Database Search Result Details
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First Name
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Naomi
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Last Name
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Pilkington
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Decision Date
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6/15/2017
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Docket Number
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2017-1498-RalED
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ALJ
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SLB
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Respondent
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Raleigh 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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Bus Operator
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Topics
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Suspension; Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s contract.
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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(a)(6)
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Related Cases
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Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Domingues v. Fayette County Bd. of Educ., Docket No. 04-10-341 (Jan. 28, 2005); Wahl v. Mineral County Bd. of Educ., Docket No. 98-28- 175 (Sept. 14, 1998); Blankenship v. Mingo County Bd. of Educ., Docket No. 97-29-486 (Apr. 17, 1998); Martin v. W. Va. State Fire Comm’n, Docket No. 89-SFC-145 (Aug. 8, 1989); Conner v. Barbour Cty. Bd. of Educ., 200 W. Va. 405, 489 S.E.2d 787 (1997); Williams v. Lincoln County Bd. of Educ., Docket No. 2012-0669-LinED (Oct. 23, 2012); Griffin v. Raleigh County Bd. of Educ., Docket No. 2014-0432-RalED (Oct. 7, 2014); Wiley v. Mason County Bd. of Educ., Docket No. 2010-1431-MasED (Apr. 27, 2011); Kirk v. Lincoln County Bd. of Educ., Docket No. 2010-0152-LinED (Nov. 17, 2009)
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Keywords
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Termination; Suspension; Training; Policy and Procedure; Willful Neglect of Duty; Insubordination; Arbitrary and Capricious; Mitigation
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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 bus operator collided with a truck at an intersection, while transporting 21 students, because she failed to yield the right-of-way. Respondent alleges that Grievant violated numerous safety policies, as well as a medication reporting policy, which endangered the student bus passengers and justified her termination. Grievant responds that her termination was unjustified and that she is entitled to an improvement plan to correct her performance. Respondent proved, by preponderance of the evidence, that Grievant was aware of the safety and medication-reporting policies cited by Respondent; she received training on them, and yet willfully disregarded them, jeopardizing the safety of her passengers and that her termination was, therefore, justified.
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