Mark Lovell violated legislative sexual harassment policy, state investigation finds
An investigation by a special Tennessee House committee determined former lawmaker Mark Lovell violated the legislature's new sexual harassment policy, according to information obtained by The USA TODAY NETWORK - Tennessee.
Although the specific accusations against Lovell are not included in the public investigative memo, the release confirms a probe did take place and the committee found Lovell guilty.
"Based upon the completed staff investigation, which included interviews with all parties, the Ethics Subcommittee finds that Representative Lovell violated the policy," states the memo dated Friday and included in Lovell's personnel file.
"Mr. Lovell resigned his seat as a member of the House of Representatives," the memo reads. "Mr. Lovell has been advised to avoid all contact with the complainant and other parties involved in this complaint."
Lovell, 58, announced his resignation from the House of Representatives on Tuesday, a day after The USA TODAY NETWORK - Tennessee began asking questions about allegations he recently engaged in “inappropriate touching” of a woman last week. Lovell said the accusations are "100 percent false," but he wanted to return to his family and business in the Memphis area.
On Friday, Lovell apologized through a spokeswoman while denying any misconduct.
"Mr. Lovell is distressed by these findings, as he still stands by his statement of no wrongdoings. However, he sincerely apologizes for any actions that may have been misconstrued as harassment," said Valerie Morris, president of Memphis-based Morris Marketing Group who Lovell hired after his resignation.
House Ethics Committee Chairman Steve McDaniel, R-Parkers Crossroads, confirmed in a statement Friday the special House subcommittee did meet and determined Lovell violated the policy. It is not immediately clear when the committee met.
Because he resigned, McDaniel said they could not level any punishment.
In a statement, House Speaker Beth Harwell thanked the committee for its work and hailed the state's new sexual harassment policy.
"This finding shows that the system works. The policy put in place last year clearly defined a framework for victims to report violations and have those violations investigated professionally while protecting the victims," Harwell said in the statement via email.
"The identity of the victim was protected, which will always be a priority. We will conduct a review of the policy in a year to determine whether any improvements can be made. It is important to me and all legislative leadership that we provide everyone with a safe environment in which excellent work can be accomplished for the state of Tennessee," she said.
The one-page memo states no additional information about when the Lovell complaint will be released.
The rapid culmination of the Lovell investigation marks a stark contrast to the months-long saga surrounding Jeremy Durham and accusations of inappropriate sexual contact with at least 22 women.
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The release of the Lovell information is a reversal of course for House leadership. After Lovell's departure, Harwell said any investigation that may have been ongoing into his conduct would stop, because the legislature doesn't have the "jurisdiction" to look into someone who no longer works there.
Although Harwell and House ethics attorney Doug Himes said an employee's departure meant that person was no longer covered by the new sexual harassment policy, they could not point to anything in the policy or law that prevented them from continuing an investigation when the policy covered the alleged perpetrator at the time of the incident.
That is different than the policy that covers employees who work for the executive branch of Tennessee government. The Tennessee Department of Human Resources continues investigations regardless of whether the subject of a complaint has resigned, department spokeswoman Ashley Fuqua said Friday morning.
Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29. Reach Dave Boucher at dboucher@tennessean.com or 615-259-8892 and on Twitter @Dave_Boucher1.