Ex-deputy warden* fired in '13 for handling of sexual harassment complaint is rehired

A former deputy warden who was fired about three years ago for his handling of a sexual harassment complaint was rehired recently after the prison system director gave the OK, according to documentation obtained through the Arkansas Freedom of Information Act.

Thomas Hurst -- who was the deputy warden at the state Department of Correction's Wrightsville Unit when he was terminated in 2013 -- was hired on Jan. 17 as the deputy warden of the Ouachita River Correctional Unit in Malvern. With a salary of $54,999.98, Hurst took a pay cut from his previous salary of $73,397.79.

The hiring comes at a time when the federal government is investigating the state prison system over multiple allegations of sexual misconduct by employees.

Hurst declined a request made through prison spokesman Cathy Frye to comment on his recent rehiring.

Board of Correction Chairman Benny Magness said he was not aware that Hurst had been rehired, but he declined to comment on the matter. The board is not typically involved in the prison hiring process.

Hurst was hired after going through a vetting process that included an interview by the prison's three-person hiring panel. After the panel recommended that Hurst be hired, Correction Department Director Wendy Kelley signed off on the decision.

"He had a lot of years of service to the state without any problems," Kelley said. "That particular incident resulted in lots of people leaving the agency. He was probably the least culpable. He didn't try to hide what happened. He has assured me that there will not be a repeat, that he will follow through."

In 2013, Kelley -- who was then deputy director of medical services -- was a member of a panel of four who interviewed Hurst and other employees regarding a sexual harassment complaint by a female correctional officer, according to the documents.

In a July 30, 2015, letter to Hurst, Kelley's executive assistant, Jada Lawrence, said Kelley approved Hurst's request to be able to apply for the deputy warden position after "careful consideration" and that "just because Ms. Kelley states you may apply for a job, it does not guarantee you will be hired back."

Hurst was among five employees who either resigned or were fired after the investigation, which showed that several high-ranking staff members had not followed policy in responding to the female officer's allegations. Wrightsville Warden Greg Harmon and Maj. Gary Burton resigned, while Hurst and Capt. Larry Ragland were fired, along with Randy Calkins, the lieutenant accused of sexually harassing the officer.

A March 27, 2013, termination letter from Grant Harris, who was the assistant director of institutions at the time, said it was evident at the end of his panel testimony that Hurst "failed to properly investigate" the female officer's "allegations of sexual harassment, as required by ADC policy."

According to documents, Hurst was made aware of the female officer's complaint on May 13, 2011, but did not submit a report to the proper authorities until June 9, 2011. The termination letter said that Hurst failed to obtain written statements from the accused, failed to inform internal affairs, and failed to follow instructions to investigate. Hurst only obtained a report from the female officer, the letter said, and he did not go forward with an investigation after telling the female officer he would do so even if she chose to withdraw her allegations.

"You failed or refused to conduct an investigation as mandated by policy," Harris said in the letter. "You also admitted you did not follow established policy by taking the necessary steps to ensure" that the officer would not face retaliation.

The letter noted Hurst's experience. He was first hired by the Arkansas prison system in 1981 as a correctional officer. His personnel file shows he was promoted numerous times and given commendations through 32 years of service until his termination in 2013.

"You are familiar with our policies and procedure," the termination letter said. "Your failure to investigate ... harassment allegations as required by policy is a significant breach of your duties and it has exposed this agency to unnecessary potential liability."

Within months of Hurst's termination, Lt. Ronald Scott resigned after several inmates at the Hawkins Unit -- which is part of the Wrightsville complex -- accused him of engaging them in sexual activities.

In September 2014, former prison chaplain Kenneth Dewitt was "offered the opportunity to resign" after a former inmate at the McPherson Unit in Newport wrote the department saying that "Chaplain Dewitt and I had a moral failure." Smith was paroled in 2004, but continued to work with Kenneth Dewitt as a volunteer, then as a chaplain for several years. Because Dewitt was her supervisor, the affair was against prison policy.

Subsequently, three female inmates stepped forward with sexual-assault allegations against him.

Dewitt was charged in December with 50 counts of sexual assault involving the three female inmates. He was released on $30,000 bond, which was revoked two weeks later after his wife accused him of domestic abuse.

In June, the U.S. Justice Department began an investigation into allegations of sexual abuse and sexual harassment, as well as mistreatment of transgender women at the McPherson Unit.

The federal agency received "numerous allegations" concerning multiple McPherson Unit staff members engaging in intercourse and other sexual acts with prisoners, according to a Justice Department news release. Other allegations included exchanging commissary money for sexual favors; inappropriately watching prisoners while they showered or changed clothes; and staff members taking photos or video for "reasons unrelated to correctional goals."

The investigation is ongoing.

Less than a month after the Justice Department announced the investigation, the Arkansas Democrat-Gazette obtained a letter from Arkansas Gov. Asa Hutchinson to the Justice Department saying that the state could not comply with the national Prison Rape Elimination Act.

Arkansas is one of five states -- the others are Alaska, Arizona, Idaho and Utah -- that declined to offer the certification or an assurance of compliance with the national act.

Kelley said at the time that she had urged Hutchinson to decline to offer the Prison Rape Elimination Act certification or assurance because coming into full compliance would be nearly impossible and would compromise staff advancement opportunities.

The prison system continues to offer Prison Rape Elimination Act training to prison employees and has implemented and updated policies to prevent sexual violence between inmates, and between staff and inmates, Kelley said previously.

A Section on 02/02/2016

*CORRECTION: Thomas Hurst, rehired Jan. 17 by the state Department of Correction as a deputy warden at the Ouachita River Correctional Unit in Malvern, was a deputy warden at the Wrightsville Unit when he was terminated in 2013. His title was incorrect in an earlier headline.

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