Are Unsolicited Letters Sent by Parents Regarding the Basketball Coach Records to Begin Investigation Against Him ?
In State ex rel. Sensel v. Leone (1999), 85 Ohio St.3d 152, 707 N.E.2d 496, the Ohio Supreme Court issued a two sentence opinion, reinstating the trial court's judgment on the basis of Whitmore, supra.
In Sensel, relator sought unsolicited letters sent from parents to respondent, Dr. Leone, Talawanda School Superintendent, regarding the school's basketball coach. Dr. Leone received approximately twelve letters from parents of current and former players' parents regarding the coach, after one parent alleged that the coach abused her son.
After reviewing the letters, Dr. Leone determined that an investigation into allegations of abuse was unnecessary and disposed of the parents' letters.
The trial court, whose judgment the Ohio Supreme Court reinstated, implicitly found that the parents' letters were not "records" and that Dr. Leone did not violate R.C. 149.351 by disposing of them.