Former Lee choir director sentenced and taken into custody

WARNING: The following article contains content regarding sexual assault.

On Friday, March 11, former Lee University choir director James Phillips was sentenced to 11 months and 29 days in jail for pleading guilty to the Class A misdemeanor of attempted sexual assault. 

Judge Sandra Donaghy reviewed the facts and testimony submitted by the state and defense, and ultimately decided the punishment for the charge. Phillips’ guilty plea of attempted sexual assault carries a maximum sentence of 11 months and 29 days in jail and/or fines up to $2,500. 

In addition to the time he must serve, Phillips’ sentence also mandates he register as a sex offender and have no contact with the victim. Phillips was taken into custody immediately following his sentencing hearing on March 11. 

In October 2020, Phillips was arrested on one count of rape. In October 2021, Phillips plead guilty to the lesser charge of attempted sexual assault after pleading not guilty during his arraignment on Oct. 12, 2020. 

“Although Phillips pleaded guilty, his attorney, Tim Hewitt, clarified that his client is pleading guilty ‘in his best interest,’ which means the defendant may not admit to all of the facts in the case, but is pleading to avoid the potential of a jury trial,” the Cleveland Daily Banner reported in October 2021. 

Donaghy rejected the initial plea agreement in October 2021, which operated on the condition Phillips serve a suspended sentence, according to the Cleveland Daily Banner. The suspended sentence would have allowed Phillips to avoid jail time and expunge his record at a future date set by the court. After a recess, a new plea agreement was submitted to Donaghy without the suspended sentence condition. 

The victim of the 2014 assault was present for the hearing in October 2021 and the sentencing on March 11, 2022. According to the Cleveland Daily Banner, the victim requested to speak before the court in October and revealed details of the assault which allegedly took place in a Lee University dorm room. 

“At that time, Lee fully investigated the allegation, which Mr. Phillips categorically denied," the university said in a statement. "To Lee's knowledge, there were no further allegations or developments related to this matter until 2018, when the complainant filed a police report related to the 2014 allegations, at which time a criminal investigation was initiated."

Lee University administration has emphasized their desire to care for students throughout the development of the case. 

“As a student-centered university, the well-being of our students is Lee’s chief concern. We take seriously any allegations of sexual misconduct, thoroughly investigating each case according to the Title IX regulations issued by the U.S. Department of Education,” said Director of Communications Brian Conn. 

Conn said the legal proceedings in Phillips’ case were prolonged by COVID-19, but Lee University’s perspective on the situation has remained the same. 

“At the time of the incident, Lee pursued an investigation with all possible diligence and was unable to reach a conclusion. We have cooperated fully with all inquiries and investigation of local law enforcement, but we aren’t privy to the details of their investigation, nor have we been included in the subsequent legal process,” said Conn. “For this reason and that of privacy policies protecting our students and employees, we aren’t able to discuss the matter in more detail.”

At the time of the arrest in 2020, Lee officials said the university responded immediately to the situation when it came to their attention in 2014.

Conn said the university encourages any Lee student who has been affected by sexual misconduct in any way to contact Title IX Coordinator Brittany Gates at (423) 473-3817 or bgates@leeuniversity.edu. Students can also contact the Lee University Counseling Center at 423-614-8415. For information regarding Title IX, visit the Lee Clarion resource page.