Court of Appeals, in rare move, reverses Ohio Department of Education on finding educator had committed "conduct unbecoming" the teaching profession

In a rare move, the 10th District Court of Appeals has reversed a finding that an educator committed conduct unbecoming the teaching profession. In that case, a 25 year teaching veteran restrained a student who was out of control. As a result of the restraint, the student ended up with scratches and red marks on his lower back and buttocks. The teacher did not have first aid administered immediately, but allowed the child to proceed home on a school bus, with directions to have the child's mother call the teacher. Once home, the child's mother gave him a bath and applied Neosporin. The teacher did not immediately fill out the paperwork reporting her encounter with the student and his minor injuries. Though she began a report, she was interrupted by teaching preparation. As a result of this, and the fact that her principal was not in school, her report of the incident was was not submitted until the next Monday. On these facts, ODE initiated charges, claiming that the teacher's actions amounted to 'conduct unbecoming' the teaching profession. After a hearing, the ODE found that the teacher had engaged in conduct unbecoming the teaching profession and that her license should be permanently revoked. That finding was upheld by a court of common pleas judge. However, the 10th District reversed the decision on appeal and remanded the case for further proceedings at the Ohio Department of Education. In reaching its decision, the court noted that, "[t]eachers are called upon to make professional judgments every day and the reasonable exercise of such professional judgment cannot constitute a violation of R.C. 3319.31(B) as conduct unbecoming a classroom teacher." Sending the case back to ODE, the agency must now answer the question: "whether a teacher who accidentally inflicts scratches on an out-of-control preschool student deserves disciplinary action from ODE and, if disciplinary action is warranted, what discipline is appropriate?" I would hope for the sake of Ohio's educators that the answer to the first question is no, and that the second question then becomes moot.

Court upholds Board's decision to permanently revoke teacher's license

The Franklin County Court of Appeals this week upheld the State Board of Education's permanent revocation of a teacher's license.

In that case, two teachers had held a Christmas party in an area of a school buidling was not authorized to by the principal. Two students began boxing, with the knowledge of the teacher. One of the students was struck, was severely injured, and nearly died. The two teachers then allegedly concocted a story that they thought would keep them out of trouble. The teachers allegedly told students to lie to the principal if asked.

The principal then began an investigation. He interviewed students who were present during the Christmas party. The students stuck to the teachers' allegedly concocted story. Later, however, one of the teachers confessed the true story. However, the other teacher stuck to the original story. Both teachers later resigned, and an investigator in the Department's Office of Professional Conduct, Kelly Beall, was assigned to investigate the matter. As a result of Beall's investigation, the Board issued the teacher a notice of its intent to determine whether to limit, suspend, or revoke his teaching license.

Pursuant to R.C. 119.07, the State Board of Education must hold a hearing if a party requests it within 30 days of the mailing of a notice of intent. The notice of intent informed the teacher of his right to request a hearing, and it warned the teacher that if he did not exercise this right, the Board could suspend, limit, or revoke his teaching license in his absence.

After the hearing, the hearing officer determined that the inadequate supervision of students, among other things, amounted to conduct unbecoming to the teacher's position, and that the Board had grounds to sanction the teacher under R.C. 3319.31(B)(1) and Ohio Adm. Code 3301-73-22. The hearing examiner recommended that the Board revoke the teacher's teaching license and render him permanently ineligible to apply for any license issued by the Board. The Board adopted the hearing officer's recommendation. The teacher then appealed both to the Court of Common Pleas, and to the appeals court, both of which upheld the revocation.