Database Search Result Details
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First Name
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DEBRA
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Last Name
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SMARR
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Decision Date
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6/16/1986
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Docket Number
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54-86-062
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ALJ
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SK
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Respondent
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WOOD 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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CUSTODIAN
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Topics
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SUSPENSION/DISMISSAL; RETALIATION
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Primary Issues
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Improvement period not granted.
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Outcome
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GRANTED
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Statutes
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18A-2-8; 18-29-3; 18-29-8.
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Related Cases
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Keywords
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ATTORNEY FEES; RETALIATION; IMPROVEMENT; SUSPENSION; ARBITRARY
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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 was suspended for theft and ultimately dismissed by the BOE. Grievant claims her dismissal retaliatory in nature and resulted by the filing of a grievance. No evidence was presented substantiating any of the charges against Grievant. A BOE is prohibited from dismissing an employee for misconduct or incompetency without making the employee aware of the deficiencies and not permitting a correction period. The evidence presented by the BOE was insufficient as a matter of law to support the dismissal. This case recognizes that hearing examiners do not have the authority to award attorney fees at this level.
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