[Cite as Jones v. Columbus State Community College, 2009-Ohio-7182.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

TITUS L. JONES 

 Plaintiff 

 v. 

COLUMBUS STATE COMMUNITY COLLEGE 

 Defendant 

Case No. 2008-09414-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

{¶ 1} Plaintiff, Titus Jones, a student formerly enrolled at defendant, Columbus 

State Community College (CSCC), filed this action alleging 1) he was defamed by 

CSCC personnel; 2) was unjustly terminated from enrollment at CSCC based on an 

allegation that he did not disclose a past criminal record; 3) did not receive credit for 

classes paid for and completed at CSCC; and 4) CSCC staff improperly made available 

his school record to a third party without obtaining prior authorization. Plaintiff seeks 

damages in the amount of $2,500.00 claiming defendant acted maliciously causing him 

“much anguish.” The filing fee was paid. 

{¶ 2} Defendant specifically denied all allegations by plaintiff. Defendant related 

CSCC staff “never made statements about (plaintiff) that were not true to the best of its 

knowledge.” Defendant also related plaintiff was provided with academic credit for class 

hours he attended in 2007. Defendant denied plaintiff’s allegation that he was 

terminated from enrollment at CSCC. Defendant explained plaintiff “has been asked, 

and refused, to meet with its Student Code of Conduct Committee pursuant to its policy 
Case No. 2006-03532-AD - 2 - MEMORANDUM DECISION

before he is permitted to register for additional classes.” Furthermore, defendant denied 

plaintiff’s allegation that CSCC inappropriately shared plaintiff’s student information with 

a third party. Defendant asserted CSCC’s “actions toward (plaintiff) were at all times 

within the scope of its policies and procedures,” and consequently, not actionable. 

{¶ 3} Defendant submitted a “Timeline of Events” chronicling plaintiff’s 

enrollment history at CSCC and events forming the basis of this claim. Defendant’s 

evidence indicates plaintiff’s “initial enrollment” at CSCC began on March 31, 2003. 

Two years later on March 31, 2005, plaintiff filed an application (copy submitted) for 

Federal Work Study (FWS) employment with the Legal Aid Society (LAS) on a form 

provided by CSCC. This application contained the following question: 

{¶ 4} “Have you ever been convicted of a crime including misdemeanors, but 

excluding traffic violations? If so, explain including dates (use attachment if 

necessary).” 

{¶ 5} Plaintiff did not respond to the criminal conviction question. Plaintiff noted 

on the application he graduated from the University of Toledo in 1997 and that he had 

been laid off from his job at the Volunteers of America. Defendant checked this 

information and discovered plaintiff’s “employment with Volunteers of America had been 

terminated for dishonesty” and he had not graduated from the University of Toledo. 

Plaintiff signed the application giving CSCC permission to seek any copies of his arrest 

records available in Ohio. Plaintiff also signed the “Applicant’s Certification and 

Agreement”1

 provision on the application granting CSCC authorization to make a 

 1

 Plaintiff signed and dated this authorization: 

 “APPLICANT’S CERTIFICATION AND AGREEMENT 
Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

background check on him in regard to such things as work history, personal history, and 

criminal record. Defendant checked plaintiff’s “criminal background which reported 2 

felony convictions.” Upon discovering the two felony convictions on plaintiff’s record 

defendant informed plaintiff by letter (copy submitted) dated April 8, 2005 that he would 

not be placed in a work study position. Defendant advised plaintiff was also verbally 

informed that he was ineligible for FWS employment. On April 11, 2005, plaintiff had an 

appeal meeting regarding the employment ineligibility issue with CSCC Human 

Resources Department and the decision to deny employment was upheld. Defendant’s 

 

 “I certify that the facts set forth in the above employment application are true and complete to the 

best of my knowledge. I also understand that if employed, falsified statements on this application and 

during the interview process shall be considered sufficient cause for dismissal. If I am hired, I agree that 

my employment is for no definite period of time unless negotiated by contract and may be terminated, 

with or without cause or notice, at any time and for any reason by the College. I understand that no 

representative of the College has the authority to enter into any employment agreement contrary to the 

foregoing, except an officer of the College in writing. I agree that when my employment is terminated by 

retirement or otherwise, I must return all the employer’s property in my custody including, but not limited 

to, keys, manuals, books and equipment, before I am entitled to final payment of any amount due me on 

separation. YOU ARE HEREBY AUTHORIZED TO MAKE ANY INVESTIGATION OF MY PERSONAL 

HISTORY INCLUDING WORK HISTORY, POLICE BACKGROUND AND CONVICTION RECORD, AND 

CREDIT RECORD THROUGH ANY INDIVIDUAL, FORMER EMPLOYER, INVESTIGATIVE OR CREDIT 

AGENCIES, OR BUREAUS OF YOUR CHOICE. I understand that this information is confidential and I 

do hereby release Columbus State Community College, its public safety department and all individuals 
Case No. 2006-03532-AD - 4 - MEMORANDUM DECISION

Human Resources representative sent plaintiff a letter (copy submitted) that same day 

giving written notice of the decision to continue to deny employment based on the 

information received from plaintiff’s criminal background check. 

