Database Search Result Details

First Name CAROL
Last Name WATSON
Decision Date 3/24/1987
Docket Number 47-86-376-2
ALJ SK
Respondent RANDOLPH COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title SUBSTITUTE TEACHER
Topics DISMISSAL
Primary Issues Long-term Substitute Teaching; Termination
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18A-2-8
Related Cases HAWKINS V. TYLER CB, 275 S.E. 2D 908, 912 (WV 1980); WILSON V. TRUBY, 281 S.E. 2D 231 (WV 1981); MICHAEL GOODWIN V. LEWIS CBOE
Keywords SUBSTITUTE TEACHER; PROMISSORY ESTOPPEL; RELIANCE; ARBITRARY; CAPRICIOUS; LONG-TERM
Intermediate Court of Appeals
Circuit Court Respondent appealed to Randolph County, Civil Action #87-C-112; ruling not obtained
Supreme Court S.Ct. Grievant appealed and case settled and withdrawn on 10-17-89
Synopsis Gr, a substitute teacher, was terminated from her position and replaced by another substitute. Gr argues that her dismissal was in violation of Code 18A-2-8 which provides that a Board may dismiss an employee, a power not granted to school principals and Randolph CBOE Education Policy EBD which permits teacher transfers only at the conclusion of a semester. Grievant further asserts the doctrine of promissory estoppel prohibits her dismissal from the position which she accepted based upon a representation that it would be of long-term duration and which required her to forfeit another long-term duration position in order to accept. Decision: The principal's termination of the gr as a long-term substitute teacher for her failure to obey an order without first discussion the situation with her was arbitrary and capricious. A board is estopped from the arbitrary termination of a substitute employee from a long term assignment which had been accepted after forfeiture of another position based on the employee's reasonable reliance on an administrator's statement that she would hold the position until the end of that semester.

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