Database Search Result Details
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First Name
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MELVIN
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Last Name
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GOBELI
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Decision Date
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3/14/1988
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Docket Number
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47-87-257-2
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ALJ
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SK
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Respondent
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TUCKER 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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SPECIAL EDUCATION TEACHER
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Topics
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SUSPENSION
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Primary Issues
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Cruelty against a student.
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Outcome
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DENIED
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Statutes
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18A-5-1, 18A-2-8, 18A-2-7
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Related Cases
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301 S.E.2D 846 (WV 1983)
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Keywords
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STRIKE; THREAT; CRUELTY; SELF-RESTRAINT
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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 teacher of the educable mentally impaired, struck a student when he procured a snack cake from another student, an action in violation of the grievant's directive not to go near the machine. When the gr destroyed the cake a verbal exchange ensued which escalated to physical contact by both parties and resulted in the gr slapping the student. Testimony revealed that the gr did not slap the student in self defense. The suspension was not so disproportionate to the offense as to be improper or shocking to one's sense of fairness.
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