The Rutherford County School Board Zone 2 ballot continues to show candidate John Duncan, who is accused of taking "an inappropriate and graphic photograph" at Stewarts Creek High.
After a Tennessee Bureau Investigation did not find sufficient evidence for prosecution, the local District Attorney recently closed the case against Duncan.
The school board Zone 2 ballot also includes Republican nominee Stan Vaught and Independent Robert C. Brooks . Early voting in advance of the Aug. 1 election will be July 12-27.
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Duncan agreed to resign from his teaching job June 10 after Rutherford County Schools Director James "Jimmy" Sullivan notified the Independent candidate June 6 about being fired unless he resigns, public records show.
"You took an inappropriate and graphic photograph on RCS property (Stewarts Creek High School), while employed with the district," Sullivan said in a June 6 letter to Duncan.
Sullivan initially suspended Duncan without pay March 6 pending a criminal investigation by the Tennessee Bureau of Investigation.
The TBI in March verified its investigation of Duncan based on "an allegation that he had taken inappropriate photos of himself inside a school," spokeswoman Susan Niland said.
TBI and DA close investigation on John Duncan
Niland on July 9 said the TBI had closed its investigation.
"As with other cases we are requested to investigate, we provide our findings to the respective district attorney general," Niland said. "That office makes any charging determinations."
Rutherford County's District Attorney General Jennings Jones said July 9 he contacted the TBI to examine the status of a case that he did not request.
TBI officers had jurisdiction of the case as part of a cybersecurity investigation, Jones said.
"They did not find sufficient evidence for prosecution," Jones said. "For that reason, the investigation has been closed."
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Duncan had served the past year as a social studies teacher at Daniel-McKee Alternative School for students in grades 6-12 expelled from their regular schools. He previously had taught at Stewarts Creek High before accepting the Daniel McKee Alternative School job August 2023, district spokesman James Evans said.
The Daily News Journal attempted to reach Duncan through the email and phone number listed on records for his campaign with the Rutherford County Election Commission. He was unavailable for comment.
Duncan qualified for the election as an independent Dec. 14. He had a week to withdraw but chose to remain on the ballot.
In addition to independent candidates having the option to withdraw from an election, political parties have the ability to limit who can run within a week of the qualifying deadline if a candidate fails to meet the bona fide status of the parties.
Duncan did not participate in the June 5 League of Women Voters of Murfreesboro/Rutherford County forum for Rutherford County school board candidates.
This article originally appeared on Murfreesboro Daily News Journal: School board candidate cleared of crime, resigns over accusation of inappropriate photo
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