In the case of Prude v. State Bd. of Edn., 2023-Ohio-1672, an appellate court held the board of education properly revoked the educator’s teaching license permanently when the educator engaged in a physical confrontation with a student.
In this case, the educator argued that (1) the other teachers had a duty to step in and stop the altercation but failed to; (2) the educator had a stellar employment history; and (3) the student had a history of disrespectful and disruptive behavior. In response, the board of education argued that (1) the educator repeatedly pushing a student until the student fell through and broke a window was unbecoming of the teaching position. The appellate court agreed with the board of education.
In support of its lead decision in favor of the board of education, the appellate court explained the facts were not disputed and pushing a student repeatedly and through a window is clearly conduct unbecoming of the teaching profession.
In support of its dissenting decision in favor of the educator, the appellate court explained that the board of education failed to consider the mitigating factors that the educator raised. The appellate court further explained that these mitigating factors meant the educator’s license should not have been permanently revoked.
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 like the always-changing 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.