Former general counsel Todd Hagins is accusing the university of retaliation and not following Freedom of Information Act laws following his termination in September 2024, while Office of Student Affairs Executive Assistant Amy Bailey is involved in an Equal Employment Opportunity Commission case involving alleged discrimination and retaliation.
By Clark Vilardebo Editor-in-Chief
Zachary Bell Managing Editor
News
Last semester, allegations of racial discrimination and retaliation against higher-ups in the president’s office rocked the campus.
In May, reports from FITSNews and The Herald revealed that former Winthrop General Counsel, Todd Hagins, filed a Federal Equal Employment Opportunity Commission (EEOC) complaint against the university. The complaint alleges the university fired him for “refusing to retaliate against an employee who complained about its ‘blatant racism.’”
This came after Amy Bailey, executive assistant for the Office of Student Affairs, filed an EEOC complaint that claims she was a victim of workplace retaliation after she lodged racial discrimination complaints against Tammie Philllips, executive director to the Office of the President.
In response to these claims, Winthrop’s associate vice president for communications and marketing, Ellen Wilder-Byrd, provided the following statement:
“Winthrop University takes claims of racism and retaliation seriously. At present, we have received one EEOC charge and are responding appropriately. The University denies all allegations of racism and retaliation. The described incidents were fully investigated and addressed appropriately as required by law. As this is an ongoing legal matter, we cannot comment further at this time.”
Since these complaints were filed, Winthrop has found themselves embroiled in multiple lawsuits, including a Tort Claim Notice and FOIA lawsuit – both submitted by Hagins.
In a statement provided to The Herald, Winthrop denied all alleged allegations and said it would hire outside counsel to “vigorously defend the lawsuit.”
During these ongoing suits, The Johnsonian has obtained documents that raise questions about the accuracy of Winthrop’s claims.
Background synopsis
In a complaint with the EEOC, longtime Winthrop employee, Amy Bailey, accused the university of retaliating against Winthrop employees who reported racially charged language from university leaders.
In her charge of discrimination, Bailey alleges instances where Tammie Phillips, now secretary to the board, used racially charged language. According to Bailey, the first instance was in June 2023, when Phillips supposedly referred to a former coworker by the N-word.
On April 29, 2024, Bailey sent an anonymous email on behalf of a Winthrop student to her then supervisor, Hagins. This email alleges that Phillips used the N-word at a student protest on campus on April 4, 2024.
Later that year, on June 27, 2024, Bailey said in an email to Hagins that Phililips’ racial comments created a hostile work environment. In July, Bailey alleged in a complaint that Phillips sought to displace her job and rewrite her duties as retaliation for her complaints.
In response to these alleged uses of the N-word, Winthrop opened an investigation led by Lisa Cowart, former vice-president of human resources.
According to Winthrop’s answer to Bailey’s EEOC, Winthrop carried out a prompt and thorough investigation, and remedial action was taken against Phillips, although the specifics have not been made publicly available at the time of publication.
Amy Bailey EEOC complaint
On Nov. 7, 2024, Bailey officially filed their EEOC complaint with the South Carolina Human Affairs Commission and Equal Employment Opportunity Commission.
In the complaint, Bailey alleges that Phillips used the N-word on two different occasions – in June 2023 and April 2024. In June 2024, Bailey sent an anonymous email on behalf of a Winthrop student regarding the April 2024 incident.
In July 2024, Bailey was chosen to be the Director of Legal Operations and served directly underneath Hagins.
Shortly thereafter, Bailey filed a complaint against Phillips with Human Resources “regarding job displacement and racial charged language.” According to the EEOC, “Thereafter, I began to experience more pervasive retaliation.”
Bailey then makes the claim that “Ms. Phillips conspired with Lisa Cowart to alter my job duties” following the complaint to HR.
On June 2, 2025, Winthrop filed their answer to Bailey’s original EEOC claim through outside counsel Ashley Abel and his firm Abel Law Group, LLC.
In the 15-page document, Phillips makes various claims regarding an alleged workplace affair between Hagins and Bailey.
