[Cite as Fendley v. Wright State Univ., 2019-Ohio-1963.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Ryan Fendley, : Plaintiff-Appellant, : No. 18AP-113 v. : (Ct. of Cl. No. 2015-1059) Wright State University, : (REGULAR CALENDAR) Defendant-Appellee. : D E C I S I O N Rendered on May 21, 2019 On brief: Eberly McMahon Copetas LLC, Theodore C. Copetas, and David A. Eberly, for appellant. Argued: Theodore C. Copetas. On brief: Dave Yost, Attorney General, Lee Ann Rabe, and Jeanna V. Jacobus, for appellee. Argued: Jeanna V. Jacobus. APPEAL from the Court of Claims of Ohio KLATT, P.J. {¶ 1} Plaintiff-appellant, Ryan Fendley, appeals a judgment of the Court of Claims of Ohio in favor of defendant-appellee, Wright State University. For the following reasons, we reverse that judgment and remand this matter to the trial court. {¶ 2} Wright State employed Fendley as an unclassified staff member for 11 years. In May 2015, Fendley was working as the senior advisor to the provost when the university placed him on indefinite paid administrative leave. David R. Hopkins, then the president of Wright State, instituted the leave because the federal government was investigating whether Fendley, along with two other Wright State employees, had engaged in visa fraud. No. 18AP-113 2 On May 4, 2015, Hopkins informed Fendley about the federal investigation and handed him a letter, which, in relevant part, stated: As you are aware, Wright State University continues to cooperate with an ongoing outside investigation. The University has begun its own internal investigation, as well. In furtherance of the investigations, the University hereby places you on paid administrative leave from your position as Senior Advisor until further notice. (Pl.'s Ex. 4.) {¶ 3} In August 2015, Hopkins met with federal attorneys to discuss the ongoing visa fraud investigation. After that meeting, Hopkins believed that "three individuals employed by Wright State had conspired to commit visa fraud," and he decided that "it was in the best interest of the university to remove all three from * * * their administrative positions." (Tr. at 82.) Fendley was one of those individuals. Consequently, in a letter to Fendley dated August 12, 2015, Hopkins stated: You were informed on May 4, 2015 that you were being placed on a paid administrative leave as a result of an ongoing outside investigation, as well as an internal investigation. Subsequent to your paid administrative leave and as a result of the ongoing investigation, I have determined that it is in the University's best interests to end our employment relationship with you. As a result, this letter is to inform you that you are being terminated from your position at Wright State University, effective Wednesday, August 12, 2015. (Pl.'s Ex. 5.) {¶ 4} At the time of Fendley's firing, an employment policy known as the Wright Way Policy No. 4004 governed the conditions of employment for the unclassified staff. Wright Way Policy No. 4004.1, entitled "Termination Notification," provided: a. The unclassified staff of Wright State University ...
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