People

Kate Vivian Davis

Kate Davis is a member of Bricker & Eckler's Education group and practices in the firm's Dayton office. She counsels public sector clients on a variety of issues with a particular emphasis on labor and employment matters, including collective bargaining, grievance arbitration and representing employers before the State Employment Relations Board. She also partners with school districts and higher education institutions on a variety of issues, including administration of policies, public records issues, student affairs, constitutional issues, real property tax valuation and exemption laws and compliance with federal laws. Kate regularly advises clients regarding employment and labor-related matters involving Title VII, FMLA, ADEA, ADA, FLSA and R.C. Section 4112 issues, and frequently assists clients with policy revision and training.

"After much research, I chose Bricker & Eckler’s Title IX trainings to use with the educators in West Kentucky. We have been extremely pleased with how thorough, clear and engaging each of the trainers have been. Kate Davis has been such an excellent resource and so easy to work with. Thank you, Bricker & Eckler for such a quality experience! "

Gretchen Wetzel, West Kentucky Educational Cooperative

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