Lisa Boggs

Special needs student may be disciplined for conduct that is not attributable to his disability.

Petitioner, a high school student with special needs, was found to be in possession of a bottle of tequila while on campus.  After a Manifestation Determination Review Committee determined that his conduct was unrelated to his disability, Petitioner was suspended for the remainder of the school year, though he could receive home-based services. Petitioner’s representatives […]

Special needs student may be disciplined for conduct that is not attributable to his disability. Read More

State employee discharged for sending threatening e-mail.

The Department of Corrections suspended, and thereafter terminated Petitioner, a classified employee, for sending an e-mail containing threatening language and vivid descriptions of violence to another employee.  Petitioner appealed, contending that the purpose of the e-mail was to point out deficits in workplace security.  The Court upheld Petitioner’s termination inasmuch as a reasonable person would

State employee discharged for sending threatening e-mail. Read More

Nursing license revoked for criminal conviction and failure to notify licensing authority.

Respondent, a licensed practical nurse, was convicted of theft by taking, a felony, and thereafter failed to notify the Georgia Board of Nursing (the Board) within the mandated time period, whereupon the Board instituted disciplinary proceedings against her license.  The Court recommended that Respondent’s license be revoked based upon the gravity of the criminal offense

Nursing license revoked for criminal conviction and failure to notify licensing authority. Read More

Educator’s criminal convictions warrant three-year suspension, but not revocation, of teaching certificate.

Petitioner, an educator, pled guilty to possession of cocaine, a felony, as well as three misdemeanor convictions, and was sentenced to probation.   In light of Petitioner’s criminal convictions, the Professional Standards Commission recommended revocation of her teaching certificate.  However, the Court found that the Commission’s proposed sanction was too harsh and inappropriate in light of

Educator’s criminal convictions warrant three-year suspension, but not revocation, of teaching certificate. Read More

Suspect placed in handcuffs for transport to hospital was under custodial arrest absent indicia to the contrary.

An arresting officer’s testimony that he placed a suspect in handcuffs for transport to the hospital by ambulance sufficiently established that the suspect was under custodial arrest.  The officer’s subsequent reading of the implied consent notice was therefore proper and timely.

Suspect placed in handcuffs for transport to hospital was under custodial arrest absent indicia to the contrary. Read More

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