Shumaker Won't Face Criminal Charges in Tenn.

Shumaker Won't Face Criminal Charges in Tenn.

January 20, 2004

KNOXVILLE (WATE) -- After a three-month investigation, former UT President John Shumaker won't face criminal charges in Tennessee.

Knox County District Attorney General Randy Nichols released the findings of the investigation Tuesday morning.

Four state statutes were considered by Tennessee Bureau of Investigation (TBI) agents: cooperation of state agencies, official misconduct, destruction of and tampering with governmental records and tampering with or fabricating evidence.

The agents reviewed a special report from state Comptroller John Morgan, UT's internal audit, travel logs, Shumaker's daily calendars and TBI interviews.

The report by the state comptroller's office in October 2003 found that Shumaker made several "misrepresentations" to auditors about his travel expenditures. It also said he instructed his secretary to alter his calendar in an attempt to hide what he'd done.

However, Nichols reports that Shumaker never returned to his UT office after his resignation. His belongings were packed by university workers under an auditor's supervision.

Nichols also said that Shumaker's secretary "cooperated completely" answering questions about his calendars. She packed boxes dealing with Shumaker's calendars and the department of audits took them, turning them over for the state audit.

According to Nichols, UT auditor Mark Paganelli said Shumaker was very cooperative with his department during the investigation.

"We cannot determine that Shumaker intentionally or knowingly violated any law relating to his employment," Nichols reports.

While Shumaker was less than forthcoming during initial questioning, the truth was determined and "restitution was made for inappropriate travel reimbursements." Shumaker reimbursed UT in August 2003 with a $25,000 check for questionable flights on the school plane.

In Nashville, state Comptroller John Morgan says he's confident Nichols investigated the allegations thoroughly.

Shumaker's attorney, Wade Davies, responded Tuesday saying, "The facts and evidence showed the district attorney exactly what we've been saying. That there was nothing sinister about Dr.Shumaker's calendars or anything else."

Davies went on to say, "The findings today will help him get his life back on track and would hope that it allows him to rebuild his professional reputation and move forward."

"I'm very hopeful that this will put an end to it," UT Trustee Susan Williams told 6 News. "Had there been criminal proceedings, we would've had to endure it for several more months, even years. Frankly, I think it's better for the university if we go forward."

"I'm sure Dr. Shumaker would have liked to see his name cleared," Williams added. "And in some manner this does. But I think there's still lingering repercussions at the university that will be there for a while."

Wade Davies asked those who've formed negative opinions of Shumaker to reconsider.

Dr. Shumaker resigned August 8, 2003 amid questions over his spending and ethics practices.

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6 News Reporter Steve Gehlbach contributed to this report.