Database Search Result Details
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First Name
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ALLEN
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Last Name
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MCCROSKEY
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Decision Date
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10/31/1988
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Docket Number
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51-88-116
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ALJ
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SK
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Respondent
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WEBSTER 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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DISMISSAL
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Primary Issues
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Whether Grievant acted in an immoral manner by engaging in conduct not in conformity with accepted principals of right and wrong.
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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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158 W.VA. 1067, 216 S.E.2D 554 (1975); GOLDEN, 285 S.E.2D 665; ROVELLO V. LEWIS COUNTY; ALLISON V. KANAWHA COUNTY; GROB V. TAYLOR CBOE
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Keywords
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IMMORALITY; DRESS; SUGGESTIVE; MORAL; PARENTAL COMPLAINT; CLOTHING
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #88-AA-300, 11/6/91; Reversed
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Supreme Court
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Writ of Cert filed; settled
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Synopsis
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The term 'immorality' is an imprecise work which means different things to different people, but in essence connotes conduct which is not in conformity with accepted values of right and wrong behavior; contrary to the moral code of the community; wicked; and especially not in conformance with the accepted standards of proper sexual behavior. 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. Grievance denied: the BOE has satisfied the burden of proof set out in Golden and has acted in good faith in attempting to preserve the integrity of the school system.
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