People
Kate Vivian Davis
Kate frequently partners with K-12 and higher education institutions on civil rights and Title IX issues. Kate has conducted independent investigations for public entities and assists clients with Title IX policy revision and training. She has trained dozens of educational institutions on the new Title IX regulations. Kate also served as an assistant general counsel at a large public university. In this role, she represented and provided direct legal advice to a variety of university departments, including the President, Provost, and the Office of Equal Opportunity. She provided guidance and training on public records and Open Meetings Act issues and student privacy issues, including the Family Educational Rights and Privacy Act (FERPA). She also represented the university during investigations by the Office of Civil Rights, and participated in employment related litigation.
Experience
-
Open Meetings Act and due process challenge against a school board
Defended a school board against an Open Meetings Act and due process challenge filed by a terminated school employee. The Ohio Supreme Court ruled that the terminated employee had no right under ORC Section 121.22 to compel the school board to hold the hearing on his discharge in public.
-
R.C. 3319.16 superintendent termination hearing
Obtained hearing officer decision recommending termination of school superintendent based on falsification of student attendance data.
-
School employee termination defense
Obtained a favorable ruling from the Supreme Court of Ohio in a case involving a challenge by a non-teaching school employee who claimed the Board of Education violated the Open Meetings Act by deliberating about the decision to terminate his employment in executive session. The Court rejected the appellant’s argument that an employee’s “Loudermill” hearing rights could serve as a basis to demand that deliberations about his employment occur in public. This decision sets favorable precedent for districts and public bodies across the State of Ohio.
Professional & Community Activities
- Member, National School Boards Association – Council of School Attorneys
- Member, Ohio Council of School Board Attorneys
- Member, Education Law Association
Presentations & Published Works
- Speaker, "Collective Bargaining," OSBA conference, September 2019
- Speaker, "Social Media in Schools," administrator in-service, August 2019
- Speaker, "Student Discipline Issues," administrator in-service, July 2019, July 2018
- Speaker, "Legal Update," May 2019
- Speaker, "Employee Discipline," administrator in-service, April 2019
- Author, "Lame Duck Legislation," OASSA Update, February 2019
- Speaker, "Custody, Attendance and Foreign Student Issues," OASSA/OAESA Legal Seminar, February 2019
- Speaker, "Title IX and Sexual Harassment Investigations," administrator and staff in-service, February 2019
- Speaker, Lame Duck Legislation webinar, January 2019
- Speaker, "HR Issues," administrator in-service, December 2018
- Speaker, "Trends in Collective Bargaining," OSBA Capital Conference, November 2018
- Speaker, "Sexual Harassment and Title IX," OASSA Fall Conference, October 2018
- Speaker, "Title IX and Sexual Harassment Investigations," administrator and staff in-service, October 2018
- Speaker, "Title IX," administrator and staff in-service, August 2018
- Author, "Back to School Primer on Attendance and Custody Issues," OASSA Update, August 2018
- Speaker, Student Discipline Issues, Teacher In-Service, August 2016
- Speaker, “Stop Sexual Harassment,” Supervisor Training, July 2016
- Speaker, “OASBO Employment Update: FMLA, Garnishment and Severance Issues,” February 2016
- Speaker, “Assessment and Curriculum Changes, “OSBA presentation, September 2015
- Speaker, “Student Discipline and Special Education," Administrator’s In-Service, August 2015
- Speaker, “Teacher Evaluation and OTES,” August 2015
- Speaker, “Teacher Evaluation and Discipline,” Administrators’ In-Service, August 2015
- Speaker, “Impact of Obergefell v. Hodges on Public Schools, ESC In-Service, July 2015
- Speaker, “Transgender Student Issues,” Midwest Ohio ESC In-Service July 2015
- Speaker, “Managing Employee Leave Requests,” ESC Administrators’ Retreat, July 2015
Bar Admissions & Activities
- Admitted, State of Ohio
- Admitted, Federal District Court, Northern District of Ohio
- Admitted, Federal District Court, Southern District of Ohio
- Admitted, United States Court of Appeals for the Sixth Circuit
- Admitted, United States Supreme Court
- Member, Ohio State Bar Association
- Member, Cincinnati Bar Association
Education
- The Ohio State University (J.D.), 2003, Order of the Coif; Staff member, Ohio State Law Journal
- Miami University (B.A., magna cum laude, political science), 2000, Phi Beta Kappa