Database Search Result Details
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First Name
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BETTY
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Last Name
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NICODEMUS
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Decision Date
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3/31/1989
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Docket Number
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35-88-148
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ALJ
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NK
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Respondent
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OHIO COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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EVALUATION
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Primary Issues
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Altering of rating components
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Outcome
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GRANTED
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Statutes
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Related Cases
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286 S.E.2D 682 (W.VA. 1981); 249 S.E.2D 919
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed, Transferred to Ohio County, 5/5/89, Civil Action #89-C-296, Reversed 5/11/90
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Supreme Court
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Synopsis
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Grievant employed to teach media skills at five separate county schools and protests portions of an evaluation of her professional performance at one school during the 87-88 school year and 'stress, W.Va. Code 8-29-2.' No job description was ever tendered for Grievant but the record developed at lower level hearings revealed she was responsible for library and media needs, including but not limited to the shelving, dissemination and inventory of the equipment. Although requested to do so by the principal at West Liberty, Grievant refused to invade staff classrooms and personal areas to search for missing items. Subsequently, the principal issued a 'Does Not Meet Standards' evaluation of Grievant's professional performance and issued a plan of assistance without Grievant's input. DECISION: The evaluation form, consisting of a 'yes' or 'no' scoring system, was altered by the principal to include an ambiguous 'some' rating and scored Grievant in this category 13 times. According to SBOE Policy 5310, one purpose of employee evaluation is to provide a basis for sound personnel decisions. Policy requires that a school board use standardized evaluation components, and rating is an integral component of an evaluation instrument. GRANTED; alternation of the rating component on an evaluation instrument by an evaluator and repeated mistakes in subjective judgment contrary to the objective evidence, abuse of discretion which renders the evaluation arbitrary.
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