826 N.E.2d 894 | Ohio Ct. App. | 2005
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *252
{¶ 1} Defendant-appellant, Montgomery County Board of Mental Retardation and Developmental Disabilities ("MRDD"), appeals from an order compelling the discovery of certain records requested by plaintiffs-appellees, Dustin Baker and his parents, Tom and Brenda Baker. MRDD contends that the trial court abused its discretion when it granted the Bakers's motion to compel discovery, because the MRDD records are protected from discovery by R.C.
{¶ 2} We conclude that the MRDD records are not protected from discovery by R.C.
{¶ 3} Therefore, we conclude that the trial court did not abuse its discretion in granting the Bakers' motion to compel discovery. Accordingly, the order of the trial court compelling discovery is affirmed.
{¶ 5} In March 2003, Dustin Baker and his parents, Tom and Brenda Baker, filed a complaint against MRDD and Mitchell-Waters asserting claims of battery, assault, breach of fiduciary duty, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision, vicarious liability, breach of statutory duties to protect rights of the disabled, and loss of parental consortium. *253
{¶ 6} In their complaint, the Bakers alleged that Mitchell-Waters was verbally and physically abusive toward Dustin throughout the 2001-2002 school year. In particular, the Bakers alleged that when Dustin inadvertently touched Mitchell-Waters's breasts, after losing his balance and falling into her, Mitchell-Waters responded by saying, "If you want to act like a man, then I'll treat you like a man," and proceeded to grab and squeeze Dustin's testicles until he expressed pain.
{¶ 7} In April 2003, the Bakers filed their first set of combined discovery requests upon MRDD and Mitchell-Waters, which included interrogatories, requests for documents, and requests for admission. MRDD responded to the Bakers' interrogatories as follows:
{¶ 8} "4. Please identify any complaints of physical and/or verbal abuse of students by Debra Mitchell-Waters during the time in which she was employed by MRDD.
{¶ 9} "ANSWER: Objection. Some and/or all of the information requested is privileged under the Ohio Public Records Act, R.C.
{¶ 10} "5. Please identify any complaints of physical and/or verbal abuse of students by any teachers, aides or staff members employed by MRDD.
{¶ 11} "ANSWER: Objection. This interrogatory is vague, overbroad, unlimited in time and scope and not reasonably calculated to lead to discovery of admissible evidence. Further objecting, some and/or all of the information requested may be privileged under the Ohio Public Records Act, R.C.
{¶ 12} "6. Please state the complainant, the case name, number, date of filing and the outcome of the claim and/or lawsuit filed against MRDD for physical and/or verbal abuse of students by teachers employed by MRDD.
{¶ 13} "ANSWER: Objection. This interrogatory is vague, overbroad, not limited in time and scope and not reasonably calculated to lead to discovery of admissible evidence. Further objecting, some and/or all of the information requested may be privileged under the Ohio Public Records Act, R.C.
{¶ 14} The Bakers filed a motion to compel discovery, seeking an order compelling the production of the documents from MRDD. The trial court granted, in part, the Bakers' motion to compel discovery. The trial court granted the Bakers' request for documents involving any complaints of abuse or neglect of any student by Mitchell-Waters or any teacher. The trial court found that these documents were not "student education records" protected by FERPA. The trial court ordered that the identity of all students, including their medical-related information, be redacted from these documents. The trial court also granted the Bakers' request regarding documents containing allegations of abuse or neglect of Dustin Baker by Mitchell-Waters but found this matter to be moot, because MRDD had either supplied the information, or agreed to supply the information, to the Bakers. From the trial court's order compelling discovery, MRDD appeals.
{¶ 16} "The trial court abused its discretion to the prejudice of MRDD when it granted plaintiff's motion to compel discovery."
{¶ 17} MRDD contends that the trial court abused its discretion when it granted the Bakers' motion to compel discovery, because the MRDD records are protected from discovery by R.C.
{¶ 18} MRDD contends that pursuant to R.C.
