A contractual dispute between a fired professor and Piedmont College has resulted in allegations of sexual misconduct against the school’s president.
Piedmont College biology professor and Demorest Mayor Rick Austin claims in a four page, sworn affidavit that Piedmont College President Dr. James Mellichamp sexually harassed and assaulted him.
The affidavit was filed on March 13 in Habersham County Superior Court. It’s part of a lawsuit filed by Austin’s former colleague, biology professor Dr. Robert Wainberg.
Wainberg was let go from Piedmont College for allegedly sexually harassing a student. At the time of his dismissal, the tenured professor had worked at the college for thirty years. Wainberg claims he never sexually harassed anyone. He claims the administration terminated him on a trumped up charge from a disgruntled student in retaliation for his standing up to the administration over alleged corruption and bullying.
Wainberg filed a lawsuit for breach of contract in August 2018. His attorney, Julie Oinonen of Williams Oinonen in Atlanta, contends it was Dr. Mellichamp, not her client, who engaged in sexual misconduct. In the lawsuit, she refers to the Title 9 claim against Wainberg as “an outrageous example of what is colloquially called ‘the pot calling the kettle black.’ ”
Austin contends Dr. Mellichamp’s alleged conduct is “reflective that his reasons for terminating Dr. Wainberg are not true reasons.”
In his sworn affidavit, Austin states, “Over the years, I have received unsolicited emails and/or statements that Dr. Mellicahmp has made towards me that are sexual in nature.” He claims the alleged emails included “either sexual innuendo, sexual overture or were inappropriate in nature.”
Austin further claims that when Mellichamp was Piedmont’s Vice President for Academic Affairs, Mellichamp grabbed his buttocks and commented, “Oooh you’re in shorts today.” Austin says a secretary witnessed the incident. He says he complained to then- Piedmont president Dr. Danny Hollingsworth, but no one followed up on his complaint.
Austin further alleges, among other things, that Mellichamp inappropriately touched a female student’s rear end and covered up a complaint of sexual harassment against a member of his administrative staff.
Now Habersham reached out to Dr. Mellichamp and college attorney Barbara Marschalk of Drew Eckl & Farnham LLP of Atlanta to give them an opportunity to address the allegations. They did not respond to our requests for comment.
On March 28, the judge denied a Defense motion to remove Austin’s affidavit from the public record. Defense attorneys argue his claims are irrelevant to the case. Chief Superior Court Judge Russell Smith denied their request. He ruled the motion did not meet the legal standard required to limit access to court files. Judge Smith, did however, partially agree with the Defense on the point of relevance. He limited the scope of discovery in the case to include only those sexual harassment claims that were reported so that attorneys may determine how the college handled the claims. Judge Smith ruled that underlying facts and unreported claims are not relevant.
Wainberg is seeking damages and compensation for lost income and attorney fees.
The judge has scheduled a pre-trial hearing on the case for June 13 in Habersham County Superior Court.
