching the stomach is the young lady’s statement. Do I believe her? Yes. He denies it, there are no witnesses to it. So the proof is not the strongest in the world, but that’s the best you got. Now everybody is up in arms about it, and I don’t blame them. It is very inappropriate talk with students like that.

HOLLER:  Which was corroborated by a lot of different people.

DUNAWAY:  Which I believe happened too, 100%. But it’s not a crime. It’s terrible, it’s inappropriate, but it’s not a crime that I can prosecute. Just making verbal sexual related jokes and off-color jokes like that. So that’s the situation. And I’m only speaking to the criminal aspect of it. Whether he’s inappropriate or not, the school board has got to make a decision on that.

HOLLER:  Hopefully they’re realizing they have to do more than they’ve done. A few days ago they were going to assign him to an elementary school but they’re reconsidering that from what we understand.

DUNAWAY:  So one of the things that you saw in my letter is that we uncovered and took a statement from a now adult who said she was a student back in 2003. Her complaint was that he made the same type of inappropriate comments. Still no allegation to physical or sexual contact, but just making inappropriate innuendos.

HOLLER:  Well it seems like everybody would feel a little bit better if they knew that he wasn’t going to be in the classroom anymore.

DUNAWAY:  I agree there, I don’t disagree with that at all.

HOLLER:  Appreciate you talking to us.

DUNAWAY:  Anytime, you’re welcome.

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  1. Tonya Mitchell
    Tonya Mitchell says:

    I would like to add that the incident in 2017 was reported to the police. I have signed affidavits in my posession signed by a police officers child as well as the officer. The officer reported this to our police chief Greg Ethridge in 2017 and his response was I will have to get back with you. I recently asked for a meeting with the chief of police Greg Ethridge and county sheriff John Garrett and they both responded with they knew nothing and they had been advised not to meet with me! Tell me there’s nothing criminal in that?