{¶ 6} On April 19, 2005, the CSCC Provost sent plaintiff written notice2

regarding defendant’s internal policy requirements for students with felony convictions 

to supply requested information. According to defendant’s “Timeline” plaintiff, on April 

25, 2005, submitted a time card for hours worked at LAS to the CSCC FWS 

Coordinator, who in turn informed plaintiff he was ineligible for FWS and would not be 

paid. In addition, the CSCC FWS Coordinator sent LAS a letter3

 (copy submitted) dated 

 

connected therewith from all liability related to the release of these records.” 2

 “It has been reported that you have been convicted of a felony. Should this be true, the college 

will need additional information from you regarding your legal past. A restriction has been placed on your 

file pending the receipt of this information. Please submit the following information: 

 “- Personal statement of why you want to attend Columbus State at this time. Please include 

statement regarding felony(ies) offense. 

 “- Type pf Felony(ies) 

 “- The specific nature of the felony charge(s) 

 “- Dates of all convictions. 

 “- Consequences of each felony conviction (sentence imposed). 

 “- Official arrest record from county of offense 

 “- Any misdemeanor crimes (excluding speeding or minor traffic offenses) of which you were 

convicted after the felony conviction. 

 “- Dates of those misdemeanor offenses (excluding speeding or minor traffic offenses). 

 “-Letter of recommendation (parole officer, employer, minister, etc.) 

 “Upon receipt of this letter you will have 30 calendar days, from the date printed on the letter, to 

provide the Admission Review Committee with requested information (please return all the information in 

one envelope). Mail the requested information to: Admissions Review Committee, Davidson Hall, Rm. 

233, Columbus State Community College, 550 East Spring Street, Columbus, OH 43215. The committee 

will review the information you provided and you will be notified of their decision in writing. If the 

documentation is received less than 30 days prior to the start of the quarter you initially intend to enroll, 

your application may not be able to be processed for your start that quarter. If you do not respond within 

the 30 days, your application will not be able to be processed.” 3

 Defendant provided this submission: 
Case No. 2006-03532-AD - 5 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 5 - MEMORANDUM DECISION

April 26, 2005 advising that plaintiff “does not meet college employability guidelines” 

and consequently plaintiff could not receive FWS funds for working at LAS. Defendant 

maintained the only communication from the CSCC FWS office to LAS in regard to 

plaintiff’s employment status was through the April 26, 2005 letter. Defendant reported 

plaintiff met with the CSCC Dean of Enrollment Services and the CSCC Director of 

Financial Aid on April 27, 2005 who both informed him they supported the decisions 

made by the CSCC FWS staff. According to defendant, plaintiff responded to this 

 

 “April 26, 2005 

 “Legal Aid Society of Central Ohio 

 “40 West Gay Street 

 “Columbus, OH 43215 

 “Attn: Marcia Paloff 

 “Dear Marcia: 

 “Thank you for expressing an interest in Columbus State Community College Federal work-study 

candidate Titus Jones. Unfortunately, he does not meet college employability guidelines; therefore we 

are unable to honor your request to place Titus Jones as a Federal Work Study student at Legal Aid 

Society of Central Ohio. If you should have additional questions or would like to further discuss the 

matter please do not hesitate to contact me. 

 “Best regards, 

 “Monika Wright 

 “FWS Coordinator/Financial Aid Advisor 

 “550 E. Spring St. 

 “Columbus, OH 43215 
Case No. 2006-03532-AD - 6 - MEMORANDUM DECISION

information by indicating his desire to withdraw from CSCC. Defendant denied plaintiff 

was told at this April 27, 2005 meeting that he would receive any payment through FWS 

for time worked at LAS. Apparently, plaintiff scheduled a follow-up meeting, but 

cancelled on April 29, 2005. 

{¶ 7} In his complaint plaintiff asserted defendant “informed a third party of (his) 

school record without permission while participating in the work study program.” 

Essentially, plaintiff contended this alleged act by defendant constituted the intentional 

infliction of emotional distress. The court finds from reviewing the evidence produced 

that the stated information supplied by defendant to a third party, had to be the April 26, 

2005 letter sent to LAS advising plaintiff “does not meet college employability 

guidelines” for FWS. R.C. 2743.16(A), the statute of limitations section as applied to 

actions in this court provides: “Civil actions against the state permitted by sections 

2743.01 to 2743.20 of the Revised Code shall be commenced no later than two years 

after the date of accrual of the cause of action or within any shorter period that is 

applicable to similar suits between private parties.” One of plaintiff’s stated actions is 

based on information defendant provided in a letter drafted April 26, 2005. Plaintiff filed 

this complaint on September 2, 2008. Any cause of action based on the April 26, 2005 

letter had to have been commenced in this court no later than April 26, 2007. This part 

of plaintiff’s claim was filed outside the appropriate statute of limitations. 

