State of Tennessee

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STATE OF TENNESSEE

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DEPARTMENT OF CORRECTION

Crossville Office

INTERNAL AFFAIRS

53 N. Main Street. Suite 106

3004 Grevstone Sauare

Crossville. TN 38555

"Jackson. TN 38305

Telephone 19311707.0024

Telephone 17311661-6284

FAX 19311707·5242

FAX (7311661-6288

100 BOMAR BOULEVARD
NASHVILLE, TENNESSEE 37209-1100

Jackson Office

TELEPHONE (615) 741-7144
FAX (615) 741-0758

REPORT OF INVESTIGATION
CASE NUMBER:

SUB-10-017

SUBJECT(s):

MITCHEL W. TIDWELL· TIDWMI01

LOCATION:

CHARLES BASS CORRECTIONAL COMPLEX
7177 COCKRILL BEND BLVD
NASHVILLE, TN 37243·0470

INVESTIGATING AGENT:

DONNA CLARK

ALLEGATION(s):

It is alleged Psychiatric Social Worker Heather Lang was subjected to
Work Place Harassment by Psychological Examiner II Mitchell Tidwell.

VIOLATION(s):

None

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BACKGROUND INFORMATION:
The Charles Bass Correctional Comlplex - Annex (CBCX), formerly known as the Middle Tennessee
Correctional Complex - Annex, formerly known as the Nashville Community Service Center, is
located in Nashville, Davidson County, Tennessee. It was opened at its current location on 7466
centennial Boulevard, Extended in 1946. The Annex has a minimum-security designation. The
operating capacity of the facility, both Main and Annex Compounds combined, is one thousand
ninety-nine (1,099) inmates.
The Mental Health Team consists of a Unit Manager and support staff, to include Counselor(s), Inmate
Relations Coordinator, and Correctional Clerical Officer. The Counselor is the primary liaison for
inmates.
The Unit Manager is responsible for the overal operation of all phoases of the unit and supervises the
support staff.

HISTORY OF SUBJECTS(s):
Heather Lang is a 36-year old white female
who has been
employed with the TDOC for approximately 2 years. During the time period of the alleged
harassment, she was the Psychiatric Social Worker assigned to the CBCX and was under the direct
supervision of Mitchell Tidwell, Psychological Examiner II.
Mitchell Tidwell is a 56-year old white male
who has been
employed with the TDOC for approximately 11 years. He is the Psychological Examiner 1\ and serves
as the Mental Health Administrator for the CBCX.
who is
Inmate Jimmy Young, #080006, is a 52-year old black male
serving a Life sentence for 1978 convictions in Shelby County for one (1) count of Murder Perpetration
of Robbery and one (1) count of Robbery· Armed with a Deadly Weapon. He is a repeat offender and
has a 1976 conviction in Shelby County for Petit Larceny. At the time of the incident, he was housed
at the CBCX.

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SUMMARY OF INVESTIGATION
This investigation was authorized by Commissioner Gayle Rayon March 06, 2010. Information
received alleged, in part, sexual harassment by her supervisor, Mitchell Tidwell, Psychological .
Examiner II. Specifically, Ms. Lang felt harassed by Mr. Tidwell because he counseled her in
private that her clothing was inappropriate to wear inside a TDOC facility.
After interviewing Ms. Lang, Mr. Tidwell and other witnesses, it is evident her personality conflicts
with and her apparent personal dislike for Mr. Tidwell and his supervisory ability.
Mr. Tidwell was directed by former Warden Flora Holland to take corrective action regarding Ms.
Lang and other subordinate staffs dress attire. No other staff reported this corrective action as
inappropriate. Witnesses provided by Ms. Lang to support her allegation of wrongdoing failed to
do so. For example, Ms. Lang alleged two (2) former CBCX employees transferred to other
facilities and/or departments for being harassed by Mr. Tidwell. To the contrary, these same
individuals failed to support her claims.
Ms. Lang provided multiple copies of e-mails between her and her supervisor(s), which she
purported to be evidence of Workplace Harassment. To the contrary, this investigation has
determined those e-mails .contain no inappropriate content by Mr. Tidwell, yet clearly show Ms.
Lang's inappropriate, confrontational, condescending, and insubordinate attitude toward her
supervisor(s) as well as her blatant refusal to accept and/or complete duties assigned to her.
There is neither evidence nor any witness that supports Ms. Lang's claim that her treatment by Mr.
Tidwell rises to the level of Workplace Harassment. Furthermore, this Agent found no wrongdoing
on the part of Mr. Tidwell in his interaction with Ms. Lang or other subordinate staff.
During her interview with this Agent on April 06, 2010, numerous grievances outlined in her five (5)
page written complaint were addressed, inclUding, but not limited to, appropriate dress attire to be
worn at TDOC facilities, Mr. Tidwell's supervisory ability, and alleged restrictions and guidelines
she had been given pertaining to her treatment of inmate Jimmy Young, #080006.
Other complaints expressed by Ms. Lang in this venue are in now way related to this allegation
and would be more appropriately addressed at the institutional level. However, this investigation
found no evidence to support her additional claims encompassing a variety of alleged
mismanagement practices by Mr. Tidwell and the CBCX administration in general.
On April 12, 2010, Ms. Lang alleged she received a death threat on her institutional vo~cemail at the
CBCX from an unidentified individual. The investigation into the alleged threat found the
following: Ms. Lang received a voicemail on her institutional phone threatening her life on April
Evidence
12,2010. The call was made from a Verizon cellular telephone number
obtained concludes this phone was in the possession and control of inmate Young at the time of
the incident. During interview with Special Agent Joe England, Ms. Lang again complained in
detail of her alleged problems with CBCX officials and alleged she felt the threat was made by
staff, in retaliation for her complaints against TDOC staff. She continued to advocate at length for