The claims range from Phillips observing that “Hagins and Bailey were in Bailey’s office with the door closed and were often overheard whispering” to “Bailey intentionally sat next to Hagins in the [restaurant] booth and when they were ordering food, Bailey ordered for Hagins, which Phillips thought was a little unusual.”
Phillips also claimed that “Bailey often came in late…then 10 minutes later, Hagins was seen coming in late also.”
When asked about these claims, Hagins and Bailey vehemently denied them.
“I categorically deny Tammie Phillips’ baseless affair allegation against me, a tactic I and others have witnessed Phillips use before to derail Winthrop employees’ careers. Phillips timed her defamation when I and the other subject of the rumor stood as witnesses to her,” Hagins said. “I’m appalled that VP of HR Lisa Cowart literally laughed off this grave cabinet-level accusation, merely asking if it was true, exposing a shocking lack of leadership and support for all Winthrop employees.”
Further in the document, Phillips starts claiming that she actually heard Bailey using racially derogatory language.
Phillips claims on March 21, 2024, Bailey made the comment “I can’t get her to date anyone except the little Negro boys” when her daughter walked towards them with a Black male student.
Phillips also alleges that it was Bailey using racially derogatory language at the fountain protest where Bailey claimed she heard Phillips use the N-word. Phillips claims that “Bailey made a derogatory statement about the black students’ dreadlocks.”
In response, Bailey said, “I deny Tammie Phillips’ claim of an affair with my ex-supervisor. It was and is a defamatory smear in an attempt to ruin my career and assassinate my character. Further, her accusation that I engaged in racially insensitive language is a blatant lie.”
After these claims, the document goes on to state, “While Phillips acknowledged using the insensitive word, it was not in the context of Phillips referring to Bailey, to any Winthrop employee or student, or about any person.”
In an audio recording acquired by The Johnsonian between Cowart and Bailey, Cowart says that “she [Phillips] was surprised you [Bailey] made the complaint – she thought you were friends.”
Winthrop’s answer concentrates on the anonymous complaint written by Bailey.
The crux of their argument for the discrimination complaint is “she does not belong to the racial minority about whom the alleged comment was made or referenced.”
As to the retaliation claims, Winthrop’s answer states “The four very specific, alleged instances of retaliation were investigated by Human Resources and found, very objectively, to be without merit whatsoever.”
In Bailey’s answer to Winthrop, filed on Aug. 8, 2025, by Burnette Shutt & McDaniel, PA, they highlight the claims of questionable behavior by Phillips.
“Ms. Phillips multiple statements of perceived questionable behavior by Ms. Bailey do not appear in her one-year review and were not any part of that evaluation. Her review stated Ms. Bailey’s performance exceeded expectations and it is strange that this is the first time Ms. Bailey has been told her performance was not satisfactory.”
Bailey’s supervisor evaluation form, completed on March 13, 2024, shows this too.
When it came to assisting with “specialized and confidential” duties for the Board and president, the comment stated “Amy [Bailey] has performed wonderfully in this area.”
Her overall performance was described as “a dedicated and valuable employee… always willing to assist in any task we are involved in.”
A personnel action form (PAF) from Bailey’s move to working as Director of Legal Operations also shows there was not much pushback on her position change. A PAF is a form that HR in South Carolina has to fill out when someone changes jobs.
The approval was initiated by Phillips on July 1, 2024, and was approved by Cowart two times – July 10 and 16, 2024. This happened while the investigation was occurring, too.
Bailey’s response also pushes back on Winthrop’s focus regarding the complaint, stating, “Similarly puzzling is Winthrop’s assertion that informing Mr. Hagins of her complaint of racism is somehow evidence that Ms. Bailey was not performing her job well or somehow deserves the treatment she has suffered.”
The answer wraps up by stating, “Truthfully, of 15 pages of a position statement, so many pages are dedicated to matters utterly unrelated to the instant complaint that it begs the question what is the purpose of any of this.” They also request that the EEOC takes the case up.
Todd Hagins EEOC complaint
On May 1, 2025, Hagins officially filed an EEOC complaint alleging retaliation for investigating racial discrimination.
The complaint emphasizes the alleged retaliation that happened toward Hagins starting in June 2024, though it does focus on discrimination in the final pages.
The document mentions the claims of an affair against Hagins, including that “Cowart downplays it, and according to Bailey laughs.”
