Database Search Result Details
|
First Name
|
HENRY
|
|
Last Name
|
KNAUFF
|
|
Decision Date
|
1/10/1989
|
|
Docket Number
|
88-20-095
|
|
ALJ
|
JW
|
|
Respondent
|
KANAWHA COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
TEACHER
|
|
Topics
|
SUSPENSION
|
|
Primary Issues
|
DUE PROCESS RIGHTS
|
|
Outcome
|
GRANTED
|
|
Statutes
|
|
|
Related Cases
|
279 S.E.2D 169 (W.VA. 1981); 233 S.E.2D 411
|
|
Keywords
|
DUE PROCESS RIGHTS
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Respondent appealed to Kanawha County, Civil Action #89-AA-26; Affirmed 2/13/92, King
|
|
Supreme Court
|
|
|
Synopsis
|
G IS EMPLOYED BY THE KANAWHA COUNTY BOARD OF EDUCATION AS AN ELEMENTARY SCHOOL TEACHER FOR APPROXIMATELY 14 YEARS, ASSIGNED TO WATTS ELEMENTARY SCHOOL. ON MAY 24, 1988 G WAS NOTIFIED THAT DR. RICHARD TRUMBLE, SUPERINTENDENT OF SCHOOLS, WOULD RECOMMEND THAT HE BE SUSPENDED FOR THREE (3) DAYS WITHOUT PAY DUE TO HIS FAILURE TO PROVIDE ADEQUATE SUPERVISION OF HIS STUDENTS ON A FIELD TRIP ON MAY 19, 1988 AND A PREVIOUS HISTORY OF POOR SUPERVISION OF STUDENTS AT HIS SCHOOL. ON MAY 26, 1988 THE KANAWHA COUNTY BOARD OF EDUCATION UPHELD DR. TRUNBLE'S ACTION. G WAS NEVER GIVEN AN OPPORTUNITY TO MAKE AN ORAL OR WRITTEN RESPONSE TO THE CHARGES AGAINST HIM TO EITHER DR. TRUMBLE OR THE KANAWHA COUNTY BOARD OF EDUCATION. SCHOOL EMPLOYEES HAVE A PROPERTY INTEREST IN CONTINUED UNINTERRUPTED EMPLOYMENT AND DUE PROCESS SAFEGUARDS MUST BE PROVIDED WHEN A COUNTY BOARD OF EDUCATION SEEKS TO DEPRIVE EMPLOYEES OF THAT INTEREST. DUE PROCESS MUST BE PROVIDED BEFORE THE DEPRIVATION OF A PROPERTY INTEREST UNLESS THERE EXISTS COMPELLING CIRCUMSTANCES, CLEARLY APPARENT ON THE RECORD. BEFORE A COUNTY BOARD OF EDUCATION MAKES A FINAL DECISION ON THE SUSPENSION OF A SCHOOL EMPLOYEE, SAID EMPLOYEE MUST BE GIVEN THE OPPORTUNITY TO RESPOND ORALLY OR IN WRITING TO THE CHARGES CONSTITUTING THE BASIS FOR THE SUSPENSION UNLESS COMPELLING CIRCUMSTANCES DICTATE OTHERWISE. IN G'S CASE THERE EXISTED NO COMPELLING CIRCUMSTANCES WHICH WOULD HAVE JUSTIFIED SUSPENSION PRIOR TO AFFORDING HIM THE OPPORTUNITY TO RESPOND TO THE CHARGE OF INCOMPETENCY. THE FAILURE OF THE KANAWHA COUNTY BOARD OF EDUCATION TO PROVIDE THE G WITH AN OPPORTUNITY TO RESPOND TO THE CHARGES FOR WHICH HE WAS SUSPENDED PRIOR TO SAID SUSPENSION WA A VIOLATION OF HIS DUE PROCESS RIGHTS. ACCORDINGLY, G IS GRANTED. AND THE BOARD IS ORDERED TO REIMBURSE THE G FOR ANY LOSS OF WAGES FOR 3 DAY SUSPENSION.
|
Back to Results
Search Again