{¶ 8} Assuming plaintiff did timely file a claim grounded on the intentional 

infliction of emotional distress he would not prevail on the evidence presented. Plaintiff 

has failed to prove the necessary elements to find liability for the intentional infliction of 

 

 “614-287-3622.”
Case No. 2006-03532-AD - 7 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 7 - MEMORANDUM DECISION

emotion distress. 

{¶ 9} Under Ohio law, a plaintiff claiming the tort of intentional infliction of 

emotional distress must show: “(1) that the actor either intended to cause emotional 

distress or knew or should have known that actions taken would result in serious 

emotional distress to the plaintiff, (2) that the actor’s conduct was so extreme and 

outrageous as to go beyond all possible bounds of decency and was such that it can be 

considered as utterly intolerable in a civilized community, (3) that the actor’s actions 

were the proximate cause of the plaintiff’s psychic injury, and (4) that the mental 

anguish suffered by the plaintiff is serious and of a nature that no reasonable man could 

be expected to endure it.” Burkes v. Stidham (1995), 107 Ohio App. 3d 363, 375, 668 

N.E. 2d 982. 

{¶ 10} “It has not been enough that the defendant has acted with an intent which 

is tortious or even criminal, or that he has intended to inflict emotional distress, or even 

that his conduct has been characterized by ‘malice,’ or a degree of aggravation which 

would entitle the plaintiff to punitive damages for another tort. * * * The liability clearly 

does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or 

other trivialities.” Yeager v. Local Union 20 (1983), 6 Ohio St. 3d, 369, 374-375, 6 OBR 
Case No. 2006-03532-AD - 8 - MEMORANDUM DECISION

421, 453 N.E. 2d 666. 

{¶ 11} The Tenth District Court of Appeals has also addressed this issue and 

held that “to constitute extreme and outrageous behavior, the actions must go beyond 

all possible bounds of decency and can be considered as utterly intolerable in a civilized 

community.” Perry v. Speedway SuperAmerica, L.L.C., 2002-Ohio-1260. In the instant 

claim, no acts shown by defendant toward plaintiff constituted the intentional infliction of 

emotional distress. 

{¶ 12} On June 14, 2005, plaintiff’s grades for the 2005 Spring Quarter were 

posted. At this time, plaintiff had still not completed the felony review process 

requested in the April 19, 2005 letter sent by the CSCC Provost. Apparently, plaintiff 

had no further contact with CSCC until June 26, 2007 when he registered for classes 

there. 

{¶ 13} On July 23, 2007, defendant sent plaintiff a certified letter4

 (copy 

 4

 “July 23, 2007 

 “Dear Mr. Jones: 

 “Your enrollment at Columbus State Community College has been placed on a ‘pending status’ 

as a result of your felony conviction record. You will need to provide the following information about your 

legal past so the College’s Review Committee can determine your enrollment status: 

 “1. Personal Statement 

 “Complete the attached Personal Statement Form that provides additional information about your 

felony charge(s) and sentencing, the behaviors that led to these charges/convictions, any misdemeanor 

crimes you have been convicted of since your felony conviction(s), how you are trying to improve your life, 

and your academic plans at Columbus State. The Personal Statement Form must be signed and dated 

within the last 30 days. 

 “2. Arrest Record 

 “Submit an official arrest record from the county in which you were arrested for any felony as well 

as an official arrest record from the county in which you presently reside. The arrest record identifies the 

charges filed and the date(s) of conviction(s). If you have been convicted of any misdemeanor crimes 

since your felony conviction(s), please disclose this information on the Personal Statement Form (see #1 

above.) Do not include speeding or minor traffic offenses. The arrest records must be dated within the 
Case No. 2006-03532-AD - 9 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 9 - MEMORANDUM DECISION

submitted) to his last known address notifying him that his enrollment at CSCC had 

been placed on a “pending status” due to his felony conviction record. The letter 

contained specific instructions for plaintiff to supply information in order to have his 

 

last 30 days. 

 “3. Letter of Recommendation 

 “Submit a letter of recommendation from someone, such as an employer, minister, counselor, or 

parole/probation officer, who can verify you are ready to attend college and successfully complete a 

college-level academic program. Letters of recommendation from family members/relatives are not 

acceptable. The letter of recommendation must be dated within the last 30 days. 

