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School Boards Must Provide Notice and an Opportunity to be Heard Before Terminating a Non-Teaching Employee

In the case of Hobbs v. Pickaway-Ross Career & Technology Ctr. Bd. of Edn., 2022-Ohio-921, the Court of Appeals held that a school custodian was rightly terminated where the custodian made inappropriate and crude statements to a teacher.

Here, the custodian argued that he was terminated without the school board conducting any fact finding, and the school board violated his due process rights by not notifying him of the charges against him and not affording him an opportunity to present evidence. The Court disagreed with the custodian.

In support of its decision, the Court explained that evidence showed that the school board did provide the custodian with sufficient pre-termination due process by investigating the incident, providing the custodian with notice of the charges, giving an explanation of the evidence the school board was relying on, and giving the employee an opportunity to respond to the allegations before the school board convened and decided to terminate the custodian.

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.

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