Database Search Result Details
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First Name
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NANCY
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Last Name
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BONNETT
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Decision Date
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5/19/1989
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Docket Number
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20-89-007
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ALJ
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DC
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Respondent
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KANAWHA 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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SECRETARY
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Topics
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SUSPENSION/DISMISSAL
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Primary Issues
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Immorality
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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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285 S.E.2D 665, 668 (W.VA. 1981); 151 S.E.2D COPENHAVER V. RALEIGH
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Keywords
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IMMORALITY, EMBEZZLEMENT
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant, a secretary III, was suspended and subsequently dismissed based on written charges of embezzlement of meal monies. DECISION: A BOE may dismiss or suspend any employee for behavior constituting 'immorality'. That term, as it appears in the statute, may be defined as 'conduct 'not in conformity with accepted principles of right and wrong behavior; contrary to the moral code of the community; wicked; especially, not in conformity with the acceptable standards of proper sexual behavior.'' 'The essential elements of embezzlement are a trust relationship to the...money involved, belonging to someone else and in the possession of the employee by virtue of his office and converted to his own use with intent to defraud. Even in embezzlement indictments and trials, in which the accused had potential criminal exposure, the particular money alleged to be taken need no be identified. However, in this matter, the $200 proven embezzled was included in the $24,000 figure and was thus part of the express written charges made against grievant.
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