 “Mail the requested information to: 

 “Columbus State Community College 

 “Admissions Office 

 “Attn: Admissions Review Committee 

 “Madison Hall, lower level 

 “550 East Spring Street 

 “Columbus, OH 43215 

 “Once all of the documents listed above are received, the Review Committee will review your 

information and notify you in writing of your next steps. Depending on your situation, you may be granted 

regular enrollment or you may be required to appear before the Committee for a personal interview to 

determine your enrollment status. Your enrollment status at the College will remain on a pending status 

until the review process is complete. 

 “If you have questions about the required documentation or the review process, please call (614) 

287-2669 or 287-5527 for additional information. Thank you for your interest in pursuing your education 

goals at Columbus State. 

 “Sincerely, 

 “The Review Committee” 
Case No. 2006-03532-AD - 10 - MEMORANDUM DECISION

enrollment status changed. The July 23, 2007 letter was returned to CSCC on August 

4, 2007 bearing the notation “RETURN TO SENDER ATTEMPTED NOT KNOWN 

UNABLE TO FORWARD.” 

{¶ 14} Defendant related plaintiff contacted the CSCC Dean of Enrollment 

Services on August 8, 2007 to attempt to “resolve a Summer 2007 scheduling issue.” 

Defendant further related that “[d]uring the discussion, Dean told (plaintiff) again about 

the requirement that he participate in CSCC’s felony review process before he could 

register for Fall classes.” Defendant explained that at some time during the discussion 

plaintiff, “became disruptive and (CSCC) security was called, an incident report (copy 

submitted) was completed.” Defendant asserted that at sometime during the interaction 

between plaintiff and CSCC Dean of Enrollment Services, Martin Maliwesky, plaintiff 

was provided with a copy of the July 23, 2007 undeliverable letter by Maliwesky. 

{¶ 15} The incident report referencing plaintiff’s behavior on August 8, 2007 was 

subsequently compiled by CSCC Police Department personnel and included witness 

statements from various CSCC employees who had interaction with plaintiff. No 

charges were ever filed against plaintiff and he was never detained in connection with 

any incident occurring at CSCC on August 8, 2007. The actual incident report was 

produced on October 12, 2007. Written witness statements were provided on August 9, 

2007. 

{¶ 16} In his complaint plaintiff alleged CSCC employees “slandered and libeled” 

him on August 8, 2007 “by fabricating an alleged act of disorderly conduct that was not 

committed by” him. Essentially, plaintiff advanced a claim of defamation by CSCC. 

Arguably, plaintiff’s cause of action for defamation could have accrued on August 9, 
Case No. 2006-03532-AD - 11 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 11 - MEMORANDUM DECISION

2007 when various employees at CSCC drafted statements in connection with plaintiff’s 

behavior at CSCC on that date. As has been previously stated, R.C. 2743.16(A), the 

statute of limitations for commencing actions in this court, states as follows: Subject to 

division (B) of this section, civil actions against the state permitted by sections 2743.01 

to 2743.20 of the Revised Code shall be commenced no later than two years after the 

date of accrual of the cause of action, or within any shorter period that is applicable to 

similar suits between private parties.” (Emphasis added.) 

{¶ 17} The Tenth District Court of Appeals has held that “R.C. 2743.16(A) applies 

to all actions against the state in the Ohio Court of Claims.” Talmon v. Ohio State 

Lottery Commission (Oct. 6, 1992), Franklin App. No. 92AP-693, citing Fellman v. Ohio 

Dept. of Commerce (Sept. 29, 1992), No. 92AP-457. The Supreme Court of Ohio 

explained that “[t]he rationale underlying statutes of limitations is fourfold: to ensure 

fairness to defendant; to encourage prompt prosecution of causes of action; to suppress 

stale and fraudulent claims; and to avoid the inconvenience engendered by delay, 

specifically the difficulties of proof present in older cases.” O’Stricker v. Jim Walter 

Corp. (1983), 4 Ohio St. 3d 84, 88, 4 OBR 335, 447 N.E. 2d 727, citing Harig v. JohnsManville Products Corp. (1978), 284 Md. 70, 75, 394 A. 2d 299 
Case No. 2006-03532-AD - 12 - MEMORANDUM DECISION

{¶ 18} R.C. 2743.16 specifies that shorter periods of limitation that apply to 

similar suits between private parties apply to civil actions against the state. R.C. 

2305.11(A) states, in part that “[a]n action for libel, slander, malicious prosecution, or 

false imprisonment * * * shall be commenced within one year after the cause of action 

accrued.” The court notes that the “statute of limitations begins to run when the 

allegedly defamatory words are first spoken” or published regardless of the aggrieved 

party’s knowledge of them. Miller v. Ohio Rehab. Serv. Comm. (1997), 86 Ohio Misc. 

