Database Search Result Details
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First Name
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SAMUEL
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Last Name
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ROVELLO
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Decision Date
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6/16/1986
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Docket Number
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21-86-081
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ALJ
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SK
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Respondent
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LEWIS 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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PRINCIPAL
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Topics
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SUSPENSION/DISMISSAL
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Primary Issues
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Immorality; Violation of Grievant's rights granted by State Board of Education Policy 5300; Cause
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Outcome
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DENIED; REVERSED BY THE SUPREME COURT
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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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Keywords
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CAUSE; IMMORALITY; TRAVEL; EXPENSES; HOTEL; REIMBURSEMENT; EVALUATION; CORRECTABLE; WILLFUL
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Lewis County, Civil Action # not available; Affirmed 9/22/88
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Supreme Court
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S.Ct. reversed ALJ at Rovello v. Lewis County Bd. of Educ., 181 W. Va. 122; 381 S.E.2d 237 (1989)
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Synopsis
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Although the WV Sup Ct required adherence to policy 5300 procedures in Trimboli, Wilt, Wren and Holland, these involved charges of insubordination and incompetency. While the applicability of policy 5300 to a charge of immorality has never been specifically addressed, the Court did determine the policy does not proscribe discharge for irremediable conduct and that the factor triggering the application of the evaluation procedure and correction period is whether the conduct is correctable. Correctable conduct is 'understood to mean an offense or conduct which affects professional competency.' Grievant made a conscious and intentional decision to pay the expenses of a guest from school funds and declined to repay the school. The evidence shows this action did not occur due to the lack of competency on the part of the Grievant but rather was willful conduct not in conformity with accepted principles of rights and wrong behavior and was contrary to the moral code of the community. Grievance denied; the Grievant was not deprived of any rights guaranteed by policy 5300
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