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inmate Young.
During interview with Special Agent England, inmate Young admitted he and Ms. Lang were
involved in an "emotional" relationship, wherein he described the relationship as one "closer than
a sexual relationship". Inmate Young admitted he assisted Ms. Lang in her attempt to build a case
for a lawsuit against the State of Tennessee on the premise CBCX officials would not keep her
protected wherein they orchestrated the "death threat" against her. Inmate Young testified they
had begun planning the threat prior to his reassignment to the NWCX. (It should be noted that
between April 10, 2010 and April 14, 2010, records indicate inmate Young's cellular telephone not
only made the threatening call on April 12, 2010, but also made thirty-nine (39) calls to the CBCX).
During the investigation into the alleged threat, evidence and information obtained did not rise to
the level required to support criminal wrongdoing by Ms. Lang regarding her involvement in the
threats reported against her; however, there is sufficient evidence to support administrative
wrongdoing. Specifically, the relationship between Ms. Lang and inmate Yoting, enhanced by her
overwhelming display of interest and advocacy concerning him, is inappropriate and in violation of
TDOC policy. It is further evident that the inappropriate relationship between the two (2), at a
minimum, contributed to the alleged threat made against her on April 12, 2010.
Subsequently, Ms. Lang was issued Administrative Disciplinary Action and her employment with
the TDOC was terminated effective July 23,2010. She was coded as "No Rehire".

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SUMMARY OF TESTIMONY

JIMMY YOUNG
NORTHWEST CORRECTIONAL COMPLEX

Inmate Jimmy Young, #080006, was interviewed by Special Agent Joe England on May 03, 2010
and May 06, 2010. The following information was derived from his sworn taped statement. He
admitted he and Heather Lang were involved in an "emotional" relationship and described this
relationship as "closer than a sexual relationship". He stated he was only trying to assist Ms. Lang
in her attempt to build a case for a lawsuit against the State of Tennessee. He admitted they
discussed and planned the threat against Ms. Lang prior to his transfer to the NWCX.

JENNIFER BOYER

CELL:
Jennifer Boyer was interviewed by Special Agent Christopher Barnard on March 22, 2010. She
was interviewed by this Agent on April 06, 2010, at the Internal Affairs Headquarters in Nashville,
Tennessee. The following information was derived from her sworn taped statement. She stated
she was also counseled on her dress attire by Mitchell Tidwell and did. not find it inappropriate.

FRANCES BUNOSCHU

Frances Bundschu was contacted via telephone on April 06, 2010. The following information was
derived from her statement. She adamantly denied the allegation made by Heather Lang that
she transferred to the TOOT as a result of being harassed'by Mitchell Tidwell. She stated her
reason for transferring was purely financial.

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DESIREE ANDREWS

Desiree Andrews was contacted via telephone on April 06, 2010. The following information was
derived from her statement. She adamantly denied the allegation made by Heather Lang that
she transferred to the RMSI as a result of being harassed by Mitchell Tidwell. She stated her
reason for transferring was purely her desire to work at the RMSI.

