McClendon v. Ohio Dept. of Edn.
77 N.E.3d 523
Ohio Ct. App.2017Background
- McClendon, a 66‑year‑old kindergarten teacher with 38 years’ experience, was accused of failing to appropriately supervise a five‑year‑old (Student 1) on May 16, 2012, after Student 1 left school and was found walking alone near a busy street.
- The Ohio Department of Education sent a notice dated December 12, 2013 (processed Dec. 13, 2013); the notice advised that a written hearing request had to be received by the Department within 30 days of mailing.
- McClendon mailed a written hearing request on January 13, 2014; the Department received it January 16, 2014—after the Department’s 30‑day deadline (treated as Jan. 12, 2014). The Board therefore held a hearing in her absence.
- The hearing officer found McClendon assumed responsibility for Student 1 after school, failed to follow sign‑out policy or alert office staff when Student 1 went missing, and recommended permanent revocation of her educator license.
- The Board adopted the recommendation and permanently revoked McClendon’s license; the common pleas court affirmed, and McClendon appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice satisfied due process / R.C. 119.07 | McClendon: notice failed to explain how to "file" or time‑stamp a hearing request and she made timely requests (written and oral) | Dept.: notice complied with R.C. 119.07; request must be received within 30 days; her written request arrived late and no record of an oral request exists | Held: Notice was constitutionally adequate; written request was untimely because not received within 30 days; oral request unsupported by record; Board properly proceeded in her absence |
| Whether there was reliable, probative, substantial evidence that she failed to supervise Student 1 | McClendon: record contained contradictions and lack of district investigation; hearsay CCDCFS statements unreliable | Dept./Board: testimony and exhibits, plus CCDCFS finding of neglect, supported that McClendon took custody and later failed to ensure Student 1’s safety | Held: Substantial evidence supports Board’s finding of conduct unbecoming and negligent supervision |
| Whether permanent revocation was an excessive sanction outside applicable guidelines | McClendon: licensure guidelines prescribe shorter suspensions for supervision lapses; Board ignored guidelines | Board: may consider aggravating factors and impose sanctions outside guideline range, including permanent ineligibility | Held: Board acted within discretion given aggravating factors (seriousness, experience, failure to accept responsibility); revocation and permanent ineligibility permissible |
| Whether agency failed to timely file a complete administrative record | McClendon: CCDCFS report and Board minutes were filed after the 30‑day statutory period, prejudicing review | Dept.: certified record was timely filed; late filings were sealed/supplemental, court allowed supplementation, and appellant suffered no prejudice | Held: No reversible violation—supplementation was permitted, records were available to appellant, and no prejudice shown |
Key Cases Cited
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 614 N.E.2d 748 (Ohio 1993) (standard for affirming agency decisions: supported by reliable, probative, substantial evidence and in accordance with law)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (abuse of discretion standard defined)
- In re Williams, 60 Ohio St.3d 85, 573 N.E.2d 638 (Ohio 1991) (administrative‑appeal standards)
- Board of Edn. for Orange City School Dist. v. Cuyahoga Cty. Bd. of Revision, 74 Ohio St.3d 415, 659 N.E.2d 1223 (Ohio 1996) (administrative hearings not bound by evidence code; hearsay admissible)
- Donn v. Ohio Civ. Rights Comm., 68 Ohio App.3d 561, 589 N.E.2d 110 (8th Dist. 1990) (due process requires reasonable notice and opportunity to be heard)