Database Search Result Details
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First Name
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BETTY
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Last Name
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WHITE
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Decision Date
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11/20/1987
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Docket Number
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11-87-020-3
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ALJ
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NK
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Respondent
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GILMER 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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CHIEF FISCAL OFFICER AND TREASURER
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Topics
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DISMISSAL
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Primary Issues
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Willful Neglect of Duties; Evaluations
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-2-8
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Related Cases
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163 W.VA. 1, 254 S.E.2D 561 (1979); 274
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Keywords
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WILLFUL NEGLECT OF DUTIES; PERFORMANCE; EVALUATIONS; RETALIATION; FEES; POWERS; ARBITRARY; CAPRICIOUS
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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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Failure by a BOE to follow the evaluation procedure in West Virginia BOE Policy No 5300 prohibits the board from discharging school personnel for reasons having to do with prior misconduct or incompetency that has not been called to the attention of the employee through the evaluation and which is correctable. Regardless of the label given alleged employee misconduct, if the conduct involves professional competency, adherence to Policy 5300 is required including an evaluation by a qualified professional. The board's dismissal of grievant in January 1987 following its reprimand in November 1986 with no professional reevaluation or assessment as to whether grievant had or had not complied with the reprimand's stated directives is arbitrary and capricious and an abuse of the boar's dismissal powers. Grievance is granted and request for award of attorney's fees is denied.
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