Clayton cop demoted after sexually harassing recruit

A veteran Clayton County police officer was demoted but allowed to keep his job after admitting to kissing, fondling and sexually harassing a recruit.

Henry Derbyshire, a 28-year veteran of the Clayton County Police, was demoted from sergeant to patrol officer after investigators found he violated the county’s sexual harassment policy.

“He said she made some remarks that misinterpreted,” Police Chief Jeffrey Turner said. “He lost $15,000 in pay and was demoted to fleet maintenance. We took action and in my opinion, it was appropriate action. She wanted him terminated, but she doesn’t make those decisions.”

But now the Clayton County Commission wants to know why Derbyshire still has a job and was not prosecuted.

County Commission Chairman Eldrin Bell asked the county attorney to look into the case after the victim complained to him last week.

“I have questions about this entire matter,” Bell said Monday. “The credibility of our police department is of paramount concern to this government. I am outraged.”

Bell said he has gotten additional concerns from a female officer worried about a pattern of sexual harassment in the Clayton County Police Department.

Concerns about sexual harassment arose in August when a 36-year-old female recruit complained about Derbyshire, then a recruiter and internal affairs investigator. The recruit passed the police qualifications test but never returned to complete the hiring process.

Derbyshire, who is divorced, was interviewing the woman for a job when he told her she was beautiful and asked her to dinner. The woman claims Derbyshire stuck his hand down her pants, sucked her breasts and kissed her mouth and neck, according to a sworn statement.

The woman told investigators she pulled away and told the officer to stop, but he refused.

Derbyshire admitted to kissing the woman’s “exposed breast” and neck, but denied the other allegations, according to an investigative report.

“I’m telling you I kissed her on the neck. She never pulled away and just a kiss on the top part of her breast and that was it,” Derbyshire told internal investigators. “I know it just happened. It was an attraction there.”

The Atlanta Journal-Constitution received the investigation and Derbyshire’s personnel file through an Open Records Act request.

According to the woman’s statement, Derbyshire — who was tasked with investigating the department’s sexual harassment complaints — told the recruit he could get rid of any complaint she made.

Under Georgia law, Derbyshire’s actions would be considered sexual battery, said Shawn Paul, president and chief executive officer of the Georgia Network to End Sexual Assault.

“Any person commits sexual battery when he or she makes intentional unwanted physical contact with intimate parts of the body. The female breasts are considered an intimate part,” Paul said.

Paul said she was concerned that the police department was not taking more action.

“I believe we have a right to be treated with dignity and with respect from the people who are charged with protecting us,” Paul said. “These allegations are troubling to me.”

Turner said he launched an internal investigation after receiving the complaint. He did not initiate a criminal investigation because the woman did not want to prosecute, Turner said.

Turner said the case would be thrown out in court if the woman declined to testify.

Internal affairs investigators found Derbyshire guilty of conduct unbecoming of a county employee. Turner said he decided against terminating the officer based on his record and the lack of evidence of sexual battery.

“This is a he-said-she said deal. The officer said it was a mutual situation,” Turner said. “He has an exemplary record of 28 years of service. This man has a year and half before he can retire. I’m not going to ruin his career.”

Derbyshire’s personnel files shows no previous sexual harassment complaints. The only reprimands he received were for vehicle accidents and yelling at a fellow officer who gave his now ex-wife a speeding ticket.

Under Clayton County policy, employees found guilty of sexual harassment can receive a written reprimand up to termination.

Derbyshire, who lives in Peachtree City, did not return phone calls Monday. The woman declined to comment, other than her statement to police.

The woman told police she has spoken with an attorney, but has not decided to take any action until she sees what the County Commission does.

The County Commission is now setting up a personnel review committee to investigate this case and other sexual harassment concerns.

Commissioners Virginia Burton Gray and Wole Ralph said they both were concerned about the incident and needed more information before deciding if additional action should be taken.