In re Application of Head

114 Ohio St. 3d 29
CourtOhio Supreme Court
DecidedMay 30, 2007
DocketNo. 2007-0353
StatusPublished
Cited by2 cases

This text of 114 Ohio St. 3d 29 (In re Application of Head) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Application of Head, 114 Ohio St. 3d 29 (Ohio 2007).

Opinion

Per Curiam.

{¶ 1} This cause is before us on the application of Kenya Danielle Head to take the Ohio bar examination and the recommendation of the Board of Commissioners on Character and Fitness.

{¶ 2} The applicant first applied to take the bar examination that was administered in July 2006. The board did not immediately approve her character and fitness because of allegations that (1) she had attempted to exert improper influence in appealing the denial of her request for special testing conditions to accommodate her disability and (2) she had failed to adequately disclose her disability as required in bar application materials. The board did not resolve these issues prior to the July 2006 bar exam, and the applicant subsequently applied to take the bar examination that was administered February 28 through March 1, 2007.

{¶ 3} A panel of the board heard the cause, and on February 9, 2007, the board adopted the panel’s recommendation and recommended disapproval of the application to take the February exam. The board also recommended, however, that we permit the applicant to apply to take the July 2007 bar examination. We accept the board’s recommendations.

The Applicant’s Request for Special Accommodations

{¶ 4} The applicant began attending Capital University Law School (“Capital”) in August 2003 and graduated in May 2006. She applied on November 12, 2004, to register as a candidate for admission to the practice of law in Ohio. On March 31, 2006, she applied to take the July 2006 bar examination, and shortly [30]*30afterward, the Butler County Bar Association’s admissions committee provisionally approved her character and fitness.

{¶ 5} The applicant requested that she be provided special testing accommodations when she takes the bar exam. She explained that during her first year of law school, she had had difficulty completing examinations within the time provided and that she had had panic attacks in the classroom during testing. Terry K. Thompson, Ph.D., Capital’s director of counseling services, counseled the applicant through one such attack during her first semester final exams. In February 2004, a nurse at Capital University Student Health Center referred the applicant to Dr. Debra A. Grayson. Grayson diagnosed the applicant with generalized anxiety, and prescribed medication.

{¶ 6} Thompson believed that the applicant might also have a learning disorder, and she suggested that the applicant see a specialist for an assessment. Thompson gave the applicant a list of such specialists, which included Nancy R. Krasa, Ph.D. Over the summer of 2004, Krasa evaluated the applicant by giving her a full range of intelligence, cognitive-functioning, and academic-achievement tests, and she discovered “distinct cognitive abnormalities” that possibly explained the applicant’s inability to complete tests within the usual allowed time. She could not reach a precise diagnosis, however, and referred the applicant back to her physician. Krasa also referred the applicant to a reading specialist.

{¶ 7} The applicant’s condition qualified her for special test-taking conditions under Capital’s policy of accommodating students with disabilities. During the applicant’s second and third years in law school, she took her exams in a room by herself and was given 50 percent more time than other students to complete her exams.

{¶ 8} The applicant asked the Board of Bar Examiners to give her similar accommodations when she takes the bar exam. The applicant submitted a report from Krasa on her disability and a report from Thompson on the accommodations she had received in law school. In a May 17, 2006 letter, the Board of Bar Examiners denied the applicant’s request, citing a special-accommodations consultant’s determination that the applicant’s condition did not satisfy the definition of disability in the Board of Bar Examiners Policy on Applicants with Disabilities. The letter also advised that the applicant could appeal the denial to the board chairman within ten days, that her appeal would be “conducted on the basis of the record compiled before the Board,” that she would be “limited to a written argument in support of [her] appeal,” and that the chairman’s decision would be final.

{¶ 9} Michael P. Morrison, the Chairman of the Board of Bar Examiners, and the applicant knew each other through Morrison’s wife, attorney Sarah Morrison. During the applicant’s first year at Capital, Sarah Morrison had supervised the [31]*31applicant in her work as a law clerk for Chester, Willcox & Saxbe, L.L.P. Sarah Morrison had befriended the applicant, and Michael Morrison sometimes joined them for lunch or on other social occasions. After her clerkship ended, the applicant maintained a friendship with the couple, especially with Sarah.

{¶ 10} The applicant decided to appeal the Board of Bar Examiners’ decision. She asked the special-programs officer for the Board of Bar Examiners how to prepare her appeal, but she was not satisfied with his response. She also consulted Grayson, who wrote a brief synopsis of the applicant’s medical condition for use in the appeal, and Thompson, who wrote a more detailed account of the applicant’s condition and also explained the special accommodations that Capital had afforded the applicant. In discussions with Thompson, the applicant mentioned that she knew someone “involved in the bar examination process” and asked Thompson whether it would be inappropriate to contact that person. Thompson replied that she saw nothing wrong with the applicant’s asking that person for guidance on what type of evidence she could submit with her appeal. The applicant then decided to ask the Chairman of the Board of Bar Examiners, Michael Morrison, how to present her case.

{¶ 11} On May 25, 2006, the applicant sent a long e-mail to Morrison in which she acknowledged that he would “make the final decision about [her] appeal” and asked for his guidance in preparing her appeal. The applicant introduced herself by reminding Morrison that she had formerly served as a law clerk for his wife. The applicant then described in great detail the difficulties she had experienced in obtaining a diagnosis of and treatment for her disability, the difficulties she had had in her studies before Capital arranged to accommodate her disability, and her “hysterical” reaction to the letter denying her request for special accommodations during the bar examination. She also pleaded with Morrison to grant the requested accommodations, writing, among other desperate entreaties, “I simply cannot function under the standard/normal testing conditions” and “I have not taken a test under standard conditions for 2 years — to start now would destroy me.” Before ending her one-and-one-half-page, single-spaced e-mail, the applicant once more referred to her friendship with Morrison’s wife (“You can ask Sarah about my character, as she has personally watched me transition through school as a very scared, frustrated and academically challenged student, to a more confident student, but only after accommodations were made”) before concluding the e-mail with the assurance that she was “not asking for any ‘favors’ ” from him in the disposition of her appeal.

{¶ 12} The applicant insisted at the panel hearing that she composed this email without any intention of influencing Morrison’s decision whether to grant her request for special accommodations. Given the wording of the applicant’s e-mail, however, neither the panel nor the board believed that the applicant had sent her [32]

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114 Ohio St. 3d 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-application-of-head-ohio-2007.