2d 97, 100, 685 N.E. 2d 616.” Sabouri v. Ohio Dep’t of Job & Family Servs. (2001), 145 

Ohio App. 3d 651, 654, 763 N.E. 2d 1238 

{¶ 19} Plaintiff essentially maintained he was defamed when the CSCC Police 

Department compiled an incident report on October 12, 2007 relying on witness 

statements drafted on August 9, 2007. The incident report summarized an investigation 

into a “disorderly conduct-interfering with others” potential offense. For the purposes of 

this claim, the court shall determine the statements regarding plaintiff’s behavior on 

August 8, 2007 were first published on October 12, 2007. Since plaintiff filed his 

complaint on September 2, 2008, his claim for defamation falls within the appropriate 

statute of limitations and plaintiff is entitled to have his defamation claim decided on the 

merits. 

{¶ 20} In the October 12, 2007 incident report, CSCC employee, Amy Barends, 

provided a written narrative of her involvement with plaintiff on August 8, 2007. Barends 

recalled she “was contacted by a staff member in Madison Hall regarding a student 

(plaintiff) who would not comply with the directives given to him by office associates.” 

Barends pointed out plaintiff was not at Madison Hall when she arrived there and was 
Case No. 2006-03532-AD - 13 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 13 - MEMORANDUM DECISION

told he had left the building and was enroute to the CSCC President’s office. Barends 

related when she went to the President’s office she made contact with Valerie Wilson of 

Institutional Advancement, who provided information that plaintiff had apparently been 

at that office on August 6, 2007 and not August 8, 2007. Barends then returned to 

Madison Hall where she advised the three office associates who had interaction with 

plaintiff that witness statements from them would be needed. Barends reported she 

also contacted Dean of Enrollment Services, Martin Maliwesky, who apparently stated 

he became aware of prior situations with plaintiff after he had come to the office “on 

several occasions unannounced and disobeying the policies” of CSCC. Barends further 

reported she talked to an office assistant, Ms. Richey, who “encountered” plaintiff when 

he arrived at the lower level counter at Madison Hall asking her where Room 112 was 

located. According to Barends, Ms. Richey was unsure of the location of Room 112 but 

offered to find the location for plaintiff. Barends wrote “[a]t that moment he (plaintiff) 

barked back at her (Richie) ‘I will find it myself’ as he then proceeded to walk around the 

Admission Office after she advised him to come back.” Apparently, according to Richey 

as reported by Barends, plaintiff then “entered the International Office reception area 

and stood in the lobby. She (Ms. Richey) advised him that Room 112 was not in this 
Case No. 2006-03532-AD - 14 - MEMORANDUM DECISION

location. He (plaintiff) angrily stated ‘how would you know.’ ‘You didn’t know where it 

was in the first place.’” Barends noted plaintiff continued to refuse to leave the area 

when requested by both Richey and another CSCC employee, Denise Flowers. At 

some time later, according to the Barends report, plaintiff “encountered” CSCC 

International Enrollment Services employee, Jennifer Benmaimoun. Plaintiff was still 

looking for Room 112 which was located near Benmaimoun’s work station and when 

plaintiff found the room (Dean of Enrollment’s office) he attempted to enter the office 

unannounced. Barends wrote plaintiff “stated (Dean of Enrollment) Marty Maliwesky 

was expecting him.” Barends recorded plaintiff “threw his papers on (Benmaimoun’s) 

desk and began to rant and rave about the issues he was having.” According to 

Barends, plaintiff did not proceed into Maliwesky’s office unannounced and instead 

seated himself near Benmaimoun’s work station along the exterior wall after refusing a 

request to find a seat in the lobby area. Some time later, plaintiff met with Maliwesky 

without incident. Barends provided the following closing information: “Let it be noted 

this has been an ongoing distraction by Mr. Jones (plaintiff). He is under investigation 

for alleged criminal misconduct where as he could face possible charges. This 

investigation is not attached to this incident.” 

{¶ 21} As part of the incident report, defendant submitted four written witness 

statements from CSCC employees regarding their impressions when interacting with 

plaintiff in August 2007. Valerie A. Wilson, an employee at the CSCC Institutional 

Advancement Office, recalled she talked with plaintiff on Monday, August 6, 2007 when 

he came to that office to submit a letter to defendant’s employee, Dr. Moeller, 

expressing his dissatisfaction with the CSCC “felony reporting process.” Wilson related 
Case No. 2006-03532-AD - 15 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 15 - MEMORANDUM DECISION

plaintiff talked to her at length “about his history with CSCC, including his charge that a 

college employee (not sure if current) revealed his felony history to a possible 

employer.” Wilson advised plaintiff talked about other issues he had with CSCC and 

observed “[h]e was not abusive at all but he was very insistent about getting a reply 

from Dr. Moeller.” Wilson recalled plaintiff “mentioned the possibility of suing the 

college for various violations of his rights.” Wilson maintained she tried to provide 

assistance or direct plaintiff to other CSCC personnel to resolve his issues and upon 

taking his contact information he finally left the office. In describing her impressions of 

this meeting with plaintiff, Wilson stated, “I never felt physically threatened, but he was 

insistent, and went into way too much detail for the nature of his request.” 

