| First Name | Robert |
| Last Name | Cline |
| Decision Date | 9/23/2015 |
| Docket Number | 2015-0904-BraED |
| ALJ | WBM |
| Respondent | Braxton County Board of Education |
| Employment Type | PROF |
| Job Title | Teacher/Coach |
| Topics | Termination; Dismissal |
| Primary Issues | Whether Respondent proved that Grievant intentionally neglected his duty leaving classes unattended and spending large portions of time he was supposed to be teaching to texting matters unrelated to instruction. |
| Outcome | Denied |
| Statutes | W. Va. Code § 18A-2-7; W. Va. Code § 18A-2-8; W. Va. Code § 6B-2-5(b)(1); W. Va. Code § 18A-4-16 (1); W. Va. Code § 18A-2-12a (b)(6) |
| Related Cases | Kennedy v. Dep’t Health & Human Res., Docket No. 2009-1443-DHHR (Mar. 11, 2010); Reynolds v. Kanawha-Charleston Health Dep't, Docket No. 90-H-128 (Aug. 8, 1990); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Domingues v. Fayette County Bd. of Educ., Docket No. 04-10-341 (Jan. 28, 2005); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W. Va. 638, 398 S.E.2d 120 (1990); Williams v. Cabell County Bd. of Educ., Docket No. 95-06-325 (Oct. 31, 1996); Hilton v. Wood County Bd. of Educ., Docket No. 2014-0140-WooED (May 16, 2014); Moore v. Brooke County Bd. of Educ., Docket No. 2012-0741-BroED(R) (Nov. 27, 2013); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); 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, 739; 274 SE 2d 435 (1980); Williams v. Lincoln County Bd. of Educ., Docket No. 2012-0669-LinED, (Oct. 23, 2012 |
| Keywords | Insubordination; Misconduct; Willful Neglect of Duty; Extracurricular Assignments; Leaving Classes Unattended; Correctable Conduct |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Respondent terminated Grievant’s teaching and coaching contracts after an investigation after a complaint was lodged by a local resident. Respondent alleged that Grievant was guilty of insubordination for violating rules and policies, and willful neglect of duty by spending large amounts of time texting while he was supposed to be teaching. Respondent failed to prove that Grievant intentionally violated policies and rules related to leaving school, but did prove Grievant was guilty of willful neglect of duty. |