Carole P. Slater, Petitioner, v. Pennsylvania Dept. of Education, Respondent 725 A.2d 1248 (Pa.Cmwlth.1999).

Facts of the Case

On January 8, 1997 Carol P. Slater was arrested on charges of endangering the welfare of children, selling/furnishing liquor to minors and corruption of minors. Because these charges involved crimes of moral turpitude, The Pennsylvania Department of Education filed Notice of Charges and motion for summary judgment with Professional Standards and Practices Commission seeking the suspension of Slater's teaching certificates in accordance with Section 5 (2)(11) of the Law. Slater filed a response to the Notice of Charges and the motion for summary judgment requesting that the charges be dismissed and that she be given an evidentiary hearing during which she could present evidence that her husband had instigated the charges to benefit him in a contentious divorce action. The Commission notified Slater that it would consider the Department's motion on July 7 1997 and that she was entitled to he heard on that date. At the hearing on July 7, 1997, the only matter to be considered was whether she was indicted and whether it was for a crime of moral turpitude. The merits of the underlying charges were not considered. Counsel for the Department appeared and present arguments in support of its motion for summary judgment. Slater did not appear and did not submit a written response. The Commission granted the Department's motion for summary judgment and ordered the suspension of her teaching certificate. Slater appealed to the Commonwealth Court and argued that Section 5(2)(11) of the Law violated her due process rights and was unconstitutional because it required the suspension of her certificate and deprived her of a property interest on the basis of the indictment without providing her a hearing before the Commission to determine if she had committed the behavior upon which the indictment was based.

Decision of the Court

On February 22, 1999, Commonwealth Law reversed the order of the Professional Standards and Practices Commission, which had suspended Slater's certificate.

Basis for the Decision

Commonwealth Court based its decision on Petron v. Department of Education 726 A.2d 1091 (PA Cmwlth., 1999), filed February 22, 1999). Based upon Petron, the court concluded that, as applied to Slater, section 5(2)(11) of the Law did not afford minimal due process protection.

Written by Kim Markunas & Patti Marr, July 13, 1999.