{¶ 22} A second written statement in reference to her dealings with plaintiff on 

August 8, 2007, was provided by CSCC office associate at the International Enrollment 

Services, Jennifer Benmaimoun, who initially noted, “a man (plaintiff) very aggressively 

stormed into my office area” inquiring about the location of Room 112 (Dean of 

Enrollment Office). Benmaimoun recalled plaintiff discovered the location of Room 112 

himself, which “is located directly across from the International Enrollment Services 

entrance.” Benmaimoun reported plaintiff “said something to the effect of ‘I am looking 
Case No. 2006-03532-AD - 16 - MEMORANDUM DECISION

for room 112 which is right there and I will just see myself in’ and walked very 

aggressively in that direction.” Benmaimoun recalled she responded to plaintiff’s 

actions by asking him if he had an appointment to see the Dean of Enrollment Services 

and plaintiff replied “Marty Maliwesky should be expecting him.” According to 

Benmaimoun, at this point plaintiff “rudely threw his papers on my desk and began to 

rant about whatever issue he was having.” Benmaimoun related she requested plaintiff 

hold on to his papers and have a seat in the main lobby to wait to see Maliwesky, as 

that is standard appointment practice. Benmaimoun further related plaintiff “continued 

to be a distraction to myself and the students I was trying to assist.” Benmaimoun 

offered the following description of the ensuing moments: “[s]hortly thereafter, Denise 

Flowers (CSCC Office Associate Admissions) came back to my area and firmly 

addressed him (plaintiff) stating that he was interfering with our work and would need to 

be seated in the main lobby.” In response to this direction, according to Benmaimoun, 

plaintiff “took a seat along the exterior wall.” 

{¶ 23} Another written statement, signed by Denise Flowers, but apparently 

drafted by Patreshia Richey (part-time office associate in the CSCC Admissions Office), 

chronicles her (Richey’s) dealings with plaintiff on August 8, 2007 in the CSCC 

Admissions Office. Richey pointed out she first observed plaintiff when he approached 

her work station at the admissions desk and asked where Room 112 was located and 

Richey responded “I told him that I was not sure, yet I would find out for him.” Richey 

asserted plaintiff indicated he would find Room 112 himself and after walking about the 

Admissions Office he then entered the CSCC International Office area “where he stood 

in the lobby.” Apparently, from her description, Richey followed plaintiff into the 
Case No. 2006-03532-AD - 17 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 17 - MEMORANDUM DECISION

International Office lobby and informed him Room 112 was not located in the 

International Office. Richey recalled, in response to this information, plaintiff retorted, 

“[h]ow would you know. You didn’t know where it was in the first place.” Richey further 

recalled she then conversed with Jennifer Benmaimoun and advised her plaintiff “was 

looking for room 112, and was difficult to deal with.” Richey offered the following 

narrative describing her last involvement in the August 8, 2007 incident: “[w]hen I 

proceeded to walk out of the International Office past Mr. Jones, he said that without my 

help he was able to find room 112, and that anytime he could receive service would be 

great. I told him that since he was in the wrong office, that he would have to wait until 

those that were in the correct place were served. I advised him to sit in the Admission 

lobby area, yet he acted as if he didn’t hear me and refused to move. That is when I 

asked Denise (Flowers) to speak to Mr. Jones.” 

{¶ 24} A fourth statement from Denise Flowers was submitted. The following 

written statement is reproduced in its entirety: 

{¶ 25} “I was approached by part-time office associate Patreshia (Richey) that a 

gentleman was being rude and wouldn’t listen to her instructions on waiting to see Dean 

Marty. When I walked out of my office the student was standing in the international 
Case No. 2006-03532-AD - 18 - MEMORANDUM DECISION

area, where I approached him and asked him was he here to see the Dean he stated 

yes and looked me up and down. I said he was in the wrong area and was blocking the 

international reception area for the students to be seen and that he should have a seat 

till the Dean was available for his appointment. He didn’t respond and look at me like I 

wasn’t talking. I again stated that he needed to have a seat and not be standing in the 

international waiting area. He mumbled something then set down at the table in 

international totally disregarding my attempt to get him in the admission lobby waiting 

area. He was rude, (and) very uncooperative. Marty ask was it his appt. Mr. Jones? 

When I went to inform him of the situation.” 

