Justice Manuel Mendez
Paraprofessional Jeffrey sought to annul a Department of Education (DOE) determination. She was informed of an investigation based on allegations of corporal punishment by a student's parent. Jeffrey denied the allegations and Principal Hundley referred the matter to the Office of Special Investigations (OSI). Hundley informed Jeffrey that OSI had not rendered a decision, but in a letter stated she was investigating the complaint herself. Hundley concluded she could not determine if the parent's allegations were accurate, but based on statements by students, found Jeffrey utilized corporal punishment, suspending her without pay. DOE argued Hundley's letter was a final decision and Jeffrey failed to initiate this petition within four months, but also alleged as there was no final decision Jeffrey failed to exhaust her administrative remedies. The court stated DOE itself pointed out the letter was not a final decision, finding the petition was timely. It ruled for Hundley to substantiate allegations of corporal punishment against Jeffrey based solely on statements written by several special education second graders at someone else's prompting, after being unable to determine the truth of the original allegations, was arbitrary, granting Jeffrey's motion.