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Link v. Ohio State Board of Education

Court of Appeals of Ohio, Fifth District

September 24, 2013

WAYNE LINK Plaintiff - Appellant
v.
OHIO STATE BOARD OF EDUCATION Defendant-Appellee

Appeal from the Knox County Court of Common Pleas, Case No. 13AP01-0019

For Plaintiff-Appellant WAYNE LINK.

For Defendant-Appellee MICHAEL C. MCPHILLIPS, Assistant Attorney General Mt. Vernon of the Ohio Attorney General, Education.

JUDGES: Hon. W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

(¶1} Appellant Wayne Link appeals a judgment of the Knox County Common Pleas Court affirming a decision of appellee Ohio State Board of Education denying his application for a short-term substitute teaching license.

STATEMENT OF FACTS AND CASE

(¶2} On December 28, 2011, appellant submitted an application to the Ohio Department of Education for a short-term substitute teaching license. On the application, appellant explained that his license to practice law had been indefinitely suspended by the Ohio Supreme Court.

(¶3} The Ohio Department of Education notified appellant on March 27, 2012, that a hearing would be held on appellant's application on October 2, 2012. The notice stated that on June 3, 1999, the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio (hereinafter "Board of Commissioners") unanimously determined that appellant's mental health was at issue and ordered him to undergo a psychiatric exam. Appellant failed to comply and was found in contempt by the Supreme Court of Ohio on March 16, 2000, and his law license remained suspended.

(¶4} On September 28, 2012, appellant notified the hearing officer by email that he would not be attending the hearing. The hearing went forward in appellant's absence.

(¶5} At the hearing, evidence was presented that the Columbus Bar Association filed a complaint against appellant with the Board of Commissioners alleging that on July 17, 1997, appellant engaged in violent behavior at a post office and was arrested. During the disciplinary proceedings, appellant's deposition was taken. Among other things, appellant testified in his deposition that he believed a Columbus attorney he once worked with was involved in an international conspiracy to sell military arms, he had been harassed by the postal service and the telephone company and he believed a Jewish conspiracy might be behind these problems, judges viewed him as the enemy and failed to give his clients fair consideration, people were controlling his clients, and people were waking him every two hours at night. Also as part of the disciplinary proceedings relating to appellant's law license, affidavits were presented concerning appellant's volatile behavior in court and his inability to control his temper. Evidence was presented that following a hearing before the Board of Commissioners, appellant was ordered to undergo a psychiatric evaluation. He failed to comply, was found in contempt of the Supreme Court of Ohio, and his law license has remained indefinitely suspended. As of the date of the October 2, 2012 hearing before the hearing officer on appellant's application for a substitute teaching license, appellant had not purged the contempt and his law license remained suspended.

(¶6} The hearing officer recommended that appellee deny appellant's application for a substitute teaching license pursuant to R.C. 3319.31(B)(1), which provides:

(¶7} "(B) For any of the following reasons, the state board of education, in accordance with Chapter 119. and section 3319.311 of the Revised Code, may refuse to issue a license to an applicant; may limit a license it issues to an applicant; may suspend, revoke, or limit a license that has been issued to any person; or may revoke a license that has been issued to any person and has expired:

(ΒΆ8} "(1) Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's ...


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