Marlow appeal hearing set for Jan. 13
by Michelle Babcock
January 01, 2014 10:16 PM | 3549 views | 2 2 comments | 12 12 recommendations | email to a friend | print
Kelly Marlow
Kelly Marlow
Cherokee School Board member Kelly Marlow now hopes to overturn her ethics violation sanction with an appeal hearing before the state Board of Education, set for Jan. 13.

Matt Cardoza, spokesman for the state Department of Education, said the hearing is set for noon, and a decision on Marlow’s appeal should come early in February.

“Typically, after oral argument is heard, a decision is rendered by the following months’ board meeting. On average, the appeal process takes two to three months,” Cardoza said Tuesday. “This matter was docketed in November and a decision could be adopted by the state Board of Education at their February meeting, but that’s not certain.”

Marlow was sanctioned by the Cherokee School Board on Oct. 2 for violating its code of ethics policy by sending a letter to the school accrediting agency AdvancEd, calling for an investigation.

She appealed the decision Nov. 1 and requested to have her appeal heard by the state Board of Education. The hearing is expected to take place at the State Department of Education building in Atlanta, Cardoza said.

According to Georgia Code, the state board will produce a written order stating their decision to deny or grant Marlow’s appeal within 25 days after the hearing.

With a hearing date of Jan. 13, the last day the state board could make a decision on Marlow’s appeal is Feb. 7.

According to Georgia Code, Marlow may be represented by counsel at the hearing, but no new evidence will be allowed in the arguments.

“The argument shall be confined to the issues in the record and the evidence transmitted from previous proceedings,” the code states. “No new evidence shall be received. The state board shall not consider any question not specifically raised in the written appeal or the statement of contentions.”

Cardoza said briefs had been filed by both parties involved, as required by law.

“Briefs were timely filed by both parties,” Cardoza confirmed Tuesday.

Marlow’s brief was received Dec. 9 and the School District’s brief was received Monday, he said

If denied her appeal, Marlow can appeal the state’s decision to the Superior Court in Cherokee County, according to Georgia Code.

Comments-icon Post a Comment
Enough is enough
January 02, 2014
Who is funding this nonsense? The lawyers, court fees, etc, have got to be adding up with all her ethics violations and felony charges. Her ethics violation punishment was basically a slap on the wrist. Why appeal? Is she delusional enough to think Cherokee County would EVER make the mistake of electing her to ANY position again?
January 01, 2014
Will this lady ever get out of the headlines? The next article I want to see should be titled, "Marlow resigns, moves to Colorado."
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