Database Search Result Details
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First Name
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Thomas
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Last Name
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Hoffman
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Decision Date
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6/5/2017
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Docket Number
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2016-1206-MinED
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ALJ
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WBM
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Respondent
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Mingo 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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Administrator
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Topics
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Written Reprimand
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Primary Issues
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Whether Respondent proves a written reprimand was justified and whether the reprimand was an act of reprisal.
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Outcome
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Denied
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Statutes
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W. Va. Code 6C-2-2(o)
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Related Cases
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Carper v. Clay County Health Dep’t, Docket No. 2012-0235-ClaCH (July 15, 2013); Cook v. Div. of Nat'l Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-272 (Oct. 31, 2002); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004)
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Keywords
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Written Reprimand; Policy; Reporting A Serious Incident; Employee Code Of Conduct; Reprisal
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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 contests a written reprimand he received for failing to inform the superintendent or central office of a serious accident which occurred involving students in the Board’s LPN program. Grievant notes that he reported the incident after he made his initial investigation which took two days. He argues that there is not a specific time set out in policy for reporting such matters. He further argues that the reprimand was an act of reprisal for his requesting a transfer hearing and prevailing in a grievance related to the reduction of his employment term. Respondent proved that there is an expectation that serious accidents be reported to the central office immediately, that Grievant knew of this expectation and did not comply. Respondent also proved that it had a legitimate, non-retaliatory reason for issue the written reprimand to Grievant.
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