{¶ 26} Defendant acted on the information provided by the investigation into 

plaintiff’s conduct on August 8, 2007 and sent plaintiff a letter to his known listed 

address on January 30, 2008. This letter from Dr. Janet M. Rogers, CSCC Dean of 

Student Life, notified plaintiff he was in violation of defendant’s student conduct policy 

and was requested to appear before the CSCC Student Conduct Committee on 

February 29, 2008. The letter from Dr. Rogers contained the following: 

{¶ 27} “Based on information provided to me from the Columbus State 

Department of Public Safety, it appears that you are in violation of Columbus State’s 

Student Conduct Policy No. 7-12(A), which prohibits students from engaging in ‘any 

behavior which compromises the health, safety, peace, or property of any other student 

or college staff member or in any way interferes with the operation of the college.’ This 

includes: 

{¶ 28} “(5) Disruptive or disorderly behavior including intoxication or indecent 

conduct and disruptive behavior in classes or on campus. 
Case No. 2006-03532-AD - 19 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 19 - MEMORANDUM DECISION

{¶ 29} “(6) Failure to obey the directive of an authorized college official in the 

performance of his/her duties. 

{¶ 30} “Specifically, on August 08, 2007 at approximately 2:30 p.m., it is alleged 

that you would not comply with the directives of Admissions personnel located in 

Madison Hall. It is also alleged that you have demonstrated disruptive and/or disorderly 

conduct while visiting offices on campus. The incident report and witness statements 

are enclosed for your information. 

{¶ 31} “As a result of the seriousness of the reported incident, I am requesting 

that you appear before the Student Conduct Committee on Friday, February 29, 2008 at 

2:00 p.m. in Aquinas Hall, Room AQ116. Possible witnesses to appear include 

Investigator Lisa Karas, Officer Ralph Harris, Martin Maliwesky, Valerie Wilson, Amy 

Barends, Denise Flowers, Jennifer Benmaimoun, and Patreshia Richey. 

{¶ 32} “Please note that a restriction has been placed on your file and you will not 

be able to conduct any registration activity, including adding or dropping classes or 

obtaining transcripts, pending resolution of this matter. Please carefully review the 

enclosed Student Handbook, pages 77-80, Student Code of Conduct Policy and 

Procedure No. 7-12.” 
Case No. 2006-03532-AD - 20 - MEMORANDUM DECISION

{¶ 33} Defendant advised that plaintiff requested a postponement of his February 

29, 2008 appearance before the Student Conduct Committee. Defendant apparently 

granted this request and pointed out plaintiff was sent a letter asking that he contact the 

officer to reschedule a hearing. There is no indication a hearing was ever held in regard 

to plaintiff’s conduct on August 8, 2007. 

{¶ 34} Based on the investigation conducted by CSCC Police Department 

personnel and the accompanying witness statements from CSCC employees regarding 

plaintiff’s conduct and demeanor on August 8, 2007, plaintiff has alleged he has 

demonstrated the elements to prove actionable defamation. The Tenth District Court of 

Appeals has held that the four elements of the common-law action of defamation are: 

{¶ 35} “(a) a false and defamatory statement concerning another; 

{¶ 36} “(b) an unprivileged publication to a third party; 

{¶ 37} “(c) fault amounting at least to negligence on the part of the publisher; and 

{¶ 38} “(d) either actionability of the statement irrespective of special harm or the 

existence of special harm caused by the publication.” Mallory v. Ohio Univ., 2001-Ohio8762, quoting 3 Restatement of the Law 2d, Torts (1977), 155, Section 558. The court 

concludes plaintiff, in the instant action, has failed to offer any evidence to establish all 

elements of actionable defamation have been met in regard to the investigation of the 

August 8, 2007 incidents. There is insufficient proof to establish any of defendant’s 

personnel made false and defamatory statements to a third party not affiliated with 

CSCC of the investigations regarding plaintiff’s conduct. Additionally, there is no 

evidence defendant acted negligently toward plaintiff. Also, plaintiff has not shown the 

statements made about his conduct were defamatory in their context or any statements 
Case No. 2006-03532-AD - 21 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 21 - MEMORANDUM DECISION

caused him harm. 

{¶ 39} “Under Ohio law, expressions of opinion are generally protected under 

Section 11, Article 1, of the Ohio Constitution * * * Whether a statement constitutes fact 

or opinion is a question of law to be determined by the court.” Ferreri v. Plain Dealer 

Publ. Co. (2001), 142 Ohio App. 3d 629, 639, 756 N.E. 2d 712. Upon review, the court 

finds that the alleged defamatory statements made by CSCC personnel constituted 

opinions. Therefore, plaintiff has failed to establish his claim referencing defamation in 

connection with defendant’s investigation. 

