Supreme Court exonerates fired nurse

WASHINGTON, D.C. – The U.S. Supreme Court on Monday let stand a Washington state Supreme Court ruling that the state didn’t have enough proof to suspend a woman’s nursing assistant license for the alleged abuse of an Alzheimer’s patient in 2001.

The Supreme Court exonerated Alice Ongom without comment.

In December 2006, the state Supreme Court, in a 5-4 decision, ruled that for professional disciplinary hearings, due process requires “clear, cogent and convincing proof.”

Alice Ongom was a nursing assistant at the Woodmark Retirement Home in Federal Way. She was accused of throwing a cup or dish at a resident, as well as slapping her on the hands several times and kicking her.

Witnesses gave conflicting statements concerning whether Ongom assaulted the woman, but the Department of Health investigation found that even though there was not “clear and convincing evidence,” a preponderance of evidence existed, as required by the Washington Administrative Code. Ongom’s license was suspended for two years.

The Washington Supreme Court said that section of the code was invalid and that the higher burden of proof must be used in these cases.