Facts: AP received a complaint from ASHA filed by her former school district. The complaint alleged that she refused to comply with policy after her resignation and did not provide the school with her treatment session notes and assessments. AP retained other counsel who provided a response to the complaint. After analysis of the response ASHA issued AP a proposed public disciplinary sanction finding violations for not providing the records and that the quality of the records was also below the standard of care. AP retained the firm after receiving the proposed sanction and we rejected the offer and requested a hearing.
Outcome: ASHA set the matter for a hearing, and the firm drafted a rebuttal brief to the allegations and proposed sanction. Prior to drafting the rebuttal, the firm determined that not all the original treatment records were turned over to ASHA by AP’s original attorney. The firm provided the missing records which included the detailed individualized assessments of all of AP’s students. At the hearing AP testified to why she did not turn over the records. It was made clear during the hearing- unlike in her original response to the complaint- that the school did have copies of all her records uploaded to the school’s online system. Based on that, AP felt that they were only asking for records to harass her since she assumed they had assess to the online system. After consultation with the firm, AP acknowledged during the hearing that she could have communicated better with the school and been clearer about what records she assumed they had or did not have. After the hearing ASHA dismissed the case.