California OAH special education order · July 11, 2014
Order Dismissing Order to Show Cause
OAH Case No. 2014051179 · ALJ Bob N. Varma
OAH dismissed its order to show cause against Newport-Mesa, finding the special education director's false claim of a hearing-date conflict was an unintentional error, not bad faith, so no sanctions were warranted.
Summary
OAH issued an order to show cause after Newport-Mesa's special education director stated in a declaration supporting a reconsideration request that the district had a conflicting matter on the hearing date, when no such conflict existed. All parties filed responses with sworn declarations, and Student also asked for attorney's fees. After a telephonic hearing, OAH found the error was not intentional, not made in bad faith or to cause delay, and that the reconsideration request was not frivolous. OAH dismissed the order to show cause and declined to impose sanctions or shift costs.
Why it matters
Sanctions in OAH cases generally require bad faith, frivolous conduct, or tactics meant to cause delay, so an honest mistake in a sworn declaration may not be enough. Parents seeking fees as a sanction must show the error was intentional or done in bad faith.
People named in the order
- Maureen Cottrell, Special Education Director, Newport-Mesa Unified School District
- Phillip W. VanAllsburg, Attorney for Student
- Adam J. Newman, Attorney for Newport-Mesa
- Kristin M. Myers, Attorney for Newport-Mesa
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014051179 v. ORDER DISMISSING ORDER TO
SHOW CAUSE
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT.
On June 30, 2014, the Office of Administrative Hearings issued an Order to Show Cause Why Party or Its Attorney Should Not Be Sanctioned or Ordered to Pay Costs. The Order to Show Cause was based upon information submitted to OAH in the declaration of Maureen Cottrell, special education director for Newport-Mesa Unified School District (Newport-Mesa), wherein Ms. Cottrell asserted Newport-Mesa having a conflict with another matter on the hearing date in this case even though no such conflict existed. The declaration was dated June 25, 2014, and filed in support of a request for reconsideration by Newport- Mesa, filed on June 26, 2014.
Pursuant to the Order to Show Cause all parties filed a response, supported by various sworn declarations. Additionally, Student filed a request for attorney’s fees as a response to the Order to Show Cause. On July 11, 2014, a telephonic hearing was held on the Order to Show Cause. Phillip W. VanAllsburg, attorney at law, appeared on behalf of Student. Adam J. Newman and Kristin M. Myers, attorneys at law, appeared on behalf of Newport-Mesa.
Ms. Cottrell also appeared on behalf of Newport-Mesa.
Having considered all of the pleadings from the parties and additional oral argument at the telephonic hearing, OAH is satisfied that the error in Ms. Cottrell’s declaration was not intentional, was not done in bad faith or to cause unnecessary delay; and, the request for reconsideration based on erroneous information was not a frivolous motion. Accordingly, no sanctions or cost shifting is warranted. The Order to Show Cause is dismissed.
IT IS SO ORDERED.
DATE: July 11, 2014
/S/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings