Alexander C. Wells, Petitioner/appellee v. Tennessee Board of Regents, Tennessee State University, and Dr. James…

Summary

The Tennessee Supreme Court affirmed the Chancery Court's reversal of the Tennessee Board of Regents' termination of tenured Tennessee State University biology professor Dr. Alexander Wells for 'capricious disregard of accepted standards of professional conduct' under Tenn. Code Ann. Sec. 49-8-302(5), following sexual-harassment allegations by a former student. Although the Court identified two legal errors by the Chancellor -- wrongly excluding former department secretary Jackie Jones's harassment testimony and wrongly requiring prior notice of misconduct before 'capricious disregard' could be found -- it held the evidence did not preponderate against the Chancellor's finding that the charge was not proven by clear and convincing evidence. The Court clarified that Sec. 49-8-302(5) reaches faculty misconduct toward staff, colleagues, and superiors as well as students, and that due process is satisfied where the cumulative process, including de novo chancery review, allows the employee to marshal a defense.