{¶ 19} R.C.
{¶ 20} We conclude that even if the MRDD reports are not public records, that this does not mean they are privileged and hence not subject to discovery. R.C. *255
{¶ 21} Therefore, we conclude that the MRDD records are not protected from discovery by R.C.
{¶ 22} MRDD contends that pursuant to the Family Educational Rights and Privacy Act, the Bakers are not entitled to the MRDD records, because the MRDD records are "student education records," protected from disclosure. The Bakers contend that pursuant to Ellis v. Cleveland Mun. School Dist. (N.D.Ohio 2004),
{¶ 23} "FERPA protects educational records or personally identifiable information from improper disclosure. Doe v.Woodford County Bd. of Educ.,
{¶ 24} "`No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information . . .) of students without the written consent of their parents to any individual, agency, or organization. . . .'
{¶ 25} "20 U.S.C.A. §§ 1232g(a) and (b)(1). FERPA broadly defines `education records' as `those records, files, documents, and other materials which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.' U.S. v. Miami University,
{¶ 26} In Ellis, the court held that information relating to allegations of physical abuse by teachers was not protected from discovery by FERPA, because the requested documents did not contain information directly relating to the student. Ellis,
{¶ 27} The court distinguished Miami Univ., supra, upon which MRDD relies, stating, "A teacher's disciplinary records and/or records containing allegations of teacher misconduct can be contrasted with student disciplinary records which the Sixth Circuit has held are `education records' within the meaning of FERPA. Miami University,
{¶ 28} The court went on to state: "Even if the records at issue in this case were `education records' as defined by FERPA that would not necessarily end the inquiry. FERPA is not a law which absolutely prohibits the disclosure of educational records; rather it is a provision which imposes a financial penalty for the unauthorized disclosure of educational records. Thus, while FERPA was intended to prevent schools from adopting a policy or engaging in a practice of releasing educational records, it does not, by its express terms, prevent discovery of relevant school records under the Federal Rules of Civil Procedure." (Citation omitted.) Ellis,
{¶ 29} In this case, the trial court granted the Bakers' request for the MRDD records involving any complaints of abuse or neglect of any student by Mitchell-Waters or any teacher. Pursuant to Ellis, supra, we conclude that these documents, relating to allegations of abuse or neglect of students by teachers, are not protected from discovery by FERPA, because the requested documents do not contain information directly relating to students. The MRDD records *257 directly relate to the activities and behaviors of the teachers themselves and are, therefore, not governed by FERPA. SeeEllis, supra.
{¶ 30} MRDD contends that Civ.R. 26 protects the MRDD records from discovery where an individual's privacy interests outweigh the probability that discovery of the records will lead to admissible evidence. MRDD contends that pursuant to Civ.R. 26, the Bakers are not entitled to the MRDD records, because the MRDD records sought by the Bakers, regarding any complaints of abuse or neglect of any students by any teacher, are not relevant to the Bakers' claims. MRDD argues that discovery should be limited in this case, because the Bakers are on a fishing expedition to find other causes of action.
{¶ 31} Although we find it noteworthy, and commendable, that the trial court in this case ordered that the identity of all students, including their medical-related information, be redacted from the MRDD records in the interests of privacy, we decline to address MRDD's argument. We conclude that MRDD's contentions are not properly within the scope of this appeal. A provisional-remedy appeal from an order compelling discovery can be predicated upon a theory that a privilege is being violated, but that right to an interlocutory appeal does not extend to an attack upon an order compelling discovery as being overly broad and burdensome, which could be remedied on an appeal after final judgment by seeking an award of fees and expenses incurred in responding to the overly broad discovery order. Therefore, we decline to address this argument made by MRDD.
{¶ 32} We conclude that the trial court did not abuse its discretion in granting the Bakers' motion to compel discovery.
{¶ 33} MRDD's sole assignment of error is overruled.
Judgment affirmed.
*258BROGAN, P.J., and WOLFF, JJ., concur.