Database Search Result Details
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First Name
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GORDON
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Last Name
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PATTERSON
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Decision Date
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1/31/1990
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Docket Number
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89-35-59
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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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SERV
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Job Title
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CUSTODIAN
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Topics
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DISMISSAL
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Primary Issues
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Whether grievant's insubordination in regard to failing to comply with work rules is subject to 5300.
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Outcome
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DENIED
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Statutes
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18A-2-8
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Related Cases
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HASTINGS; ROVELLA, 381 S.E. 237(1989)
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Keywords
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FALSIFY TIME CARDS AFTER WARNING; FALSE EXCULPATORY; INSUBORDINATION; WILLFUL NEGLECT OF DUTY
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Ohio County, 3/19/90; Civil Action #90-AA-48, Affirmed 1/31/92; Hey
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Supreme Court
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Synopsis
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GRIEVANT WAS DISMISSED FROM HIS CUSTODIAL POSITION PURSUANT TO W.VA. CODE 18A-2-8 ON CHARGES OF WILLFUL NEGLECT OF DUTY AND INSUBORDINATION FOLLOWING HIS LEAVING WORK EARLY AND SUBMITTING FALSE TIME CARDS DESPITE WARNINGS THAT HE DISCONTINUED THE PRACTICE. DECISION: GRIEVANCE DENIED. RESPONDENT PROVED THAT GRIEVANT'S DISMISSAL WAS A REASONABLE EXERCISE OF ITS AUTHORITY UNDER CODE 18A-2-8. GRIEVANT WAS NOTIFIED AND WELL-APPRISED OF THE SPECIFICS OF THE CHARGES AGAINST HIM PRIOR TO THE RESPONDENT'S DISMISSAL ACTION, CONTRARY TO HIS CONTENTIONS OTHERWISE. MOREOVER, THE EVIDENCE AND APPLICABLE LAW SUPPORTS RESPONDENT'S POSITION THAT THE GRIEVANT'S OFFENSES WERE NON-CORRECTABLE MISCONDUCT NOT SUBJECT TO THE REQUIREMENTS OF STATE BOARD OF EDUCATION POLICY NO. 5300, AND GRIEVANT WAS NOT ENTITLED TO AN IMPROVEMENT PERIOD AS HE URGED.
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