In the case of Ellsworth v. Streetsboro City Sch. Dist. Bd. of Educ., 11th Dist. Portage Nos. 2018-P-0104, 2018-P-0105, 2019-Ohio-4731, an Ohio appellate court held that a school board can disagree about what constitutes hazing with an appointed referee.
In this case, two instructors ran a band camp where incidents of alleged hazing occurred. The school board upon hearing those incidents pursued terminating those teachers under R.C. 3319.16. The teachers exercised their right to have a referee preside over the hearing on the alleged hazing incidents. The referee found no hazing in the incidents but still found the incidents problematic behavior. The referee recommended less than termination discipline. The school board disagreed with the no hazing finding and proceeded to terminate the teachers anyways.
The Ohio appellate court held that school boards can find contrary factual finding to the referee if the school board determines that the findings go against the preponderance of evidence.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.