Professional Experience
Kate practices in the areas of education law, labor and employment law, labor relations and collective bargaining, and litigation services. She has negotiated numerous labor contracts and counseled clients on bargaining issues from behind the scenes. Kate has successfully represented employers at labor arbitrations brought by unions and employees and has prosecuted and defended unfair labor practice charges at the State Employment Relations Board. She has represented school districts in teacher termination cases at both the administrative and appellate levels.
Kate has represented public and private sector clients in employment and labor related litigation involving Title VII, FMLA, ADEA, ADA, FLSA, intentional torts and R.C. Section 4112 issues. Kate has successfully litigated mandamus actions and breach of contract claims. Kate has represented employers before administrative agencies such as the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, and the State Employment Relations Board.
Kate counsels school districts, including community schools, in all facets of school law including administration of policies, student discipline, special education, public records issues, constitutional issues, litigation and real estate. Kate also analyzes and drafts personnel policies for both public and private sector employers.
Areas of Emphasis
Education Law
Kate has advised and represented school boards on many different matters including:
- Collective bargaining with teaching and non-teaching employees;
- Labor arbitration;
- Drafting board policy;
- IEP meetings, special education state complaints, 504 and IDEA due process complaints;
- Drafting memorandums of understanding between boards and unions;
- Administrative appeals and civil litigation;
- Interpreting and applying collective bargaining agreements;
- Student legal issues, including challenges to board policies, discipline, and First Amendment issues;
- Public records and sunshine law issues, along with student and staff privacy concerns;
- School construction litigation;
- Acceptable use policies;
- Personnel issues, including terminations, evaluations, and disciplinary matters;
- Negotiating and drafting severance agreements;
- School real estate matters; and
- Community school issues.
Employment and Labor Law
Kate has represented and assisted employers in a broad range of legal issues including:
- Family Medical Leave Act, Americans with Disabilities Act, and Fair Labor Standards Act issues;
- Policy manuals;
- Inservice training on policies and practices, including anti-harassment and public records policies;
- Advising clients on general personnel issues, including hiring, discipline and discharge;
- Records retention and destruction; and
- Defending employers in litigation before the Equal Employment Opportunity Commission, the Ohio Civil Rights Commission, and the State Employment Relations Board.
Labor Relations and Collective Bargaining
Kate has assisted employers in many aspects of employer-employee relations, including:
- Arbitrating grievances that arise under a collective bargaining agreement;
- Participating in and leading negotiations sessions, drafting initial proposals and counterproposals, and advising employers regarding responses to union initial proposals and counterproposals;
- Prosecuting and defending unfair labor practices; and
- Representing employers in mediation
Litigation
Kate has a broad range of litigation experience, such as:
- Defending public and private employers against charges of discrimination, sexual harassment, intentional torts and wrongful termination;
- Mandamus actions; and
- Obtaining or defending against motions for injunctive relief.
Presentations
- "Collective Bargaining Strategies for 2011", February, 2010
- Administrator Legal In-Service, February, 2010
- "Special Education, Bullying, and Public Records Requests," School In-Service, August, 2009
- "Criminal Background Checks and Reporting Requirements," Muskingum College Masters Level Course, October, 2008 - August, 2009
- "Negotiating Superintendent and Treasurer Separations from Employment," Ohio School Boards Association Employment Law Workshop, April, 2008
- "Reporting Requirements and Jarod's Law," Ohio University Leadership Project Superintendents' Cohort, February, 2008
- "Handling Teacher Termination and Student Discipline Hearings," Ohio School Boards Association Capital Conference, November, 2007
- "Handling Student Discipline Hearings," Ohio School Boards Association Capital Conference, November, 2006
- "Drafting Discipline Documents and Disciplinary Settlement Agreements," MEDS-PDN Disciplining Public Employees in Ohio Seminar, July, 2005 & 2006
- "Harassment in the Workplace," Dole Fresh Vegetables, Inc. management seminar, December, 2005
- "Handling Challenging Public Records Requests," Ohio School Boards Association Capital Conference, November, 2005
- "Ohio Public Records Law," Ohio Association of School Business Officials New Treasurers Workshop, October, 2005
- "Workplace Harassment and Internal Investigations and The Fair Labor Standards Act," Public Employer Employment Law Seminar, December, 2004
Professional & Community Associations
- National School Boards Association - Council of School Attorneys
- Ohio State Bar Association
- Education Law Association
- Cleveland Metropolitan Bar Association
- Columbus Bar Association
- Ohio Council of School Board Attorneys
- Central Ohio Labor and Employment Relations Association
- Women Lawyers of Franklin County
Education
The Ohio State University Moritz College of Law, J.D., 2003, cum laude,
Member, Ohio State Law Journal, and Order of the Coif
Miami University, B.A., 2000, magna cum laude
Licensed to Practice
- All Courts in Ohio
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Northern and Southern Districts of Ohio
- U.S. Supreme Court
Recent PublicationsMay 2, 2012 - "New ruling challenges employers to defend against age discrimination claims," Crain's Cleveland Business (Legal Guest Blog)April 2012 - "EEOC Issues ADEA Regulation" |