Further on though, the document states that Phillips and Cowart attempted to change Bailey’s job description during the height of the investigation.
“July 2024: … She [Cowart] further tells Hagins that she met with Phillips, and they both worked on a change to Bailey’s job description. Cowart provided Hagins with a copy of Bailey’s job description with her own handwritten requests to modify Bailey’s duties. Cowart and Phillips propose altering Bailey’s duties, which Hagins identifies as retaliatory,” the document reads.
Hagins’ EEOC complaint names president Serna more, including a request to “Not think like Winthrop’s attorney but Bailey’s boss” in regards to changing Bailey’s job duties.
Hagins’ argument is that “Phillips’ repeated use of the racial slur during work, excused by Cowart, creates a hostile work environment under Title VII” and university leadership “retaliated against her protected activity (complaining about racism) under Title VII.”
In the last page and a half, Hagins provides additional allegations against the university in regards to racism and discrimination, going as far to say “Hagins is prepared to testify and direct investigators where to obtain the following evidence.”
The claims range from trustees being concerned that Winthrop is viewed as a “gay university,” requests to reduce the number of Black students on its publicity materials, and fears that Winthrop is viewed as an historically black college and university (HBCU) and attempting to recruit more white, male students.
One claim states that “trustees wanted to pass rules to prohibit students, particularly Black fraternity members from ‘dancing at graduation.’”
A resolution for an October 2023 meeting from the trustees on June 23, 2o23, shows there were indeed requests made to change ceremony rules.
“The Board is cognizant of the need to balance such displays of excitement and joy during institution-sponsored ceremonies with the decorum of such ceremonies; and WHEREAS, the Board understands the importance of protecting the rights of students and their families to enjoy the recognition of their achievements without disturbance from others…,” the resolution states.
The Johnsonian reached out to Phillips and president Serna in regards to these claims, and the following statement was provided from Wilder-Byrd:
“These are personnel matters which are considered by Winthrop to be confidential, and accordingly the university will not provide comment about the factual circumstances of those matters and Winthrop’s determinations regarding them. As this is an ongoing legal matter, Winthrop cannot comment further at this time.”
Hagins’ FOIA lawsuit, Tort claim and other financial matters
The EEOC complaints are not the only legal challenges Winthrop is facing right now.
Hagins filed a separate lawsuit in September 2025 alleging 29 violations of South Carolina’s Freedom of Information Act (FOIA). The lawsuit also names Board Chair Joel Hamilton, and Phillips.
Hagins, who served as general counsel and secretary to the board until his termination, alleges that Winthrop evaded meeting requirements in order to hold secret votes about student tuition, fees, budget items, and new academic programs.
The 29 alleged FOIA violations occurred during 8 board meetings from 2024 to 2025.
News of this suit comes after Hagins and Bailey filed EEOC complaints against Winthrop. Hagins, who served as Winthrop’s general counsel, accuses Winthrop of violating FOIA when they terminated his employment.
According to Hagins, former Chair of the Board, Glenn McCall, who died this past July, organized a secret meeting of the Board to discuss and vote on Hagins’s termination. According to the Board’s bylaws, Winthrop failed to notify the public about the meeting.
“Hagins also knew if Winthrop had done so he had rights under FOIA to allow the public to be present during any termination or disciplinary procedure against him before the Board,” Hagins says in his complaint. “Hagins is aware the Board has never published any minutes related to any meetings held on September 9, 2024, or any previous date in which his employment was discussed.”
Another point of contention revolves around McCall and Vice Chair Kathy Bigham. According to the lawsuit, McCall and Bigham exceeded the 6-year term limit in Winthrop’s bylaws by serving a seventh year.
In an official press release, Hagins said that McCall and Bigham’s extended tenure with the Board casts doubt on the trustworthiness of the Board as well as any decisions the Board has made.
“Bylaw and FOIA violations may invalidate board actions,” Hagins said, “including voting in Tammie Phillips as Secretary to the Board while under federal investigation.”
In June 2025, the Board voted to promote Phillips to the position of Secretary to the Board. The decision followed allegations earlier in the year that Phillips had used racist language and engaged in a retaliation campaign against Bailey and Hagins.