{¶ 40} Defendant’s evidence shows that before plaintiff was requested to appear 

before the CSCC Student Conduct Committee, the felony review process regarding 

plaintiff’s continued enrollment was completed. After a hearing on this subject, on or 

about November 8, 2007, plaintiff’s enrollment was suspended for a year. Defendant 

noted that although plaintiff was told he could appeal the suspension, no appeal request 

was verified. Defendant subsequently sent plaintiff a transcript of the felony review 

hearing. Defendant stated the transcript “was returned by the post office because it had 

not been picked up.” Plaintiff did eventually receive a recorded copy of the hearing 

transcript on or about February 5, 2008. 
Case No. 2006-03532-AD - 22 - MEMORANDUM DECISION

{¶ 41} In his complaint, plaintiff claimed defendant “terminated his enrollment 

without just cause (and) failed to provide (him) with credit for classes completed and 

paid for in the amount of $800.00. Plaintiff alleged these stated acts constituted a 

breach of contract. Plaintiff also claimed defendant was unjustly enriched; accepting 

tuition payment and then failing to grant credit for classes completed. Conversely, 

defendant maintained plaintiff was provided with academic credit with all classes he 

completed during the 2007 Summer Quarter. Defendant observed plaintiff “asked for a 

refund or academic credit for the class hours he attended in 2007.” It does not appear 

from the documentation submitted that defendant accepted tuition payments from 

plaintiff and then failed to grant him credit for classes completed. Furthermore, 

defendant denied plaintiff was terminated from classes. Defendant explained plaintiff 

“has been asked, and refused to meet with (the CSCC) Student Code of Conduct 

Committee pursuant to its policy before he is permitted to register for additional 

classes.” Defendant denied the actions taken by CSCC in connection with plaintiff’s 

enrollment status constituted a breach of contract. Plaintiff did not respond to the 

assertions made by defendant and did not offer any evidence in rebuttal to defendant’s 

evidence. 

{¶ 42} It is well recognized that when a student enrolls in a college or university, 

pays his or her tuition and fees, and attends the school, the resulting relationship is 

construed as contractual in nature. Behrend v. State (1977), 55 Ohio App. 2d 135, 138, 

9 O.O. 3d 280, 379 N.E. 2d 617. The terms of the contract between the university and 

the student are generally found in the college catalog and handbooks applied to 

students. Embrey v. Central State University (October 8, 1991), Franklin County App. 
Case No. 2006-03532-AD - 23 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 23 - MEMORANDUM DECISION

No. 90AP-1302; Smith v. Ohio State Univ. (1990), 53 Ohio Misc. 2d 11, 13, 557 N.E. 2d 

857. However, where the contract permits, the parties may modify the terms by mutual 

agreement. Ottery v. Bland (1987), 42 Ohio App. 3d 85, 87, 536 N.E. 2d 651. In the 

instant claim, plaintiff has failed to produce any evidence to establish defendant did not 

perform under the contract. See Revay v. Cleveland State Univ., Ct. of Cl. No. 2002-

04003-AD, 2003-Ohio-101. Plaintiff has failed to show CSCC retained tuition money 

and did not issue him a grade for a course completed. 

{¶ 43} Additionally, plaintiff has failed to prove defendant acted improperly in 

altering his enrollment status based on his failure to provide sufficient information 

regarding past felony convictions. Evidence has shown plaintiff was given a hearing 

and opportunity to participate in the felony review process. Evidence has shown that 

plaintiff was suspended from enrollment for one year pursuant to his hearing and he 

was notified of his right to appeal the decision to suspend his enrollment. A court is 

required to defer to academic decisions of a college unless it perceives “* * * such a 

substantial departure from accepted academic norms as to demonstrate that the person 

or committee responsible did not exercise professional judgment * * *.” Bleicher v. Univ. 

of Cincinnati (1992), 78 Ohio App. 3d 302, 308, 604 N.E. 2d 783, quoting Regents of 
Case No. 2006-03532-AD - 24 - MEMORANDUM DECISION

the Univ. of Mich. v. Ewing (1985), 474 U.S. 214, 225, 88 L. Ed. 2d 523, 106 S. Ct. 507. 

The standard of review is not merely whether the court would have decided the matter 

differently but whether the university action was arbitrary and capricious. Bleicher. 

See, also, Bd. Of Curators of Univ. of Mo. v. Horowitz (1978), 435 U.S. 78, 91, 55 L. Ed. 

2d 124, 98 S. Ct. 948. Plaintiff has failed to prove defendant acted in such a manner as 

to establish liability in handling the matters of plaintiff’s enrollment status. Plaintiff’s 

claim is denied. 

 

 

 

 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

TITUS L. JONES 

 Plaintiff 

 v. 
Case No. 2006-03532-AD - 25 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 25 - MEMORANDUM DECISION

COLUMBUS STATE COMMUNITY COLLEGE 

 Defendant 

Case No. 2008-09414-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF ADMINISTRATIVE DETERMINATION

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 
Case No. 2006-03532-AD - 26 - MEMORANDUM DECISION

Beverly J. Corner Christa T. Metger 

5918 Sharon Woods Blvd. Assistant Attorney General 

Suite 100 Education Section 

Columbus, Ohio 43229 30 East Broad Street, 16th Floor 

 Columbus, Ohio 43215 

RDK/laa 

11/4 

Filed 12/22/09 

Sent to S.C. reporter 4/7/10