Database Search Result Details
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First Name
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Kelli
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Last Name
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Wright
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Decision Date
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5/22/2017
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Docket Number
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2017-1370-KanED
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ALJ
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BTC
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Respondent
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Kanawha 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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Aide
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved it was justified in terminating Grievant’s employment.
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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-2-12a
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Related Cases
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Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732 (W. Va. 1980); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Byers v. Wood County Bd. of Educ., Docket No. 2013-2075-WooED (Oct. 31, 2013); Dalton v. Monongalia County Bd. of Educ., Docket No. 2010-1607-MonED (Nov. 23, 2010), Affirmed, Kanawha County Cir. Ct., Civil Action No. 11-AA-2 (May 12, 2011)
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Keywords
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Termination; Unsatisfactory Performance Evaluations; Disciplinary Action; Correctable Conduct; Inappropriate Behavior
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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 employed by Respondent as an Aide. Respondent terminated Grievant’s employment for grabbing a three-year-old special needs child by the wrist with enough force to lift the child’s feet off the floor eight to ten inches and then dropping the child back to the floor. Respondent proved it was justified in terminating Grievant’s employment without an additional improvement plan. Grievant’s conduct was not correctable as it both directly affected the safety of the child and was the same type of conduct and lack of judgment for which previous discipline, evaluation, and improvement plans had failed to correct. Accordingly, the grievance is denied.
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