Database Search Result Details
|
First Name
|
VIRGINIA
|
|
Last Name
|
WHITE
|
|
Decision Date
|
11/26/1986
|
|
Docket Number
|
14-86-200-2
|
|
ALJ
|
SK
|
|
Respondent
|
HAMPSHIRE COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
TEACHER
|
|
Topics
|
NON-RENEWAL OF CONTRACT
|
|
Primary Issues
|
A reason must be shown, supported by the evidence with the grievant given the chance to cross-examine prior to non-renewal of contract.
|
|
Outcome
|
GRANTED, IN PART; DENIED, IN PART
|
|
Statutes
|
18-29-8, 18-2-8a
|
|
Related Cases
|
332 S.E.2d 109 (WV 1985), 256 S.E.2d 592
|
|
Keywords
|
NON-RENEWAL; TENURE; CONTRACT; PRE-TERMINATION HEARING;
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to Hampshire County 12/29/86, Civil Action #86-P-46; Affirmed as to reinstatement; denied in award of back pay 4/6/87, Hamilton; Respondent appealed to Kanawha County 87-C-AP-9; Transferred case to Hampshire County 3/27/87
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant filed a motion for summary judgment based on the board's failure to provide a full evidentiary hearing pursuant to W.Va. Code 18-2-8a. Respondent argues that the elements of due process vary, depending on the circumstances and the status of the employee. As Grievant is a nontenured employee, this was not a dismissal action but a nonrenewal of contract and does not require a hearing prior to BOE action. The West Virginia Supreme Ct of Appeals has most recently addressed this issue in Hedrick, in which it held that a nontenured employee who was not rehired was not afforded a full and complete hearing when her principal had not been present to testify about his recommendation and the Grievant had no opportunity to cross-examine him concerning the evaluations. The Court noted that without the principal's testimony the board was not able to meet the requirements of the statute that the reasons for non-rehiring be shown. In the present case, the Supt recommendation was based on the evaluations of the teacher by the principal. As Grievant's principal did not testify at the hearing the BOE has failed to show the reasons for the nonrenewal of her contract. Grievance granted in part; the BOE bears the burden of showing the reasons for nonrenewal of a nontenured employee's contract.
|
Back to Results
Search Again