Database Search Result Details
|
First Name
|
IDA
|
|
Last Name
|
GROB
|
|
Decision Date
|
9/1/1987
|
|
Docket Number
|
48-86-349-2
|
|
ALJ
|
SK
|
|
Respondent
|
TAYLOR COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
TEACHER
|
|
Topics
|
DISMISSAL
|
|
Primary Issues
|
Immorality
|
|
Outcome
|
DENIED
|
|
Statutes
|
18A-2-8
|
|
Related Cases
|
317 S.E.2D 159 (W.VA. 1984); 285 S.E.2D 665
|
|
Keywords
|
IMMORALITY
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to Taylor County Civil Action #87,-C-151; Dismissed 1/9/90
|
|
Supreme Court
|
|
|
Synopsis
|
G HAS BEEN CONTINUOUSLY EMPLOYED BY THE TAYLOR COUNTY BOARD OF EDUC. AS A TEACHER SINCE 1968. SINCE 1982 THE G HAS BEEN RESPONSIBLE FOR THE CARE AND WELFARE OF HER THIRTY YEAR OLD SON WHO SUFFERS FROM SERIOUS MENTAL HEALTH PROBLEMS. ON NOVEMBER 25, 1986 SUPERINTENDENT RONALD DELLINGER RECOMMENDED THAT THE G BE DISMISSED BASED ON NINETEEN CHARGES OF IMMORALITY. THE BOARD OF EDUC. APPROVED THE RECOMMENDATION TO BE EFFECTIVE 12/1/86. THE G IS CHARGED WITH SOLICITING FALSE TESTIMONY FROM AN EIGHTH GRADE STUDENT AT WORKERS' COMPENSATION HEARING REGARDING AN ACCIDENT INVOLVING THE G. WHILE THE G DENIES THIS CHARGE AND SUGGESTS THAT THE STUDENT MISUNDERSTOOD HER REQUEST, THERE IS NO APPARENT MOTIVE FOR THE STUDENT TO FABRICATE SUCH TESTIMONY. PARENTS AND COMMUNITY MEMBERS BOTH WERE AFRAID OF THE G. G HAS ENGAGED IN CLASSROOM BEHAVIOR PERCEIVED BY HER STUDENTS AS PHYSICAL THREATS OR EXTREMELY UNUSUAL (E.G., WISHING TO WATCH THEIR BLOOD OOZE ONTO THE FLOOR) RESULTING IN PARENTAL COMPLAINTS. W.VA. CODE, 18A-2-8 PROVIDES THAT A SCHOOL BOARD MAY DISMISS AN EMPLOYEE AT ANY TIME FOR STATED REASONS, INCLUDING IMMORALITY. THIS AUTHORITY IS TO BE EXERCISED REASONABLY AND FOR GOOD CAUSE SHOWN BY A PREPONDERANCE OF THE EVIDENCE. DEVITO V. BOD, 317 S.E. 2D 159 (W.VA. 1981); HIGGINBOTHAM V. KANAWHA COUNTY BOE, DOCKET NO. 20-87-087-1. IMMORALITY IS DEFINED AS CONDUCT NOT IN CONFORMITY WITH ACCEPTED PRINCIPLES OF RIGHT AND WRONG BEHAVIOR AND CONTRARY TO MORAL CODE OF THE COMMUNITY. GOLDEN V. BOE OF HARRISON, 285 S.E.2D 665 (W.VA. 1981). A TEACHER MAY BE DISMISSED WITHOUT DIRECT PROOF OF AN ADVERSE EFFECT OF THE ALLEGED MISCONDUCT WHERE THE CONDUCT DIRECTLY INVOLVES MINOR STUDENTS AND IS PATENTLY INAPPROPRIATE. SUCH CONDUCT IS PRESUMED TO HAVE AN ADVERSE EFFECT ON THE STUDENTS, TEACHERS AND STAFF OF THE SCHOOL. ALLISON V. KANAWHA CO. BOE; SUPRA, AND WHITE V. LOGAN BOE, SUPRA. A TEACHER WHO SOLICITS PERJURED TESTIMONY FROM A STUDENT, THREATENS AND FRIGHTENS STUDENTS AND TOWNSPEOPLE, ENGAGES IN BEHAVIOR AND USES LANGUAGE DETERMINED TO BE UNACCEPTABLE BY THE COMMUNITY, HAD ENGAGED IN IMMORALITY AS A MATTER OF LAW WHICH RENDERS HER UNFIT TO TEACH. THE BOARD OF EDUCATION HAS SATISFIED THE BURDEN OF PROOF CONSTITUTING 'IMMORALITY' AS CONTEMPLATED BY W.VA. CODE, 18A-2-8, AND ACTED IN GOOD FAITH IN ATTEMPTING TO PRESERVE THE INTEGRITY OF THE SCHOOL SYSTEM IN TAYLOR COUNTY. THE GRIEVANCE IS THEREFORE DENIED AND THE DISMISSAL IS AFFIRMED.
|
Back to Results
Search Again