Database Search Result Details
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First Name
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ARDEN
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Last Name
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WILKINS
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Decision Date
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2/28/1990
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Docket Number
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89-51-696
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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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SERV
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Job Title
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BUS OPERATOR
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Topics
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DISMISSAL
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Primary Issues
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Procedural due process
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Outcome
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GRANTED
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Statutes
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18A-2-7;18A-2-8
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Related Cases
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ALLISON V. KAN. CB; KNAUFF V. KANAWHA CB; LOUDERMILK
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Keywords
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PROCEDURAL DUE PROCESS-HEARING REQUIRED
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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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BUS DRIVER WAS SUSPENDED W/O PAY BASED ON AN OFF-DUTY CHARGE OF DRIVING UNDER THE INFLUENCE OF ALCOHOL. HE CLAIMED THE SUPERINTENDENT LACKED AUTHORITY TO SUSPEND; CHARGES LATER PRESENTED TO THE CB WERE NOT IN THE SUSPENSION NOTICE; REASONS FOR THE SUSPENSION DID NOT FALL W/IN THE STATUTORY CATEGORIES; HE WAS NOT GIVEN PROPER NOTICE OR A HEARING ON THE CHARGES; NO RATIONAL NEXUS EXISTS. MOST OF THESE CHARGES WERE REJECTED BUT A PROCEDURAL DUE PROCESS VIOLATION WAS FOUND, SINCE HE WAS NOT GIVEN A HEARING BEFORE THE DISMISSAL.
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