Court: Nursing assistant was wrongly suspended

OLYMPIA — The state must show a higher standard of proof to revoke or suspend the licenses of nursing assistants, the state Supreme Court ruled Thursday in a divided decision.

In a 5-4 decision written by Justice Richard Sanders, the majority ruled that Alice Ongom's nursing-assistant registration was wrongly suspended for the alleged abuse of an Alzheimer's patient in 2001. The court reversed the decision, holding that "due process requires clear, cogent, and convincing proof."

In making its decision, the majority referred to the precedent it set with a 2001 ruling in which the justices ruled that for professional disciplinary hearings, due process requires clear and convincing proof.

In that case, the court was reviewing whether the license of a Seattle doctor, who was accused of probation violation and sexual misconduct, was properly revoked.

The dissenting justices argued that the high court's ruling in that case was flawed and should be thrown out.

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, slapping her on the hands several times and kicking her.

There were conflicting witness statements as to 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, and Ongom's license was suspended for two years.

The high court said that section of the Washington Administrative Code is invalid and the higher burden of proof must be used in these cases.

The Attorney General's Office, which argued the case before the high court, disagreed with the majority's decision to require a higher burden of proof.

Ongom's attorney did not respond to a call seeking comment.