McSwain v. Charleston County Board of Trustees

I respectfully dissent.

I. Exhaustion of Administrative Remedies

Although in my view Parent likely failed to exhaust her administrative remedies, I would not disturb the circuit court’s finding on this issue. See Hyde v. S.C. Dep’t of Mental Health, 314 S.C. 207, 208, 442 S.E.2d 582, 582-83 (1994) (whether administrative remedies must be exhausted is a matter within the sound discretion of the trial court). Nevertheless, I address this point because I disagree with the majority’s analysis.

For urgency to constitute an exception to the requirement that a party exhaust her administrative remedies,…