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Substitute Teacher’s License Properly Revoked Where Teacher Grabbed and Verbally Threatened Student

In the case of Bennett v. Ohio Dept. of Edn., 2022-Ohio-1747, the Court of Appeals held that the revocation of a substitute teacher’s license was warranted after the teacher grabbed a student and threatened to physically harm the student during class.

Here, the teacher asserted that: 1) the trial court failed to consider all of the evidence, specifically subpoenas and interviews that the teacher wanted to present at trial; and 2) the teacher’s substantive due process rights were violated when the court accepted the findings of the Ohio Department of Education (ODE) to revoke the teacher’s substitute teaching license. The Court disagreed with the teacher.

Regarding the teacher’s first assertion, the Court determined that the evidence requested by the teacher was considered “confidential investigative material.”  The subpoenas and interviews were deemed confidential because they were obtained during the course of the ODE investigation and therefore were not subject to disclosure as public records.

As for the teacher’s second assertion, the ODE provided the teacher with a notice of the charges against him and conducted a hearing where the teacher was granted the opportunity to cross-examine witnesses, file exhibits, and provide testimony to the court.  The Court found that the teacher was not denied due process because he was given proper notice and an opportunity to be heard.  The Court further reasoned that the due process rights afforded in an administrative agency proceeding were satisfied. As a result, the teacher’s substitute license was properly 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.

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