Database Search Result Details
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First Name
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Donna
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Last Name
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Joy
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Decision Date
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5/16/2017
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Docket Number
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2016-1687-JefED
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ALJ
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BLG
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Respondent
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Jefferson 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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Dismissed
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Primary Issues
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Whether any relief can be granted.
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Outcome
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Dismissed; Remedy Wholly Unavailable
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Statutes
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W. Va. Code § 18-5-46; W. Va. Code § 29-6A-5(b)
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Related Cases
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Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Super v. Randolph County Bd. of Educ., Docket No. 99-42-043 (Mar. 5, 1999); Stepp v. Dep't. of Trans./Div. of Highways, Docket No. 06-DOH-215 (Oct 27, 2006); Dooley v. Dep't. of Trans./Div. of Highways, Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Lawrence v. Bluefield State Coll., Docket No. 2008-0666-BSC (June 19, 2008); Baker v. Bd. of Dir./Concord Coll., Docket No. 97-BOD-265 (Oct. 8, 1997)
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Keywords
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Relief; Failure to Assert a Claim; Damages; Change of Student Grade; Moving Student; Cease and Desist Order; Acknowledgement of Wrong; Apology; Student Rights
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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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The statement of grievance alleges a violation of West Virginia Code § 18-5-46, which provides that, “[n]o teacher may be required by a principal or any other person to change a student’s grade on either an individual assignment or a report card,” and then provides exceptions. Grievant was not required to change a student’s grade, rather a student was moved to another classroom and Grievant has alleged that teacher was required to change a grade. Grievant cannot grieve for another employee. Additionally, Grievant seeks as relief that Respondent acknowledge it was wrong, a cease and desist order, damages for mental, emotional, and physical distress, and to have the action of the principal reversed, which would require the undersigned to take actions which would affect the rights of the student, none of which is available from the Grievance Board in this case.
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