Accordingly, Hagins is seeking an injunction from 16th Judicial Court voiding the results of the June 2025 Board office election, and an injunction forbidding Winthrop from continuing “to act upon, enforce, spend money or receive money related to any votes subject to the declaratory judgment.”
Hagins alleges the Board spent $50 million in allocations, contracts, and bonds that were subject to secret votes. According to Hagins, the Board’s behavior, and failure to communicate with the public, represents a lack of commitment to transparency.
In response to these allegations, Winthrop provided the following statement to The Johnsonan, “These are personnel matters which are considered by Winthrop to be confidential, and accordingly the university will not provide comment about the factual circumstances of those matters and Winthrop’s determinations regarding them. As this is an ongoing legal matter, Winthrop cannot comment further at this time.”
In a Tort Claim Notice filed with the S.C. Insurance Reserve Fund, Hagins is seeking compensatory damages for lost salary and benefits in excess of $250,000. This figure does not include damages relating to defamation.
According to Hagins, his termination was the result of him informing university leadership of illegal and unethical acts committed by Winthrop employees and board members.
Among those named are Vice President of Human Resources Lisa Cowart and outside counsel Ashley Abel. The Johnsonian reached out to Abel and Winthrop’s HR for a comment but had not heard back at the time of publication.
“His [Hagins] termination was in direct retaliation for his efforts to report and remediate illegal and unethical conduct occurring at Winthrop University,” the filing reads. “”Mr. Hagins was further retaliated against for protecting another employee, Amy Bailey, who was discriminated against by Winthrop University.”
In this filing, Hagins cites certain incidents, and claims that these incidents contributed to a hostile and retaliatory work environment that demonstrated “a pattern of public ridicule, retaliation, and discrimination against employees perceived as disloyal to President Serna.”
One alleged incident involved a Halloween decoration in October 2024. According to the filing, Phillips and Serna used costumes and props to emulate a scene from the Wizard of Oz that depict a previously terminated employee as a “witch” and “b***h,” declaring that the former employee was “dead.”
Hagins also alleges that he was subject to sexual harassment and racially discriminatory conduct. According to Hagins, Winthrop leadership failed to adequately investigate and remediate complaints of racist language and retaliation.
As part of this filing, Hagins is seeking relief for lost salary and benefits in excess of $300,000, as well as damages for defamation, emotional distress, reputational injury, and loss of professional standing. He is also seeking punitive damages against Winthrop to deter future misconduct.
Where things stand now
At the time of publication, Winthrop has paid Abel Law Group, LLC around $139,853 dealing with Hagins and Bailey’s cases, according to invoices from the law firm dating from January 1, 2024 to August 2025 – though this number could be higher.
However, Hagins’ cases have now been moved to Jeffrey A. Lehrer of FordHarrison LLP out of Spartanburg, S.C.
Bailey says that as far as she knows, Abel is still handling her case.
Hagins says mediation is scheduled around late November, while Bailey doesn’t expect to hear anything until the government shutdown ends.
Bailey is also preparing to amend her EEOC complaint after filing a harassment complaint with the Winthrop University Police Department.
According to the incident report, filed on Sept. 14 under case number 0925-0059, Bailey filed the report after being notified of various posts on YikYak directed at her and her daughters making references to her EEOC case.
The report also states that “she [Bailey] has reason to believe that Lauren Serna and Tammie Phillips could both be involved in making those comments. The Victim also supplied screenshots of Lauren Serna texting the Victim seeking a meeting and discussion in relation to various posts on social media.”
A screenshot from the incident on September 13 does show a YikYak user mentioning meeting in person with Bailey.
“Oh AB… this would be so much fun if I were dueling with actual intelligence… As I have continually offered, let’s meet face-to-face to have an actual adult conversation. Do not try your previously cowardly tactics of thinking I’m here to fight (or all other absurd claims you’ve made.) I don’t even want to argue, simply have a discussion. No more hiding behind a keyboard.”
Bailey also said that she’s looking into having the South Carolina Law Enforcement Division (SLED) look into the matter.
Hagins says that he “anticipates filing additional lawsuits.”
This is an ongoing story, so there will be updates and new quotes added
