Database Search Result Details
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First Name
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GRACE
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Last Name
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WIGAL
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Decision Date
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10/15/1987
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Docket Number
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38-86-069-2
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ALJ
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SK
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Respondent
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POCAHONTAS 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 (HIGH SCHOOL)
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Topics
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DISMISSAL
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Primary Issues
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Grievant's dismissal did not impair ability to perform duties; not held accountable for another persons actions; immorality.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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Related Cases
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357 S.E.2D 246 (W.VA. 1987); 285 S.E.2D 665
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Keywords
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IMMORALITY; FELONY; MARIJUANA; NEXUS; INDICT
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Pocahontas County, 12/15/87, Civil Action #85-C-22, Dismissed 3/3/93
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Supreme Court
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Synopsis
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Gr was arrested for felonious possession of and intent to deliver marijuana. As a result of this arrest she was suspended from her position as a teacher. At that time she waived her right to a hearing pending resolution of the criminal charges made against her in the warrant for her arrest but retained her right to petition for reinstatement upon resolution of the matter. Gr entered into an agreement with the Dept of Justice and fully complied with the terms of the agreement and was never indicted by federal or state authorities. The evidence suggests that the gr's role in the criminal activities was created entirely through her relationship with her husband. There is no evidence that the gr's ability to satisfactorily perform her duties as a teacher has been directly affected by her arrest or that any of her students were directly involved in or affected by the activities of the of the grievant or husband. Grievance granted in part; the BOE failed to establish a rational nexus b/w the events which occurred in private, did not directly involve any student or school personnel and did not result in any criminal charges being brought against the grievant and the duties which she performed as a teacher. As noted in Maynard v. BOE of Wayne Co, courts have generally been reluctant to award retroactive monetary relief to public employees who have filed actions after a lengthy delay and where to grant such relief would cause substantial harm to the public's fiscal affairs. However, in this instance the gr has exercised diligence in seeking reinstatement while suspended and promptly institute grievance proceedings upon her dismissal. The gr's good faith waiver of wages from the date of her suspension until the resolution of the matter was reasonable and will be upheld.
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