Database Search Result Details
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First Name
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Sherrie
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Last Name
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Lake
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Decision Date
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6/28/2016
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Docket Number
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2016-0377-CabED
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ALJ
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LGB
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Respondent
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Cabell 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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Teacher
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Topics
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Back Pay
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Primary Issues
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Whether Grievant demonstrated that Respondent acted in bad faith by concealing the facts giving rise to the claim for back pay.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-1; W. Va. Code §6C-2-3(c)(2)
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Related Cases
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Buffey v. Harrison County Board of Education, Docket No. 00-17-398 (May 3, 2001); Bright v. Tucker County Board of Education, Docket No. 47-86-097 (Sept. 18, 1987); Barnett v. Putnam County Board of Education, Docket No. 02-40-122 (June 21, 2002)
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Keywords
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Back Pay; Experience Credit; Teaching Experience; Homeschooling
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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 is employed by Respondent Cabell County Board of Education (“CCBOE”) as a multi subject homebound teacher. Grievant homeschooled her children from 1989 to 1998. In 2002, she became employed by CCBOE. In March 2002, Grievant sought experience credit as a teacher for the years spent homeschooling her children, as authorized by W. Va. Code § 18A-4-1(1). CCBOE twice sought guidance from the State Superintendent of Schools, but received no response. Grievant repeatedly inquired about the status of her request but did not file a grievance until September 16, 2015. CCBOE ultimately awarded Grievant the experience credit she requested and correctly adjusted her current salary. However, CCBOE limited Grievant’s back pay to one year, as provided by W. Va. Code § 6C-2-3(c)(2). Grievant failed to demonstrate that CCBOE acted in bad faith in concealing the facts giving rise to the grievance, so as to warrant an extension of her entitlement to back pay for an additional six months. There is no other legal authority for awarding back pay to Grievant beyond the limitations period contained in the statute. Accordingly, this grievance must be DENIED.
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