Database Search Result Details
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First Name
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Sheila
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Last Name
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Foltz
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Decision Date
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3/23/2017
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Docket Number
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2017-1357-BerED
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ALJ
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BLG
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Respondent
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Berkeley 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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Autism Mentor/Aide
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Topics
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Suspension; Termination; Dismissal
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Primary Issues
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Whether Grievant’s conduct constituted insubordination, immorality, or cruelty, and whether her conduct was correctable.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-2-8; W. Va. Code § 18A-5-1€
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Related Cases
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Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (2002); Riddle v. Bd. of Directors, So. W. Va. Comm. College, Docket No. 93-BOD-309 (May 31, 1994); Wells v. Upshur County Bd. of Educ., Docket No. 2009-1714-UpsED (May 6, 2011); aff’d in part, and reversed in part, Wells v. Upshur County Bd. of Educ., Memorandum Decision, 2013 W. Va. Lexis 128 (Feb. 11, 2013); Graham v. Wetzel County Bd. of Educ., Docket No. 2014-0901-WetED (July 9. 2014); Durst v. Mason County Bd. of Educ., Docket No. 06-26-028R (May 30, 2008); Golden v. Bd. of Educ. of County of Harrison, 169 W. Va. 63, 285 S.E.2d 665, 668 (1981); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 739; 274 S.E.2d 435 (1980); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002)
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Keywords
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Suspension; Termination; Code of Conduct; Immorality; Incompetency; Insubordination; Corporal Punishment; Unsatisfactory Performance; CPI Training; Correctable Conduct; Autistic Student; Dragging Student
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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 terminated from her employment as an Autism Mentor after she pulled a nine-year-old Autistic student along the floor of the hallway at school by his arm and leg. His other arm was fractured and was in a sling at the time, as the result of an accident at his home. There was no threat to the student or others at the time of this incident, nor was there any other emergency situation which would necessitate moving the student. Grievant had extensive training as an Autism Mentor, Crisis Prevention Intervention training, and additional recent positive intervention training. The Crisis Prevention Training included training on the scenarios when a child might need to be moved, and how to move a child if it became necessary. None of Grievant’s training instructed that it was appropriate for one person to drag a student along the floor by his arm and leg. Grievant never called for help with the student as her training has taught her when she is in need of assistance with a student. Respondent proved the charges against Grievant.
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