HEATHER LANG

Heather Lang was interviewed by Special Agent Christopher Barnard on March 16,2010,
Additionally she requested and received a second meeting with him on March 17, 2010. She was
interviewed by this Agent on April 06, 2010, at the Internal Affairs headquarters in Nashville,
Tennessee. The following information was derived from her sworn taped statement. She alleged
that she was subjected to sexual harassment by her supervisor Mitchell Tidwell and he created a
hostile work environment by interfering with her work performance and placing additional duties
on her. She made numerous allegations of mismanagement practices and Mr. Tidwell's poor
supervisory ability in her five page written complaint.
Additionally, she reported an allegation of receiving "death threat(s)" on her institutional
telephone voice mail messaging system. She was telephonically interviewed by Special Agent
Joe England on May 11, 2010. During the interview into the alleged death threat, she continued to
redirect the interview to her previous allegation wherein she claimed she received restrictions
pertaining to her treatment of inmate Jimmy Young, #080006.

GENELLA C. PHILLIPS

CELL:
Genella Phillips was interviewed by Special Agent christopher Barnard on March 22, 2010. She
was interviewed by this Agent on April 06, 2010, at the Internal Affairs Headquarters in Nashville,
Tennessee. The following information was derived from her sworn taped statement. She stated
she was also counseled on her dress attire by Mitchell Tidwell and did not find it inappropriate.

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SARAH MARLER

Sarah Marler was interviewed by Special Agent Christopher Barnard on March 19, 2010. The
following information was derived from her sworn taped statement. She stated she had no issues
or problems working with Mitchell Tidwell and denied being uncomfortable around him.

LINDA CUPPLES

Linda Cupples was interviewed by Special Agent Joe England on May 06, 2010. The following
information was derived from her sworn taped statement. She admitted having conversations via
cellular telephone with inmate Jimmy Young, #080006. She denied knowing of or having met
Heather Lang.

MICHAEL POSEY

CELL:
Michael Posey was interviewed by Special Agent Christopher Barnard on March 22, 2010. The
following information was derived from his sworn taped statement. He stated he and Heather
Lang were friends. According to him, after Ms. Lang's interview with Agent Barnard, she called
him to discuss the interview.

MITCHEL W. TIDWELL

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Mitchell Tidwell was interviewed ·by Special Agent christopher Barnard on March 19, 2010. he
was interviewed by this Agent on April 17, 2010, at the Internal Affairs headquarters in Nashville,
Tennessee. the following information was. derived from his sworn taped statement. He
adamantly denied the allegations. He denied any inappropriateness when he counseled Ms.
Lang in her attire. He stated she had not been able to adhere or adjust to his level of
management.

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CONCLUSIONS AND RECOMMENDATIONS
Information and evidence obtained over the course of this investigation, does not support the
alleged incident of Workplace Harassment filed by Heather Lang against Mitchell Tidwell.
Therefore, the violation of TDOC Policy 302.05, Employee Sexual Misconduct, Sexual Harassment
and Workplace Harassment is EXONERATED.
Upon approval by the Commissioner, it is recommended that thismatter be closed and a copy by
forwarded to the Warden for r e v i e w . ·
.

SIGNIFICANT RELATED MATTERS
This investigation was initially assigned to Special Agent Christopher Barnard. However, due to
repeated complaints by Ms. Lang regarding the manner in which the investigation was being
handled, the case was reassigned to this Agent, having previously had no knowledge of the
current investigative status. This Agent reinitiated the investigation.
Upon interviewing Ms. Lang, near the end of her interview, she became confrontational, hostile,
and refused to cooperate with this investigation, complaining that this Agent did not appear to be
supportive of her claims. She was instructed to remain professional, that the interview had not yet
concluded, and was compelled to cooperate. Nonetheless, she became indignant and left the
interview against my instructions and without authorization.
Additionally, due to Ms. Lang's extended complaints and concerns over the interference she
received from the CBCX officials regarding her treatment of inmate Jimmy Young, #080006, this
Agent reviewed a portion of his recorded telephoJle conversations. Information gleaned from
those calls and from Ms. Lang's testimony and written complaints indicates an inappropriate
relationship exits between her and inmate Young as that of one extending beyond the scope of
Employee/Offender Interaction.
Additionally, Ms. Lang's coordination and participation in the alleged threat against her shows she
negligently and carelessly performed the duties entrusted to her by the State of Tennessee. As
demonstrated by her actions, she may be a threat to the safety of the institution, the inmates, other
staff, the public, and demonstrates little or no regard for the administration or policies of this
Department.
THE ACTIONS OF MS. LANG VIOLATE rooc POLICIES 107.02, INTERNAL AFFAIRS OPERATIONAL
PROCEDURES, 305.03, EMPLOYEE/OFFENDER INTERACTION, 302.08, CODE OF CONDUCT, AND
113.52, RELEASE OF PROTECTED OFFENDER HEALTH INFORMATION, AS WELL AS TDOHR RULE
1120-10-.06(8), CONDUCT UNBECOMING A STATE EMPLOYEE.